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JULY 7, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Michael Ocealis, Grace Community 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 June 16, 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) - Proclamation Honoring Jason Shrader Mayor Hood read a proclamation honoring Jason Shrader for his heroic act in saving an individual from drowning on May 23, 1998. He reported the proclamation designates today, July 7, 1998, as "Jason Shrader Day" in the City of Ormond Beach, urging the citizens of Ormond Beach to pay tribute to Jason as an outstanding representative of the youth in the City and thanking him for service to the community. Mr. Shrader stated he never expected this honor when he saved Mr. Skelton’s life, but he expressed his appreciation. Item #5(B) - Service on the Code Enforcement Board Mayor Hood presented a plaque to Scott Coleman for service as a member and Vice-Chairman on the Code Enforcement Board from June 2, 1985, through June 2, 1998. He thanked Mr. Coleman for his service on this Board. Item #5(C) - Fire Emergency Mayor Hood read two (2) proclamations relative to firefighter, police and community contributions during the recent fire emergency, expressing the City’s appreciation for the professional commitment of the Ormond Beach Firefighters, Ormond Beach Police Officers, surrounding governmental agencies, and agencies from throughout the State of Florida and the United States. He stated these forces were supported by many dedicated City employees from all City departments, and Volusia County, State and Federal officials. Mayor Hood stated the excellent coordination was made possible by a comprehensive team effort. Sincere appreciation was expressed to citizens and businesses who made commitments in the form of volunteering services, donating food and supplies and to those who were asked to evacuate their homes and businesses for their patience and cooperation during the emergency. Mayor Hood read a list of agencies from all over Florida, Alabama, Canada, North Carolina, Georgia, Tennessee, and Virginia who helped Ormond Beach during the fire emergency by sending firefighters and police officers. Special thanks was given to the Riverbend Community Church for housing the Command Post, and to the American Red Cross, the Salvation Army, Houligan’s Irish Sports Bar, Bodies By Tasso & Company, Re/Max and Poe & Brown for their outstanding contributions. He stated that while Ormond Beach had a very tragic, stressful and emergent situation, it came out of this situation a stronger community . Mayor Hood stated Ormond Beach is fortunate to have Fire Chief Barry Baker and Police Chief Larry Mathieson, who are both very professional in their leadership, competency, intellect, poise and ability, and he expressed his admiration for all the courageous firefighters. He also commended other City employees who assisted night and day. Item #6- Audience Remarks Commendations Mr. Joseph Porta, 134 Seton Trail, stated that as a retired firefighter, he understood the danger Ormond Beach was in during the recent fires and commended the firefighters. He stated the fact that there was no loss of life is a tribute to those who fought these fires. Ms. Joyce High, 38 Oakbrook, stated the work of Ormond Beach’s dedicated firefighters, supported by dedicated police officers, has all the citizens filled with gratitude. She also thanked the wives and families of these courageous employees. Ms. High recommended honoring these special people by naming the next park "Ormond Public Safety Park" as a living tribute and by erecting a statute featuring a fireman, a policeman, and a small child looking to them for safety. Ms. High stated several months ago Commissioner Boyle, Commissioner Gillooly, and then Commissioner Schecter "went out on a limb" to raise the firefighters’ salaries, which fueled a frivolous lawsuit. She noted the battles waged on fire lines these weeks were fought by personnel still on the old pay scale, since the raise is not effective until October. She indicated that an understaffed department with only two (2) men per truck laid it all on the line for Ormond Beach citizens. She stated Ormond Beach has a unique opportunity to take a small amount of money and make a big acclamation in favor of the firefighters by making the pay raise retroactive to July 1, 1998. Mr. Dan Kraemer, 821 North US #1, commended the City Commission for the way they responded, rallied and liberated the Community. He expressed his appreciation to "two bright shining stars," Fire Chief Baker and Police Chief Mathieson, who were beacons to an army of personnel whose jobs were to protect lives, property and battle the firestorm. He also thanked the citizens who rallied around the firefighters and police officers who worked long hours but were greeted with an abundance of food, beverages, supplies and an outpouring of support and love that Ormond Beach has never seen in its history. Mr. Morris Levy, 40 Whippoorwill Lane, expressed appreciation to all the people who helped save Ormond Beach, with a special thanks to the law enforcement officers who aided in evacuating Ormond in the Pines without incident. He requested the list of names Mayor Hood read of Police and Fire personnel from other agencies who assisted Ormond Beach so that citizens may send letters of thanks. Mayor Hood recommended Mr. Levy contact the City Clerk’s office for this information. Mr. Harold Briley, 213 North Beach Street, thanked the City Commission, administrative staff, and employees of the City of Ormond Beach for their actions during the emergency. He stated that the fire was two (2) to three (3) feet from some structures. Mr. Briley explained that there were instances where there was a house, a vacant lot, and another house, and the houses were not burned, but the lot in the middle was burned, which speaks volumes for the firefighters’ ability. He indicated that when Mr. Miller hired Chief Mathieson and Chief Baker, he hired the best in the business. Mr. Don O’Lone, 1304 Northside Drive, saluted the patience shown by the law enforcement officers with the senior citizens. He stated a quote from Winston Churchill, "this has been our finest hour," applies to Ormond Beach during this time. Mr. Gerald Brandon, 7 Fawn Pass Way, commended the leadership of the City Commission, City staff, and the Police and Fire Departments, for their profession attitude and the direction they gave the community throughout this crisis. He gave special thanks to Chief Baker, Chief Mathieson, and Public Relations Coordinator Mike Judd for the timely information that was broadcast periodically. As President of the Breakaway Trails and The Trails Homeowners’ Associations, Mr. Brandon thanked all the staff for all they have done. Mayor Hood recognized Mr. Miller for hiring the first rate staff and for being at the Command Center daily. He also recognized Representatives Tillie Fowler and Corrine Brown for obtaining the Governor’s assistance and Representatives Evelyn Lynn and Locke Burt for their help. Commissioner Boyle thanked the people who expressed themselves. He stated this was the greatest threat in the history of Ormond Beach and its darkest, but also its finest, hour. Commissioner Boyle stated the community has learned a lot about itself and about the people who serve and protect it. He noted that the firefighters from other states stated they will never forget Ormond Beach’s fires or its people, and Ormond Beach will never forget them. He stated people can see the evidence that the firefighters were the last line of defense, and a triumph of human spirit saved many of the homes. He stated the last firestorm involving the firefighters was over a pay increase, and it should now be clear to all, that the real issue was not about money, but if the City would show as much dedication to the firefighters as they have shown to the citizens. Commissioner Boyle stated the firefighters have answered their part of that question, and it is now up to the City. He stated there will always be brush fires in Florida since it is a natural part of the ecosystem, but it is clear some of the drought is manmade through tree removal, wetland destruction, and pavement which all contribute to a hotter, dryer Florida. He stated the City government will do all it can to reduce that risk. Emmons Cottage Mr. Joseph Porta, 134 Seton Trail, stated four (4) weeks ago the problems at the Emmons Cottage were discussed, and a solution was to be carried out as expeditiously as possible. He granted the City was busy with the fires the past week, but questioned why the cottage was not moved within the first three (3) weeks after the City Commission decision. Mr. Porta asked when it will be moved. Mr. Ted MacLeod, Public Works Director, reported staff is in the process of surveying the site and getting costs for the move. He indicated he expects this information will be available to bring back for the first City Commission meeting in August. Problems at City Beach Approaches Ms. Laura Jones, 59 Amsden Road, reported two (2) problems at the Beach approaches: numerous car break ins (64 between the Ormond Beach City limits and the Flagler County line) and the approaches have become a location for prostitution. She asked for signs to be posted warning people not to leave valuables in their cars, and that the City Commission encourage Volusia County to help Ormond Beach with this problem. She indicated she will make this same plea to the Volusia County Council. Mayor Hood asked Chief Mathieson to contact Volusia County, deal with the aforementioned problems, and report back to the Commission. City Commission Decisions Mr. Don Bostrum, 274 Cumberland Avenue, Treasurer of the Ormond Beach Historical Trust, congratulated the City Commission for its decision to provide skateboarding without charge and to call off the fireworks for the Fourth of July. He requested the fireworks be rescheduled and made a part of the Historical Trust’s Fall Festival in the Casement’s Gardens to be held on October 3rd and 4th. Mayor Hood requested this be added to the agenda for the first meeting in August. Volusia County Growth Management Commission Mr. Gerald Brandon expressed appreciation to the City Commission for his reappointment to the Volusia County Growth Management Commission. He stated Ormond Beach is the only city to amend its Comprehensive Plan and have it approved on the first reading. Mr. Brandon distributed a booklet showing the County Charter and the organization that the Growth Management Commission follows and offered to answer any questions the City Commission may have. Greenbelt Mr. Gordon Currie, 1 Cypress View Trail, expressed appreciation to Mayor Hood for getting the Congressmen and Representatives’ support needed in the firestorm. He recommended an investigation be started regarding greenbelt policies, such as allowing clearing of underbrush to decrease the fire hazard. Fish Smoking Problem Ms. Tina Share, 1317 Overbrook Drive, speaking for over seventeen (17) of her neighbors, stated a neighbor at 1218 Parkside Drive cleans and smokes fish two (2) to four (4) times each week for hours, creating an extremely offensive odor, even though neighbors, police and City employees have asked him to stop. She read a letter which indicated the neighbors deem this practice to be a public nuisance, and this commercial quantity of fish processing should not be allowed in a residential area. Mayor Hood suggested the best way to handle these types of problems is through the City Manager, and if he and staff fail to appropriately deal with the problem, it can be brought before the City Commission. Ms. Share reported Code Enforcement has been called a minimum of four (4) times, the Police were called, and Mr. Miller has been called. Mayor Hood asked to have this placed on the agenda for next week. Item #7 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda.
Item #8(A) - Land Use Change Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(A). The motion carried unanimously. ORDINANCE NO. 98 - 14
Mayor Hood indicated the applicant has asked that this item to be withdrawn; therefore, no further action is required. Item #8(B) - Limited Agricultural Activities in the Suburban Residential Zoning District Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 20
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-20, on second reading, as read by title only.
Item #8(C) - Reducing Setback, Greenbelt Landscape and Buffer Requirements Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 21
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-21, on second reading, as read by title only.
Item #8(D) - Commercial Uses in the Suburban Residential Zoning District Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 22
Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-22, on second reading, as read by title only.
Item #8(E) - Deleting Unicom Designation by the Airport Manager Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 98 - 23
Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-23, on second reading, as read by title only.
Item #8(F) - Granting Tax Exemption Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 98 - 24
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-24, on second reading, as read by title only.
Item 9(A) - Construction of Skateboard Ramps ORDINANCE NO. 98 - 25
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-25, on first reading, as read by title only.
Item #9(B) - Traffic Citation Increase ORDINANCE NO. 98 - 26
Mr. Miller reported staff needs to do additional review of this issue and would like it to be continued. Commissioner Gillooly moved, seconded by Commissioner Persis, to continue Ordinance No. 98-26.
Item #9(C) - Adding Four Properties to List of Historic Landmarks ORDINANCE NO. 98 - 27
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-27, on first reading, as read by title only.
Item #9(D) - "Mallards Reach" Subdivision ORDINANCE NO. 98 - 28
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-28, on first reading, as read by title only.
Item #10(A) - Regulation of Community and Residential Homes RESOLUTION NO. 98 - 103
Commissioner Boyle asked for a short review on the status of this issue. Mr. Randal Hayes, City Attorney, reported that a resolution was proposed at the last meeting regarding the statute which preempts the ability to regulate community residential homes in any significant way. He stated a resident came forward with additional proposed federal legislation for the City Commission to consider, but it was determined additional time was needed for research of the legislation. Mr. Hayes explained this information is included in the agenda material, but not made a part of the Resolution. He stated if the Commission wishes this to be made a part of the Resolution, the Resolution can be amended. Commissioner Boyle requested that the people who spoke on the matter, the Tomasellos and the Browders, be supplied with this information and a copy of the Resolution. Mr. Hayes reported Representative Evelyn Lynn will be proposing changes in this legislation, and staff will be working with her on this matter. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-103, as read by title only.
Item #10(B) - "The Rivers" Property RESOLUTION NO. 98 - 120
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-120, as read by title only.
Item #11(A) - Granada/Bovard Streetscape Plan Mr. Kevin Denny, Acting Planning Director, advised that Mr. Kurt Easton, the consultant with Design Studios West, had stepped out of the auditorium momentarily; whereby, Mayor Hood continued with the next item on the agenda to afford Mr. Denny the opportunity to inform Mr. Easton it was time for his presentation. Item #11(B) - Lisa Lake Canal Maintenance Commissioner Boyle stated the late Fred S. Disselkoen, Jr., the former City Attorney, gave a legal opinion in 1996 regarding this drainage easement which indicated that the City had a right to maintain the easement, but not an obligation to do so. He asked if the current City Attorney was consulted in giving a legal opinion. Mr. Hayes stated he concurs with Mr. Disselkoen’s opinion, but he believe staff’s analysis is somewhat misconstrued. He explained that he believes Mr. Disselkoen was trying to convey that once an easement is obtained, there is no obligation to expand it beyond its original state, while the staff analysis indicates that there is no obligation to maintain it to its original state. Mr. Hayes stated whether or not the Commission exercises that obligation is somewhat discretionary. Mayor Hood asked for clarification and questioned why the City would be obligated to maintain the canal. Mr. Hayes explained there are legal obligations that go with an easement; however, how those obligations are exercised is somewhat discretionary and depends on whether the easement is being used for its intended purpose, and whether or not it is having an adverse effect on adjacent properties. He explained that to the extent the property owners are asking for dredging beyond the original easement depth, there is no obligation to do so, but the question of whether the City has the responsibility to maintain the easement to its original state is contingent on other issues, which is the question that ultimately needs to be answered. Commissioner Boyle related that no maintenance has been performed on this easement in 39 years. He asked staff to look into the issue of whether the silt buildup traps manatees. Commissioner Boyle stated the residents have reported flooding, but staff indicates there is no documentation of flooding which needs to be investigated. He expressed concern that staff deemed this a General Fund issue rather than a Stormwater Fund issue, and he questioned why. Commissioner Boyle concluded this is a bad situation which is worsening, yet the City is informing the residents it has no obligation at this time. Commissioner Persis questioned how many other canals within the City have similar situations. Mayor Hood asked Mr. Miller to confer with legal staff on this issue and provide a full opinion at the next meeting. Item #11(A) - Granada/Bovard Streetscape Plan Mr. Kevin Denny, Acting Planning Director, again introduced Mr. Kurt Easton, representing Design Studios West (DSW), who prepared the Streetscape Master Plan. Mr. Easton explained four (4) documents were submitted: a summary of the specific language recommended to be changed in the Land Development Code which would ultimately support the concepts in the Streetscape design; the Streetscape Plan itself with funding and phasing; a replacement to the existing Streetscape Plan, referencing the Land Development Code; and support documentation from Ghyabi Lassiter, a local traffic engineering firm. He advised Ghyabi Lassiter was consulted regarding storage lane capacity and level of service. Mr. Easton indicated it was proposed to take the recommendations pertaining to depth of lane storage and work it into the ultimate construction documents in conjunction with the requirements of the Department of Transportation (DOT). He reported Ghyabi Lassiter concluded that by introducing limited access type improvements, the roadway capacity would ultimately be increased by 1%. Commissioner Boyle asked if the increase in level of service would result from the removal of parking spaces; whereas, Mr. Easton replied that the increased traffic flow would be accomplished by limiting cross access, by introducing center medians, and by limiting friction on the side of the road. Mr. Easton stated the concept of the Streetscape was discussed in the previous workshops. He stated regarding the Land Development Code document, the recommendation pertaining to color was to mirror the information provided by staff which has been approved by the Planning Board. Mr. Easton explained the only change in the signage issue pertains to the length of amortization to come into compliance. He stated the most dramatic change is the introduction of different architectural styles, where four (4) elements are required and three (3) elements are optional, but these elements must be contained in the ultimate design for improvements to insure the most dramatic impact in terms of architectural integrity. Mr. Easton determined there is anxiousness in the general public to see physical improvements; therefore, phasing of the project was recommended which would include improvements east of the Halifax River to the oceanfront along Granada Boulevard. He recommended this be undertaken after staff reviews the traffic circulation problem at the Halifax/Granada intersection. He also recommended incorporating improvements along the entire corridor which would include gateway treatments at Orchard Street, A1A, and either side of the Granada Bridge. He stated these improvements are relatively inexpensive and can be done with limited disruption of traffic while providing a very dramatic physical improvement. Mr. Easton suggested mast arm siganalization that identifies off-street parking opportunities be installed because DSW believes adequate parking exists, but is underused due to people’s lack of awareness of it existence. Mr. Easton explained the Tax Increment Financing (TIF) will not be available until 2001, but DSW believes banks would be interested in providing interim financing under favorable terms. He stated the total estimated cost is $2.235 million, with the Phase I costs estimated at $1.4 million. Mayor Hood explained staff is asking the City Commission to direct staff to proceed with revisions to the Land Development Code, at which point in time the Commission can debate and vote upon the amendments as well as proceed with investigating the capital improvement proposals of the consultant concurrent with Mr. Powers’ recommendation. Commissioner Gillooly moved, seconded by Commissioner Persis, to approve the staff recommendations regarding proceeding with the revisions to the Land Development Code. Commissioner Boyle commended Design Studios West for a job well done; however, he expressed his concern that he does not envision a great benefit from the recommended Streetscape Plan. Commissioner Boyle indicated the downtown store owners need relief on some of the signage issues, but this Streetscape does not indicate a change in signage. He stated not all the inexpensive ideas have been explored to slow traffic down, and he is concerned the bulb outs may be hazardous to cars and pedestrians. Commissioner Boyle stated the bus stop problems and the right turn to access City Hall has not been addressed. He also expressed concern regarding parking and the cost for the Streetscape. Mayor Hood explained the motion is simply to refer this to staff to draft ordinances, and full discussion will be held regarding whether to continue or not. He stated he is in favor of the motion, not because he necessarily approves of the Streetscape, but to start the process of going through the Planning Board. Commissioner Irvin stated she favors this motion to afford a better opportunity to study the issue.
Item #11(C) - Environmental Advisory Board Commissioner Boyle moved, seconded by Commissioner Irvin, to reinstate the Environmental Advisory Board under the following guidelines: the Board should be established with a five (5) member board consisting of City residents with knowledge of, or interest in, environmental matters, with one (1) at large member appointed by the Mayor and four (4) members appointed by each Commissioner from their respective zones; appointments to be for three (3) year terms; and with meetings held monthly or on an as needed basis. The Board is to make recommendations on environmental issues, Land Development Code and Comprehensive Plan changes adopted over the past five (5) years, or environmental issues as tasked by the City Commission, Planning Board or Development Review Board. Commissioner Boyle expressed disagreement with staff’s recommendation regarding experts in different fields for this Board, indicating he prefers lay people on the Board, and obtaining expert testimony only if needed. He stated some issues the Environmental Advisory Board (EAB) could review are those that are generated by specific development projects, that which have no precedent in the Land Development Code, some Land Development Code issues such as the canal issued discussed earlier tonight, the Office Depot mitigation question, the annexation questions to the west on whether to relax certain development rules in order to facilitate annexation of these private lands into Ormond Beach so that it can better control the development of those lands, and an EAB could have assisted with the Southwest Interchange issue. Commissioner Gillooly moved to amend, seconded by Commissioner Persis, to change Commissioner Boyle’s recommended five (5) members to seven (7) members, with the two (2) additional members appointed by the Development Review Board and Planning Board. Mr. Miller expressed concern regarding protocol, in that there may be trouble unless the Environmental Advisory Board is tasked only by the City Commission. Commissioner Boyle indicated he would not favor Commissioner Gillooly’s amendment and is of the opinion the Environmental Advisory Board should be independent. Mr. Tom Lipps, Assistant to the City Manager, stated the City currently has boards which overlap in jurisdiction, and he indicated it does create problems among the boards where multiple boards deal with the same issue and come up with conflicting recommendations. He explained that one of the functions of the Planning Board is to prepare and recommend to the City Commission ordinances, land development regulations, and other proposals promoting orderly development in accordance with the Comprehensive Plan. He continued that any recommendations dealing with development review or the Land Development Code that might deal with environmental issues must go through the Planning Board, per the structure and the functions of this Board set by the Commission. He stated staff’s primary concern is to eliminate duplication among the boards in reviewing and preparing recommendations as quickly as possible. Mr. Lipps stated that when multiple boards with overlapping jurisdictions are created, there can be conflict among the boards which will slow down the processing. Commissioner Persis indicated the Environmental Advisory Board will be dealing with some issues that will ultimately come to the Planning Board and then to the City Commission with differing recommendations. Mayor Hood stated that the Planning Board, by rule and Charter, has the responsibility to deal with environmental issues. Commissioner Boyle asked Mr. Lipps if the Quality of Life Board, by ordinance, was tasked to deal with environmental matters; whereas, Mr. Lipps concurred this is true under certain circumstances. Commissioner Boyle asked if he advised the chairman of the Quality of Life Board, without the Mayor and Commission’s knowledge, to not deal with environmental issues because the Planning Board would handle it, to which Mr. Lipps concurred. Commissioner Boyle asked why the Office Depot issue of allowing the developer to mitigate the floodplain requirements by buying another parcel of land 800 feet away, providing what is essentially a borrow pit on that land for drainage, was directed to the Board of Adjustments and Appeals (BOAA). Mr. Denny advised that this was the procedure to be followed by Code. Commissioner Boyle asked if the Planning Board ever saw that issue; whereby, Mr. Denny explained the Planning Board set up the Code that the Commission approved regarding the process to send to the BOAA. Mayor Hood stated that if the Planning Board thinks this is not an appropriate situation, they can change it. Commissioner Boyle pointed out there are a number of things that "fall through the cracks," and indicated he is not as afraid of a little bit of overlap as he is afraid environmental issues are not dealt with by any board. Mayor Hood stated if the Commission’s concern is that these things have not been done thoroughly and properly in the past, the Planning Board should be directed to be more proactive in that regard, but he stated he is completely opposed to creating yet another board with duplicate authority when the City already has a board to take care of these concerns. Commissioner Boyle asked who will advise the Commission on whether to relax its rules to annex property in order to obtain better control; whereby, Mr. Denny replied that the Commission could direct that question to the Planning Board, as they can address any growth management issues the Commission would like them to investigate. Mayor Hood agreed the Planning Board is the vehicle to give recommendations on that issue. Commissioner Persis asked if the same information would go to the Environmental Board and Planning Board, and Mr. Denny replied the Planning Board would receive the same information as the EAB. Commissioner Persis explained while he does not want to relax any environmental codes, he favors tightening up or fixing whatever currently exists rather than creating another board, if the new board is not going to really have a functional purpose. Mayor Hood agreed with Commissioner Persis that there is no need to create a new board, but to give better direction to the Planning Board. He explained that the reason the prior Environmental Advisory Board was eliminated was because it took four (4) to five (5) months to run an item through the process, and efforts were being duplicated.
Commissioner Irvin stated the vote was very confusing; whereby, Commissioner Boyle asked if the vote could be called over. Mr. Randal Hayes, City Attorney, indicated the proper procedure would be to make a motion to reconsider. Commissioner Irvin moved, seconded by Commissioner Gillooly, to reconsider this issue.
Item #11(D) Permit Placard Posting Commissioner Gillooly asked to have this item withdrawn because it would be better discussed with the other Code revisions that are being examined by staff to be brought before the City Commission at a later date. Item #12 - Audience Comments On Agenda Items Support for Firefighters Ms. Mary Peine-LeMay, 60 Cumberland Avenue, distributed blue ribbons to the Commission to show support for the firefighters. She stated the news media had encouraged citizens to wear the blue ribbons in support of the firefighting team. Ms. Peine-LeMay advised she had received a call from Lieutenant Governor Buddy McKay on Thursday informing her that the Florida National Guard was being trained to come to assist in the firefighting efforts in Ormond Beach. Item #13 - Reports, Suggestions, Requests Backflow Preventors Commissioner Boyle explained Ormond Beach is currently installing backflow preventors on the water meters on the beachside. He stated the installers came unannounced to his home, and the clearing of the lines caused a plumbing problem which necessitated a $50 service call by a plumber. Commissioner Boyle stated that when the backflow preventor is added, another $50 item needs to be installed to adapt the hot water heater, which also must be installed by a plumber. Commissioner Boyle indicted a door hanger was left with a phone number "676" with the last four (4) numbers crossed out and no others in their place. He stated if his experience is typical of what homeowners are facing, he recommended preparing the residents better regarding the added expenses and improving communications. USAL Lease Agreement Commissioner Boyle asked Mr. Fred Baughman, Economic Development Director, if the City is in possession of the original lease agreement; whereas, Mr. Baughman replied the City is in possession of the fax signature page and the original is being sent. Commissioner Boyle asked if this was normal procedure 100 days after the Commission signed off on the agreement, or if this is a problem. Mr. Baughman stated he does not see this as a problem because all the required documents have been received, such as the letter of credit and the check for the deposit. He stated Mr. Wüllenkemper will be coming to Ormond Beach where a formal signing will occur, but there has been a slight delay with the Federal Aviation Administration regarding their reconsidering the height of the hangar, thus delaying their site preparations. Commissioner Boyle asked if USAL is a registered Florida Corporation at this time. Mr. Baughman stated he believes they are, but will investigate this. He stated a certain number of days was given to obtain the registration in order to change their structure for tax reasons. Airport Advisory Board Commissioner Boyle stated at the last meeting the possible establishment of an Airport Advisory Board was discussed and tabled to this meeting, yet it was not placed on the agenda due to the need for a new staff report. He questioned the status of this issue. Mr. Miller indicated he wants to provide addition input on this issue, but he has not had the opportunity to gather this information to date. Firefighters’ Efforts Commissioner Irvin commended Mrs. High for her heartwarming idea of a statue to commemorate the efforts of the firefighters and police. She expressed her appreciation for Mrs. High’s interest, support and concern and encouraged her to continue in the future. Commissioner Gillooly echoed Commissioner Irvin’s support of some kind of a memorial to the firefighters. He recommended a line be engraved at the base of a memorial, "Never have so few done so much for so many." Commissioner Persis expressed heartfelt thanks to every firefighter and asked the firefighters in attendance to stand to be acknowledged. He stated he was very proud of Ormond Beach. Commissioner Persis commended Chief Baker, Chief Mathieson, and Eugene Miller. He stated officials gave the news to the media around the clock, taking time and planning. Commissioner Persis thanked the people at Houligan’s Irish Sports Bar, BodeZ By Tasso and many other businesses, and also the citizens of Ormond Beach for all they did for this effort. He stated he was inspired by the efforts of the firefighters. Mr. Miller indicated his pride in the entire City staff during the past few days. He stated the firefighters displayed to Ormond Beach and the nation the excellent job of which they are capable. Mr. Miller stated the training of the emergency preparedness team was displayed during this crisis. Mr. Hayes and Mayor Hood echoed the prior comments. Item #14 - Close The Meeting The meeting was adjourned at 8:55 PM. |
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