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AUGUST 11, 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 Mayor Hood offered a moment of silent prayer for those killed in the embassy bombings. 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 July 7, 1998, and July 14, 1998, meetings 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) - Presentation of Plaque to Richard Truitt Mayor Hood presented a plaque of appreciation to Richard Truitt for his service on the Development Review Board from April 4, 1995, to June 11, 1998, and the previous Beautification Board from January 8, 1974, to April 4, 1995. Item #5(B) - Presentation of Plaque to Cristina C. Favis This item was postponed. Item #5(C) - Presentation of Employee-of-the-Quarter Award Mr. Eugene Miller stated Mr. Marty Hayes was chosen as the Employee-of-the-Quarter. He has been employed as Foreman in the Maintenance Section of the Wastewater Collection and Reuse System Section. Mr. Miller explained Mr. Hayes has been with the City of Ormond Beach for 14 years and a major part of his responsibility is to maintain the West Ormond Sewer and Irrigation System. He stated during the critical time of the recent firestorm, Mr. Hayes was able to maintain the water supply which aided in documenting his competency. Mayor Hood presented the Employee-of-the-Quarter plaque to Marty Hayes, along with a watch and a second plaque with his name engraved on it to hang in City Hall. He expressed his appreciation for being a first class employee. Item #6 - Audience Remarks Greenbelt Issue Mr. Gordon Currie, 1 Cypress View Trail, stated he previously addressed the issue of underbrush in the Greenbelt along Clyde Morris Boulevard and other main arteries in the City of Ormond Beach. He submitted two (2) News-Journal articles relative to his comments on this issue. Mr. Currie requested action be taken to clean up this area. Dogs in Fortunato Park Mr. Currie commended the City for a job well done in connecting Fortunato Park with Rockefeller Gardens Park. He explained his concern regarding dogs in the park even though there are signs prohibiting dogs in the park and on the underpass. He stated this park is no longer family oriented, but a passive park. Candidates’ Forum Mr. Jim Privett, 215 Grove Street, acting as Interim President of Citizens for Ormond Beach, requested use of the City Commission Chambers on October 13, 1998, to hold a candidates’ forum. Mayor Hood asked Mr. Miller to assist Mr. Privett in this regard. Division Avenue Repaving Ms. Vivian Sexton, 8 Park Place, stated she recently attended a meeting regarding Division Avenue repaving. She stated another meeting was to be held, but she was not aware if this meeting had occurred or not. Ms. Sexton stated this meeting was not very informative and asked why the City is spending money to repave Division Street where no one is living, if there is no plan to open it up. Ms. Judy Sloane, City Engineer, explained the first meeting was to inform citizens that the Division Avenue roadway connection between Old Kings Road and Center Street is being planned. She explained that the next meeting is scheduled for August 25, 1998, at 6:00 p.m. and notices will be sent this week. Ms. Sloane explained this road has been earmarked to be paved in the Comprehensive Plan for about 10 years. She stated the roadway is to be paved for the transportation aspect, not as a destination to Central Park. Commissioner Persis stated he attended the meeting in question and learned a great deal. He stated there were many opportunities for questions where all questions raised were answered fully by staff and consultants. Commissioner Persis commended staff for their good work. Condemned Signs Mr. Jim Powers, 3 Santa Lucia, commended staff for their handling of the seven (7) condemned signs and encouraged staff to continue its course regarding these non-conforming signs. Downsized City Personnel Mr. Powers stated that though City personnel has been downsized, the remaining staff needs to be the best and most dedicated to the community. Goldy Property Ms. Mercedes McCallen, 40 Longfellow Circle, commended the City for its actions to the inquiry about the St. John's River Water Management District (SJRWMD) permit #4-127-0238AGM on July 14th. She stated Mr. Glenn Sweeney’s, Grants Coordinator, correspondence resulted in a prompt written response from Mr. Bunton, Land Acquisition Director for SJRWMD informing the City that the FDOT’s $300,000 mitigation funds were absorbed in the purchase of the Consolidated Tomoka Land Company transaction. She stated that although the Citizens for Ormond Beach recognizes the significance of the Consolidated Tomoka purchase, it is not believed that this action satisfies the public’s expectation that the mitigation funds be used to purchase land in the Tomoka River Estuary. Ms. McCallen stated that the Goldy property is for sale and the addition of this property to the Florida Park Service will complete the St. John’s Island/Rivers corridor. The Citizens for Ormond Beach suggests that Ormond Beach investigate sources of matching funds from SJRWMD to facilitate the purchase by the Florida Communities Trust and fulfill the conditions under the permit. Mayor Hood asked Mr. Miller to follow up on this issue. Presentations Mr. Bob Coleman, 28 Iroquois Trail, representing Florida, Power and Light (FP&L), stated that during the recent fires they had over 10,000 man-hours of construction without a single injury and were able to restore service to residents in a timely manner. He stated FP&L employees were able to get where they needed to be and were able to work safely because Police Officers were able to keep people out of the way in order for them to get the job done. Mr. Coleman presented to Eugene Miller, City Manager, a plaque on behalf of FP&L’s employees and customers. The plaque expressed appreciation for Mr. Miller’s tremendous support and assistance during the firestorm of 1998. Mayor Hood stated he was impressed by FP&L in that they were out in force at 6:30 a.m. on the first day after the major fires. He commended FP&L for their quick and efficient work during the firestorm. Mr. Clark Christianson, on behalf of the Board of Directors of the Chamber of Commerce, presented Mr. Miller a Resolution recognizing the great job he did during the firestorm. He expressed the Chamber’s support and appreciation to Mr. Miller, City officials, and the staff of the City of Ormond Beach for the outstanding efforts put forth in protecting Ormond Beach from the fires of 1998. 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 asked that items number 7(G) and 7(I) be discussed separately. Commissioner Gillooly moved, seconded by Commissioner Boyle, for approval of the Consent Agenda minus items 7(G) and 7(I).
Item #7(G ) - Minimum Requirements for Bonds and Insurance & Leases RESOLUTION. 98 - 132
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-132, as read by title only. Commissioner Boyle questioned the rental rate for The Casements. He explained the cost is $700 for the rent, $250 for possible damages to be building, $100 for possible damages to the piano, and a requirement to purchase liability insurance for guests. Commissioner Boyle stated this Resolution now establishes a sliding scale where for 150 or more guests, the City would charge $135 for insurance. He stated the Director has informed him that there have been numerous rental inquiries recently where no commitment was made due to the costs. Commissioner Boyle asked if the insurance could be incorporated into the fee and questioned why the fees were so high. Mr. Alan Burton, Leisure Services Director, explained the charges are approved by the City Commission, and the insurance costs are to cover the City for liability. Mr. Randal Hayes, City Attorney, stated the insurance rates are established by HRH, the City’s insurance carrier, which may change in time.
Item #7(I) - Sale of an Unnumbered Lot at the Airport Business Park RESOLUTION. 98 - 134
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-134, as read by title only. Commissioner Boyle asked if St. John's River Water Management District (SJRWMD) has approved permitting of this lot; whereby, Kevin Denny, Acting Planning Director, indicated SJRWMD has approved permitting. He asked if there was any board review by any of the three (3) boards tasked with environmental jurisdiction. Mr. Denny stated this is a permitted use by right and fits all requirements of the Code; therefore, no review is needed. Commissioner Boyle asked if the City has a practice of paying for fill when the City develops a lot, or allows it to be developed, at the Business Park. Mr. Baughman concurred that this has been the standard practice for lots purchased at the Business Park. Commissioner Boyle expressed his appreciation to Attorney Jim Morris who previously answered some of his questions and gave information regarding this project.
Mayor Hood explained he abstained because he represents CAPO, Inc. Item #8(A) - Construction of Skateboard Ramps Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously. ORDINANCE NO. 98 - 25
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-25, on second reading, as read by title only.
Item #8(B) - Adding Four Properties to the List of Historic Landmarks Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 27
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-27, on second reading, as read by title only.
Item #8(C) - "Mallards Reach" Subdivision Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 28
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-28, on second reading, as read by title only.
Item #8(D) - "Indian Springs" Subdivision Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 29
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-29, on second reading, as read by title only.
Item #8(E) - Environmental Advisory Board Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 98 - 30
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-30, on second reading, as read by title only. Commissioner Gillooly moved to amend the motion, seconded by Commissioner Boyle, to signify that all appointments be made by October 1, 1998, and clarified that while the Development Review Board and the Planning Board may appoint a member to the Environmental Advisory Board from within its membership, this appointment does not necessarily have to be from among their membership, but any Ormond Beach resident may be appointed by them. Commissioner Gillooly recommended consultants be brought in when necessary from outside the City of Ormond Beach.
Item #8(F) - Rezone 425 Pine Road Mr. Richard Marshall, 425 Pine Road, stated the structure in question was built in 1949 as a duplex and meets all criteria duplexes must meet, but is currently designated Single-Family. He explained he is requesting this rezoning because he wishes to add a bedroom, and not convert it into an Assisted Living Facility as was proposed at the July Planning Board meeting. Mr. Marshall stated the density and traffic would not increase since there has been a duplex on the site since 1949. Mr. David Luviten, 411 Riverside Drive, expressed concern as a senior citizen regarding what negative changes would occur if the rezoning were allowed. Mayor Hood agrees the site has been an actual operating duplex for 50 years and the rezoning would have no real impact on the property. The rezoning would only recognize what has been reality for 50 years. Mr. Denny stated that the one point the Planning Board did object to is that a triplex would be able to be built on this parcel if the zoning were changed and there was enough room. Commissioner Boyle asked why change the zoning if it was functioning under this rule for 50 years. He pointed out a number of area residents objected vigorously to this rule change. Mayor Hood explained that the reason this rule change is sought is to add a bedroom which is not permitted under the Single-Family designation. Mr. Denny stated it cannot expand under the current zoning. Commissioner Irvin expressed her concern of overcrowding and indicated there are places available to accommodate larger families and there is no need to change the zoning designation in this area. Mr. Denny explained that this change is consistent with the Comprehensive Plan in that it anticipates this area being designated Duplex, Triplex and Townhomes for up to six (6) units per acre. He stated there is zoning for Single-Family and Duplex in the same land use and the entire area was viewed as Duplex or higher in the Comprehensive Plan. Commissioner Irvin pointed out that the Planning Board recommended denial and she agrees. Mr. Marshall stated half the street is zoned and is functioning as duplex. He repeated there will be no additional impact and there is no room on the property for further expansion. Mr. Marshall explained he purchased this property as an investment, as a duplex, and if there were some catastrophic loss, he would be unable to rebuild a duplex due to the current zoning. Mayor Hood pointed out the map indicates this property is surrounded by duplexes currently in existence. Commissioner Boyle stated that in this entire area there has been a tremendous effort to convert the former duplexes into single homes. Mr. Denny stated he is unaware of this. Ms. Alice Henry, 193 Bosarvey Drive, stated that she has an illegal duplex next to her house and would object to having it being zoned for duplexes, even though it is operating as a duplex. Mayor Hood stated she does not live in this neighborhood. Ms. Henry reported that she was speaking in general terms. Commissioner Boyle moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 98 - 31
Mayor Hood passed the gavel to Vice-Mayor Gillooly to make a motion. Mayor Hood moved for approval of Ordinance No. 98-31, on first reading, as read by title only. The motion died for lack of a second. Item #9(A) - Traffic Citation Increase ORDINANCE NO. 98 - 26
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-26 on first reading, as read by title only.
Item #9(B) - Recreational Vehicles and Boats ORDINANCE NO. 98 - 32
Mayor Hood passed the gavel to Vice-Mayor Gillooly to make a motion. Mayor Hood moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-32 on first reading, as read by title only. Commissioner Boyle stated he seconded the motion, on which he supports two (2) out of the three (3) provisions, for the purpose of discussion. Ms. Nancy Holman, owner of the property at 93 Diane Drive, indicated her neighbor has a recreational vehicle (RV) parked three (3) feet from her home and 95 or more feet from the owner’s home because he owns a vacant lot. She stated this problem had been brought before the Code Enforcement Board in October, 1997, and has still not been resolved. Ms. Holman showed pictures of this unstable and unsightly RV with a bamboo fence erected which falls down and is not in good condition. She stated this RV is for sale and people come to her house, thinking they are the owners, which is a safety issue. Ms. Holman stated the RV is probably 12 feet high. Ms. Holman opposes the height increase, but if it is approved, she proposes an amendment be included that the RV must be within 20 feet of the owner’s house. Commissioner Boyle indicated that a provision in the proposed ordinance addresses this problem stating that any RV must be closer to the owner’s house than to his neighbors’ house. Ms. Anne Roy, 17 Pine Valley Circle, stated that if people can afford to buy an RV, they should be able to afford to store them. She noted property values suffer when RVs are parked in residential neighborhoods. Ms. Roy asked the Commission to consider banning boats and RVs from being parking in residential areas. Ms. Louise Shrader, 612 Hand Avenue, stated there is a need to keep your RV close to your home because it isn’t used as often when in storage, and if not used on a regular basis, they tend to deteriorate quickly. She noted that if RV owners stay in compliance with codes and consider their neighbors, RVs should continue to be allowed to be parked on the owner’s property. Ms. Leigh Dunkel, 94 Ormond Parkway, described the RV as a mobile home in that they have all the elements of a home and some people live in them for extended periods; therefore, she does not consider a residential area suitable to have these kinds of large vehicles parked. She pointed out that most homeowners associations do not allow these vehicles. Ms. Dunkel stated the current Code allows 48 hours for an RV to be parked in a driveway, which is adequate. Commissioner Gillooly corrected her that a visitor can park seven (7) days under the present Code. Mr. Lloyd Pottle, 935 Parkwood Drive, explained he has a 30 foot by 10 foot motor home, but has an air conditioner that extends 11 inches higher, which makes him non-compliant. He stated he built a fence as required, but finds he cannot meet Code due to the air conditioning unit. Mr. Pottle took a poll of his neighbors and none have complained and he opposes arbitrary rules governing all motor homes. Mr. Don Ellis, 435 Hand Avenue, reported he has a 100 foot by 6 foot stockade fence screening his RV with no problem. He complained that since one person had a problem, all RV owners are under scrutiny. Mr. Bruce Card, 182 Rosewood, stated he owns a 26 foot RV which is under 10 feet. He stated while his RV was in storage, damage was done to it and he now parks it on his property. He stated he met all of Ormond Beach’s requirements for fencing, etc., and none of his neighbors have a problem with his RV. Ms. Elizabeth Wilhelm, 12 Edgewood Way, explained there is a problem caused by the City in that the Code Enforcement officers cited everyone whether in compliance with Codes or not, which only aggravated people. She expressed her opposition to allowing the height to exceed the present Code’s 10 foot ruling. Ms. Wilhelm stated 32 people contacted her and agreed the Code should not allow RVs over 10 feet in height. Mayor Hood stated the City has not cited anyone who was not in violation of the ordinance. Mr. Ted MacLeod, Public Works Director, stated the City’s intention was to cite anyone with an RV over 10 feet, but there may have been cases where it was close and if anyone called and indicated they were cited improperly, Code Enforcement went out to measure to determine if it was or was not cited improperly. Ms. Joan Ellis, stated that just because someone owns an RV does not necessarily mean they have a lot of money to spend on storage. She indicated at last week’s meeting a gentleman stated they stopped making 10 foot motor homes in the mid-seventies. Ms. Ellis stated her RV is a little over the 10 foot limit and she does not understand how this would cause problems. Irene and Edwin Cooney, 6 Alexander Court, stated they were cited and they do not have an RV. He stated their neighbor owns a 37½ foot by 11½ foot RV which is parked outside their window. Ms. Cooney stated that out of the 49 people cited, 27 should not have been cited. She asked why no one from Code Enforcement attended the Planning Board meeting when this issue was discussed. Ms. Cooney replied a City Hall employee stated "you get a lot of people at a meeting to make a lot of noise, thereby, you intimidate the Board to vote your way." She stated the Commission was elected to work for all the citizens, not just the few who "make noise." Ms. Cooney agrees with the Planning Board’s recommendation that a vehicle can only be parked on the side setback after allowing for the restricted setback. Ms. Cooney suggested the length of the vehicles allowed be put to a vote of all the citizens of Ormond Beach. She stated there are five (5) storage facilities available in the vicinity with a range of fees from $20 to $34 per month which should be well within the budget of anyone who can afford the original outlay of the large motor homes. Commissioner Gillooly expressed his appreciation to Mr. and Ms. Cooney for the work they have done in bringing this to the Commission’s attention, but stated he resents any accusation that he is intimidated by a mob and denied it emphatically. Ms. Dolores Weschler, 99 Royal Dunes Boulevard, stated she owns a 30 foot motor home that cannot be seen by the road. She stated she owns an acre of land, pays high taxes and her neighbors have not complained; therefore, she questioned why does anyone else have the right to complain about the motor home. Mr. Ira Goldberg, 3 Alexander Court, stated he went to City Hall when he move to Ormond Beach and asked for the regulations regarding RVs and has complied with Codes except for the extension of the air conditioner. He stated another reason to keep the motor homes close is because there is a lot of expensive equipment stored inside. Mr. Goldberg advocates raising the height limit to 12 feet. Ms. Rita Press, 875 Wilmette Avenue, explained that although she is on the Planning Board, she is speaking for herself, not as a Planning Board member. She indicated she voted to reject Ordinance No. 98-32 because it does not correct the problem, only compounds it. Ms. Press stated that while motor homes are growing larger, the residential sites remain the same. She stated these motor homes are 12 feet high by 30 to 40 feet long, similar to the single-wide mobile home. Ms. Press stated motor homes are self-contained units and some serve as residences. She stated it is not fair to have these large motor homes parked in residential neighborhoods and strongly urged the Commission to vote "No" on Ordinance No. 98-32. Mr. Joe Greblunas, 209 Arlington Way, explained that although there are five (5) storage areas in the Ormond Beach area, it is difficult finding space since they fill up rapidly. He stated most bridges are 11 feet 7 inches in height; therefore, not allowing the motor homes to pass under. Mr. MacLeod pointed out that the 49 citations that were given for all violations, not height violations alone, and there was no intention by staff to incite anyone or to falsely issue citations. Mr. Ed Clemens, 305 Fir Street, clarified that bridges have to be over 13 feet in height. He stated that people falsely believe you have to be wealthy to own a motor home, but contends he is making payments on his RV, and he is not wealthy. Mr. Clemens indicated he believes if a homeowner has room on his property to store an RV, he should legally be able to do so. Commissioner Boyle stated he attended the Planning Board meetings where this was discussed and there was a very sincere effort to strike a balance. He stated in the past Ormond Beach has allowed RVs to be stored on the homeowners’ property unless homeowners associations’ rules prohibit it and it would be unfair to pass new law that would make these people non-compliant. Commissioner Boyle explained the task is to insure that what has existed can be preserved, yet avoid RVs now being stored, brought back into neighborhoods or having new RVs that are being purchased brought into neighborhoods. He stated he agrees with two (2) portions of staff’s recommendations: to reduce screening from 50% to 75% and the proximity rule stating the RV must be closer to your own home than your neighbors. Commissioner Boyle recommended changing the 12 foot height limitation, recommended by staff, to 11 feet. He reasoned that there are a large number of RVs that do not meet the present 10 foot limitation by only a few inches and the City does not have a large number of personnel in Code Enforcement to enforce these Codes. Commissioner Boyle moved, seconded by Commissioner Irvin, to amend Ordinance No. 98-32 by changing the 12 foot height limitation to 11 feet. Commissioner Gillooly recommended the 11 foot height be allowed only if the extra foot is for an air conditioner, not for the chassis itself. He stated the Planning Board did not take into account motor home lengths. Commissioner Gillooly indicated the staff recommendation regarding parking at a residence for a 48 continuous hour period is unenforceable and recommended indicating 48 total hours over a 30 day period. Mr. Kevin Denny, Acting Planning Director, stated this rule is meant to disallow repairs for four (4) to five (5) days at a time, which is enforceable. Commissioner Gillooly asked staff to look at the issue of parking at a residence for 48 continuous hours and the proximity rule where eight (8) foot setbacks are concerned. Commissioner Persis agrees the present motor home vehicle owners should not be penalized, but he does not want more of what now exists; therefore, he recommended this go back to the Planning Board. He suggested separating motor home legislation from boat storage legislation. Commissioner Persis agrees the setback issue needs to be addressed and a proper ordinance for existing vehicles and preventing motor vehicles from being allowed at all in the future in a residential area. Commissioner Persis moved, seconded by Commissioner Irvin, to refer this item back to the Planning Board for further discussion. Commissioner Boyle stated this has been to the Planning Board twice and the people who came here this evening came with the understanding that there would be some sort of resolution; therefore, he opposes sending this back to the Planning Board. Commissioner Irvin stated that while she would like resolution to this issue, there are too many areas of concern. She stated the fact that some people are living in these motor homes was not considered.
Mr. Denny stated that there is Code Enforcement action pending. Commissioner Persis stated that there was an agreement that there was a moratorium on enforcement until the issue was settled by the Commission. Item #10(A) - Pay and Classification Plan for Police Department Positions RESOLUTION NO. 98 - 136
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-136, as read by title only.
Item #10(B) - Emmons Cottage RESOLUTION NO. 98 - 137
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-137, as read by title only. Commissioner Gillooly stated the complaints came shortly after the Cottage was moved, but since that time, it has been greatly improved and he questions if there is still objection in the community to the Cottage. He also would like to hear St. James Church’s position regarding the move. Commissioner Gillooly moved, seconded by Commissioner Boyle, to continue this item to September 1, 1998. Commissioner Boyle stated when the Commission voted to move the Cottage, the Cottage had not been improved and the cost of the move was unknown. He reported most of the people he has talked to in Zone 1 are satisfied with its present location, yet it is possible some Zone 2 residents may still be unhappy with its location. Commissioner Boyle stated that if the Cottage is to remain, a small fraction of the $12,000 cost of the move could be spent to further screen and landscape, which may satisfy the people who originally objected to its location.
Mayor Hood asked staff to be very thorough in advising people in the neighborhood of this meeting. Item #11(A) - Lisa Lake Canal Maintenance Commissioner Boyle clarified a point regarding the manatee issue as reported in the staff report as a water quality issue, but his concern was regarding the silting accumulation where the manatee swim in and get trapped at low tide. He stated the staff report stated the City has no responsibility to increase the original depth, but it does have the responsibility to maintain the depth. Commissioner Boyle reported staff indicated they have no documentation of flooding, but the residents maintain there has been flooding in recent years. He stated that if flooding has occurred, the City does have a responsibility. Commissioner Persis questioned why staff is recommending placing grate inlet boxes without first cleaning out the canal. Mr. Miller stated the reason the boxes are recommended is to prevent further deterioration and further contamination of the waters. Commissioner Boyle moved, seconded by Commissioner Irvin, to place grate inlet boxes in the Lisa Lake Canal. Commissioner Persis asked if the boxes would be placed at this site only, or if others are planned. Ms. Judy Sloane, City Engineer, explained the grant received by the Department of Environmental Protection (DEP) requires a certain number of these boxes be placed and this would be one portion towards meeting that grant requirement. She stated some of the projects not listed in the Stormwater Master Plan will be retrofitted with these boxes up to the amount provided by the grant. Commissioner Gillooly asked the effectiveness of the boxes at this point in the Lisa Lake Canal. Ms. Sloane stated the boxes will keep any more siltation from reaching it and it will collect the silt, leaves and debris.
Item #11(B)(1) - Powers Traffic Study No motion was made to approve the Powers Traffic Study. Item #11(B)(2) - Design Studios West Granada Streetscape Plan Commissioner Boyle moved, seconded by Commissioner Irvin, to continue this item. Commissioner Boyle explained a delay may build more consensus in the public as well as on the City Commission. Ms. Maureen France, representing Ormond Main Street, Inc. (Main Street), stated that last week a delay was discussed because they did not have all the information, but since that time it has been determined Main Street agrees with the staff report recommendation to authorize the issuance of a Request for Proposal (RFP) relative to the design and permitting of Phase I of the Streetscape Master Plan as proposed by Design Studios West. The Main Street organization would like to see the plan move forward because the public may be getting weary of the study and planning process. Ms. France indicated the second phase would merit more discussion. Commissioner Boyle withdrew his motion. Commissioner Gillooly moved, seconded by Commissioner Persis, to approve the staff recommendation to authorize the issuance of a Request for Proposal (RFP) relative to the design and permitting of Phase I of the Streetscape Master Plan as proposed by Design Studios West. Commissioner Boyle expressed his opposition to this motion because he perceives it to be "style before substance" and because of the $2.35 million cost. He stated there is no relief for the pedestrian problem in the downtown, there is no lowering of the speed limits, there is no strong public mandate, and the downtown is being revitalized. He stated there are smaller, less costly things that can be done to revitalize the downtown more effectively. Commissioner Boyle reported this plan does not address the Votran problem where the bus makes stops and ties up traffic which has been a contributing factor in accidents. He stated the increased capacity would only be 1% and A1A is planning a streetscape program where grant money will be solicited. Commissioner Boyle registered his concern regarding whether there would be sufficient grant funds available. He stated he favors improvements on New Britain and common public parking behind the businesses on Granada Boulevard. Commissioner Boyle reported he received a letter from a constituent who owns a great deal of property in the downtown area who believes the money would be better spent on sidewalks between Granada Boulevard and Division Street. Commissioner Irvin stated $2 million is a lot of money to spend to beautify an area. She stated she visualizes improvements to attract thriving business such as specialty shops, pedestrian friendly streets and walkways, and improvements that will retain the historic character of the downtown. Commissioner Irvin favors a downtown that would create a clear identity of the downtown with welcome centers, improvements that take greater advantage of the Halifax River, and improvements that not only reduce poverty and slums, but also work to eliminate them. Ms. France stated that bringing pedestrians to the downtown will armor the community and she does not think the present economic vitality will be enough. She stated this plan is not purely aesthetics, but a plan to improve pedestrian involvement. Ms. France expressed her opinion that she is confident Ormond Beach would receive grant funding. She stated there are a list of components in the plan that everyone could agree on and believes these should be moved forward rather than waiting. Kevin Denny, Acting Planning Director, stated that from a staff perspective, this is more substance than just style in that the majority of the recommendations relate to access management and pedestrian features. He stated the Votran issue will be addressed in the Phase II portion and announced that Votran is now performing a rider study to determine what options are available. Mayor Hood asked if this would be financed through the Tax Increment Financing (TIF) fund. Mr. Denny replied that when the TIF has been retired in 2001, it will pay for the loan and the bond. Mayor Hood explained that the reality is that other than the advance, the Granada Corridor is paying for this improvement as opposed to the General Fund. Commissioner Boyle stated he feels before the City starts this process, the main complaints need to be remedied. He expressed opposition to the bulb-outs for safety reasons. Commissioner Boyle explained many of the businesses are basically "niche business" who survive on a week to week, month to month, or year to year basis and during the time the streetscape is being built, the construction may cause some businesses to fail. Ms. France described how the TIF receives its funding in that it allows money to be taken off the top of the taxes already paid and freezes tax assessed values at a certain year, and for any increase in valuation that was garnered, the taxes generated off of that increment are put into a fund to be used for redevelopment projects in this district; therefore, it will not have any increased taxing effect on any business. Commissioner Boyle stated that the City would incur $20,000 to $30,000 in maintenance expenses on a recurring basis. Ms. France stated these items can be addressed at a later date and changes can be made in the plans concerning Commissioner Boyle’s and Commissioner Irvin’s concerns, but she does not anticipate any danger in moving forward with Phase I. Commissioner Persis reported Mr. Powers brought out some very good points in his research and recommended these be considered when making the final plans. Mr. Miller recommended allowing staff to determine the number of firms who will make a proposal for Phase I. He stated numerous studies have occurred and he believes it is now time to step forward and implement the policy. Commissioner Persis moved, seconded by Commissioner Irvin, to approve staff’s recommendation to issue an RFP relative to the design and permitting of Phase I of the Streetscape Master Plan as proposed by Design Studios West.
Mayor Hood stated that he will vote "yes" now, but he has serious reservations regarding the wisdom of spending the recommended funds for landscaping because it cannot generate a benefit to justify the expense and will have to be convinced before he will approve further advancement of the project. Commissioner Gillooly agreed with Mayor Hood that he also will have to be persuaded to approve the next stage as he also has reservations. Item #11(C) - Illegal Activity at Beach Approaches Commissioner Boyle asked Chief Mathieson if Ormond Beach officers may patrol on these approaches even though the land is technically under Volusia County jurisdiction. Chief Larry Mathieson reported Volusia County and Ormond Beach has mutual aid and Ormond Beach will be working with Volusia County. Commissioner Persis asked if there was a reason the Standish approach was not mentioned in the report. Chief Mathieson replied it was not mentioned in the complaint, but will be added. Ms. Laura Jones, 59 Amsden Road, expressed appreciation for all who assisted in resolving this problem so promptly. Ms. Jones stated the report stated there was a discrepancy in the count of incidents. She stated on July 7, 1998, she gave a figure of 64 incidents, but no period of time was specified the 64 incidents covered. Ms. Jones stated this figure was for a 12-month period, but the figures are not important. She asked if there were plans for camera surveillance at any of the approaches. Mayor Hood and Chief Mathieson agree there is no plans for cameras at this point. Chief Mathieson stated according to the records there have been 11 incidents since January and Ormond Beach will work jointly with Volusia County. Item #11(D) - Fish Smoking at 1218 Parkside Drive Mr. Ray Dunnigan, 1318 Overbrook Drive, a resident of Ormond Beach for 19 years, referred to the City Manager Memorandum of August 6, 1998, which indicated the Police Department has attempted to mediate the dispute and that the person causing the problem has agreed to limit the smoking to every other weekend. Mr. Dunnigan indicted that the report went on to state that most of the neighbors contacted indicated this option satisfactorily addresses their concern. He asked the definition of "most," especially since he is aware of 18 to 20 neighbors who have indicated they want this matter stopped, not mediated or compromised, and they have so indicated by signing a petition. Mr. Dunnigan reported the smoking is still occurring on a weekly basis. He reported the recommended approach to resolve this matter is to mediate a reduction in the times the fish is smoked, which is unacceptable. Mr. Dunnigan stated that if an ordinance needs to be adopted, he asked it be done to stop this practice. Ms. Tina Share, 1317 Overbrook Drive, presented a petition for an odor ordinance to seek protection from offensive odors. She explained, due to inaccuracies in the August 6, 1998, memo, she is resubmitting all the names and stressed that no one wishes to consider any mediation that would allow this situation to continue. Ms. Share stated the quality of life has been greatly downgraded since March, and her neighbors deserve the quiet enjoyment of their homes and are entitled to an immediate remedy for this unbearable situation. Mayor Hood asked if this needs to go the Planning Board as a Land Development Code issue; whereby, Mr. Randal Hayes, City Attorney, replied if the Commission wishes to place it in the Code of Ordinances it does not need to go to the Planning Board, but if it is to go on the Land Development Code, it would need to be reviewed by the Planning Board. Commissioner Boyle moved, seconded by Commissioner Irvin, to send this issue to the Planning Board for an Land Development Code Amendment to duplicate the Jacksonville model. Commissioner Boyle stated the rights of one citizen stop at the property of another. He indicated the Jacksonville model would serve Ormond Beach well in that it states that if there is odor or smoke that is discernible at, or beyond, the property line, and five (5) citizens in the neighborhood make a complaint, Code Enforcement can act.
Item #11(E) - Workshop Agenda Materials Commissioner Boyle moved, seconded by Commissioner Persis, to direct staff to distribute all materials prepared relative to workshops at least three (3) days in advance of the meeting to the City Commission. Commissioner Persis asked Commissioner Boyle if he could agree to two (2) days notification; whereby; Commissioner Boyle reported there is a precedent set with the packet information for City Commission meeting and he does not believe the one day difference is consequential to staff. He pointed out the workshops have been scheduled months in advance for the summer, yet on two (2) occasions information was received when the Commission arrived at the meetings.
Item #11(F) - Fireworks Display During Historic Trust Fall Festival Commissioner Boyle moved, seconded by Commissioner Gillooly, to hold a fireworks display at the Historic Trust’s Fall Festival. Commissioner Persis asked if it were possible the cost would be less than designated in the report because the figures were intended for the July 4th festivities, and there would not be such a large demand for fireworks in October. Mayor Hood replied he does not believe a reduction can be expected. Mr. Miller questioned that if the fireworks had not been cancelled due to the fire hazard, would this request be favorably reviewed. He stated this is one worthy cause, but there are many other organizations seeking fundraising efforts for worthy purposes; therefore, equity needs to be thoroughly considered. Commissioner Boyle explained the idea of rescheduling the fireworks was not to enhance the Historic Trust’s event, but to thank the people who served and saved the community, and the citizens who conducted themselves in an exemplary manner. He stated this organization had a two-day event scheduled long ago at the same place where the fireworks are normally held and although it is an expense, this is a unique situation.
Item #12 - Audience Comments On Agenda Items Item #12 - Reports, Suggestions, Requests US Airship Leasing, Inc. Commissioner Boyle stated at the last meeting during the discussion of the lease agreement with US Airship Leasing, Inc. (USAL), that he was challenged to "either stop complaining about the deal, or make a motion to reconsider it." He stated he would readily make this motion and vote against the agreement due to new information received, but under the rules of the Charter, this Commission cannot move to reconsider after approving to enter into a contract. Commissioner Boyle explained questions raised have still not been answered such as did the negotiation process violate the Charter and the Florida Sunshine Laws which could subject the City to a lawsuit and render the contract void. He stated the he believes the Charter cannot be laid aside even when it appears there is a good deal with widespread public support. Commissioner Boyle moved, seconded by Commissioner Irvin, to authorize the City Attorney to contract with an independent legal counsel to render a finding on the USAL contract. Mayor Hood stated he did the research and talked to the expert on Sunshine Law violations at the Attorney General’s office who explained, very definitively, that there was no Sunshine Law violations because he never had, or represented he had, the authority to bind either party. He stated he and staff worked with USAL to negotiate the best deal which was then brought to the City Commission on a Thursday to be voted on four (4) days later, with no question or comment made. Mayor Hood questioned that with all that has gone on in questioning this contract, why would USAL want to do business with Ormond Beach. He stated this Commission must decide whether to be in the economic development business or it should stop trying to bring jobs to this community. Commissioner Persis agreed with Mayor Hood and stated he is satisfied with the way things were done and he is very glad to have USAL come to Ormond Beach. He stated the time for reservations is past, the deal is done now, it is time to go on. Commissioner Boyle reported USAL stated in a document that the Commission was not copied, that they only wish to do business with Mayor Hood only, who became the active negotiator which the Charter prohibits. He also mentioned the $250,000 of economic incentives put on the table, which was not approved by the City Commission. Mayor Hood explained that three (3) years ago staff and USAL started negotiations which produced a letter of intent, but for some reason there was a personality conflict which led to USAL cutting off negotiations and indicating they would go to Melbourne or possibly Daytona Beach. Staff asked Mayor Hood to speak to Mr. Wüllenkemper, representing USAL, in hopes to bring them back to the negotiating table, which he did successfully after much discussion. Mayor Hood related he and Mr. Wüllenkemper got along well and from that point on he spoke to Mr. Wüllenkemper, but always went back to Mr. Miller and Mr. Baughman to offer the proposals. He stated no one was bound, because only the City Commission can bind a contract. Mayor Hood explained the package will bring a world headquarters, 170 jobs and the City will realize $237,000 cash after the incentives are given.
Dogs in Fortunato Park Commissioner Irvin stated the rules prohibiting dogs in Fortunato Park need to be enforced. She stated citizens do not feel they should be reporting these code violations, that the Code Enforcement Officers should be more observant. Beautification on US #1 and Granada Boulevard Commissioner Irvin complimented the businesses on the corner of US #1 and Granada Boulevard for the beautification they have done recently. Bayberry Park Development Commissioner Irvin commended staff and those who supported the work at Bayberry Park for their efforts at the park. Commissioner Gillooly agreed that he is glad for Bayberry Park and that something could be done for the people in the neighborhood. Condemned Signs on US 1 Commissioner Gillooly reported Mr. Todd Herget, Chief Building Official, stated the Code will be followed to the letter regarding these condemned signs 30 days ago. He asked these signs be removed. Spraying at Nova Recreation Center Commissioner Gillooly reported he saw a police report dated July 17, 1998, regarding spraying at the Nova Recreation Center causing birds’ death. He asked who authorized the spray, what kind of spray it was, and why was it used. Mr. Miller explained he has a staff report regarding this matter he will share with the Commission. Applaud Staff Mayor Hood commended Lorenda Volker, Human Resources Director, for her help in aiding a former employee who needed assistance. Item #12 - Close The Meeting The meeting was adjourned at 10:00 PM. |
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