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SEPTEMBER 22, 1998 7:00 PM SPECIAL MEETING Present were: Deputy Mayor Frank Gillooly, Commissioners Jeffrey J. Boyle, Thelma Irvin, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. Mayor Dave Hood was absent. A G E N D A
Item #1 - Call to Order Deputy Mayor Gillooly called the meeting to order at 7:00 PM. He announced that Mayor Hood would not be at the meeting. Item #2 - Pledge of Allegiance Deputy Mayor Gillooly called for a moment of silent prayer for a speedy recover for Mr. Eugene Miller, City Manager, who had surgery today. He then led in the Pledge of Allegiance. Item #3(A) - Adopt Proposed Operating Millage Rate Due to the fact the Commission will be dealing with the budget, Mr. Randal Hayes, City Attorney, recommended a roll call. Deputy Mayor Gillooly asked for the roll to be called.
Deputy Mayor Gillooly explained Resolution No. 167-98 proposes a millage rate of 2.982 mills to fund the budget, which is 3% higher than the rolled back rate of last year of 2.89533 mills. He opened the floor to public comment. Mr. Frank Leo, 112 Sand Castle Drive, stated he represents a group of people living on Sand Castle Drive who believe they are overtaxed based on the lack of code enforcement being done on that street. He indicated he and his neighbors have been fighting for the past ten years regarding three (3) disabled cars parked in the neighborhood. He offered pictures and asked for relief from this situation, or he and his neighbors would press to have their taxes reduced. Mr. Hayes advised this is a code enforcement issue, and code enforcement is aware of the owner of the property in question. He stated one member of code enforcement is out on vacation at the moment, but he offered to assist in finding a solution to Mr. Leo’s problem. Mr. Hayes stated this is not an appropriate item for discussion in that this meeting’s purpose is to discuss the millage rate. Deputy Mayor Gillooly asked if the vehicles are registered; whereby, Mr. Leo replied they are not road worthy. Deputy Mayor Gillooly assured Mr. Leo that he would meet with him after the meeting and will visit Sandcastle Drive within the next two (2) days. He assured Mr. Leo he would work to address the concerns of the neighborhood. Deputy Mayor Gillooly announced a potential dilemma has occurred. He stated that unless one of the Commissioners is willing to change their vote since the first reading, the Commission is deadlocked with a 2:2 vote. Deputy Mayor Gillooly asked if anyone would change their vote. No comment was made by the Commission. Commissioner Boyle stated he believes all five (5) members of the Commission need to vote on this important issue. He indicated he assumes the Mayor would be in attendance if he could, but without the Mayor’s vote, he also fears a deadlock. Commissioner Boyle stated he has voiced many times in the past that when the issue is spending and taxes, the City Commission needs to have five (5) votes to, hopefully, ultimately reach a consensus. Commissioner Boyle moved, seconded by Commissioner Irvin, to recess this meeting until a time when all five (5) members of the City Commission can be present. Commissioner Boyle stated he understands that this meeting needs to be held before October 1, 1998, and that it would have to be readvertised with a minimum of two (2) to five (5) days after the advertisement is printed. He stressed the importance of the Mayor being in attendance and pointed out that the Mayor is a representative of all four (4) zones in Ormond Beach, is the senior member of this Commission, and is the most proactive in formulating the budget and budget polices. Commissioner Persis stated he would agree if it were unclear as to how the Mayor feels about these issues; however, his wishes have been made clear numerous times, and one vote was previously taken which further clarified the Mayor’s vote. Commissioner Persis questioned the cost and legal ramifications of postponing the vote. Mr. Bob Bentkofsky, Budget Manager, advised the cost to readvertise is approximately $1,000. He deferred to the Finance Director regarding the ramifications of postponing the vote. Mr. Paul M. Lane, Finance Director, stated that other than the cost factor, there would be no consequence as long as a decision is made prior to the critical dates. He stated the City must furnish a DR422 to the Tax Assessor’s office with a Resolution adopting a millage rate and a DR487 to the Department of Revenue indicating Ormond Beach has complied with Chapter 200 of the statutes. If this compliance is not met, the Department of Revenue will withhold Ormond Beach’s State Revenue Sharing money until in compliance. He stated if 15 days pass and the City is still not in compliance, it is possible those State Revenue Sharing funds can be forfeited for a period of twelve (12) months. Mr. Bentkofsky advised that the State Revenue Sharing funds amount to $675,000 in the budget. Commissioner Persis questioned what the last possible day would be for the City Commission to make a decision and still be in compliance; whereby, Mr. Lane indicated on October 7th the DR422 needs to be filed in the Tax Assessor’s office. Mr. Lane stated he would prefer the City Commission come to a conclusion this evening, but if that is impossible, he recommended meeting prior to October 1, 1998. Commissioner Boyle reported that, if there were a consensus, he would have approved the recommended millage, due to his strong believe of presenting a united front to the community. He stated he is unsure regarding the Mayor’s wishes, indicating the Mayor is passionate regarding most of the items remaining in the budget and just as passionate regarding his opposition to pay raises for employees. Commissioner Boyle reiterated the importance of the Mayor being involved in any vote taken. He asked Mayor Hood’s personal secretary if the Mayor had a conflict which would explain the Mayor’s absence at this meeting; whereby, Ms. Sue Hensler, Mayor Hood’s personal secretary, replied Mayor Hood is in Tallahassee at a Governor’s meeting. Mr. Lane advised the City is required to schedule the meeting after 5:00 p.m. Commissioner Irvin agreed that five (5) votes are necessary. Commissioner Persis stated at the last meeting, Mayor Hood did vote in favor of the 3% increase, which would probably indicate how he would vote if he were present this evening. Deputy Mayor Gillooly stated that since no Commissioner offered to change their vote, there is little choice but to postpone the meeting. Commissioner Boyle stated that although he would prefer to recommend a time certain for a meeting, it would be wiser to wait to set the time until the Mayor has been reached to determine his schedule, being mindful that Commissioner Persis is also busy as principal of one of Ormond Beach’s finest schools. Commissioner Boyle recommended waiting 24 hours to set a date certain. Commissioner Irvin stated this meeting was planned for quite a while, and she shortened her vacation to come back in time to enable her to attend this meeting.
Item #4 - Close The Meeting The meeting was recessed at 7:23 PM. |
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