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NOVEMBER 3, 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 Dr. Harry Berger, Beth Judah Messianic Congregation. 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 October 20, 1998, regular City Commission 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 - Audience Remarks Raw Sewage Flowing Through Coquina Point to the Lift Station Ms. Harriet Damesek, 4 Sandpoint Circle, stated the lift station was built to handle only Coquina Point, yet wastewater from Aberdeen, Spring Meadows, the South Forty, and the southwestern portion of SR 40 west to Southwest interchange presently flows through Coquina Point to the lift station. She stated a relief force main is scheduled for construction in FY 1999/2000, and asked if this main would take care of only new development or will it also serve Coquina Point. She recommended the City Commission seriously consider approval of any new development in this service area, other than Coquina Point development, until the proper infrastructure is in place. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, to deal with this issue and report back at the first City Commission meeting in December. Volusian Water Alliance Ms. Damesek stated there was not enough discussion concerning the Volusian Water Alliance at the last City Commission meeting. She reported projections point to a serious shortage of good quality, cheap water in the near future; therefore, she contended the Alliance should be more than a planning body. Ms. Damesek noted it is time for the Alliance to take a leadership role and develop rules for water control and distribution, and anything less is ineffectual. Water Conservation Ms. Damesek suggested new rules be put in place requiring a large percentage of all residential and commercial development be xeriscaped. Mayor Hood asked this item be placed on a December agenda. Abutting Volusia County Land Conforming to Ormond Beach Regulations Ms. Damesek recommended Volusia County land abutting Ormond Beach within in a predetermined radius should conform to Ormond Beach regulations, especially if the developer intends to request annexation into the City of Ormond Beach after receiving County approval for development. Mayor Hood asked this item, also, be placed on a December agenda. Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, stated he had four (4) important questions regarding City government that have not been answered. Mr. Cook made vague complaints regarding various staff members and the elected officials for not addressing his concerns. He refused to step down from the podium his questions were answered. Mayor Hood stated he was elected seven (7) years ago and has met with Mr. Cook a minimum of five (5) times for at least 10 to 12 hours in those seven (7) years and met jointly with Mr. Miller, Mr. MacLeod and Mr. Cook for approximately 20 hours trying to address his concerns. He noted Mr. Miller has twice written letters apologizing for any misunderstanding that may have occurred even before Mr. Miller became City Manager. Mayor Hood reported during these meetings it was explained, in great detail, that what occurred before Mr. Miller, Mr. MacLeod or he was working with the City cannot be changed and apologies were made for any misunderstandings that may have occurred. He offered to set up one (1) more half-hour meeting with Mr. Cook in an effort to answer any of Mr. Cook’s questions, but stated there comes a point where nothing more can be done. Mayor Hood informed Mr. Cook his five (5) minutes were up and he would have to continue discussion at the end of the meeting if he sought further discussion on the matter. Mr. Cook asked and was granted 30 seconds more for discussion. He stated a meeting was scheduled with Mayor Hood and Mr. Miller, but Mr. Miller did not attend that meeting, nor did he meet with Mayor Hood and Mr. MacLeod. Mr. Cook refused to leave the podium. Mayor Hood politely asked Mr. Cook to step down to allow the next speaker to come forward, but Mr. Cook refused; therefore, Mayor Hood was forced to request Chief Mathieson to ask Mr. Cook to leave the podium. Mayor Hood explained Mr. Cook had a problem with a code violation regarding a boat in his yard and he has been filing complaints regarding this issue for many years. Riverside Drive Closing Ms. Jamie Hawthorne, 70 Riverside Drive, asked the three (3) Commissioners who voted to not reroute traffic on Riverside Drive to create a park to reconsider this issue on operational facts that would mandate the City to provide relief for the one-way section of Riverside Drive. Mayor Hood stated that if the Commission were to decide to rehear this issue, it would have to be placed on a future agenda. Mr. Randal Hayes, City Attorney, explained that if there is any additional material that must be reviewed, it would need to be placed on another agenda, but if there is no additional material, it can be considered at this meeting. Mayor Hood noted that if there is additional information to be presented for a rehearing, it needs to be presented at a subsequent meeting. He asked this issue be placed on the agenda for the first meeting in December to discuss whether the City Commission will reconsider the issue. Water Service for Newly Annexed Calle Grande Drive Area Mr. Max Cleland, 759 Santa Anna Avenue, noted Santa Anna Avenue was recently annexed into the City of Ormond Beach. He stated water supply was a major concern among the residents when considering the referendum to annex into Ormond Beach. Mr. Cleland advised a newspaper article reported that the Public Works Director stated it would be many years before water or sewer could be put into this area, but a proposal was worked out with the City of Holly Hill to supply fresh drinking water to seven (7) properties along the Calle Grande Drive area. He stated he understood that an agreement was reached between the cities of Holly Hill and Ormond Beach for the cost to be borne by the homeowners and the water to be serviced by Holly Hill. Mr. Cleland reported the permits had been pulled for the project, but a hold was placed on the project and new parameters brought up increasing the cost. He asked what needs to be done to get this project back on track. Mayor Hood stated Ormond Beach did not make an agreement with Holly Hill. He asked Mr. MacLeod to explain. Mr. Ted MacLeod, Public Works Director, explained that Holly Hill represented that they were expanding their water system and were planning to place a six (6) inch water main in front of this property as part of looping their system and Ormond Beach agreed to allow Holly Hill to service these residents. He stated Holly Hill would charge the residents in-City rates for their water, and similarly, if Ormond Beach were to service Holly Hill residents, Ormond Beach would charge in-City rates. Subsequently, he stated, Holly Hill revised their plans canceling the plans to loop the system, and offered to place a two (2) inch service extension from their system up Calle Grande Drive and westward. Mr. MacLeod advised that this was not in accordance with the agreement since Ormond Beach does not use two (2) inch pipes. He stated Ormond Beach’s ultimate service provides an eight (8) inch loop system which is not funded at the present time although alternate funding sources are being sought. Mr. MacLeod indicated survey results showed a 55% support rate for a water system and less than that for a sewer system based on a special assessment district. Mayor Hood asked this be placed on the agenda for the first meeting in December for further discussion of the policy problem in this area. He asked staff to notify the homeowners in this area of the December meeting. Commissioner Persis asked Mr. MacLeod to discuss this issue with Holly Hill before the December meeting to determine if an agreement can be reached. Park Ridge Subdivision Mr. Garin Grayson, 46 Aaron Circle, related that when he moved into his home, there were three (3) vacant surrounding lots which are now being developed using fill to raise the property level three (3) feet above his property and causing flooding concern. He stated he has voiced his concerns with the developer, Intervest Construction Incorporated (ICI), as well as the City’s Engineering Department who have assured him that the design of the lots will force the water off toward their street and not on to Mr. Grayson’s property and what a swale system will be used to run the excess water off to Fleming. Mr. Grayson noted he would like to go on record with his objections since there is no guarantee this system will work and asked who would be responsible if his property does flood. Mayor Hood indicated ICI must be engineered so as not to impact adjacent property owners; therefore, the City and ICI would be responsible if Mr. Grayson’s property flooded. He recommended Mr. Grayson come back if flooding occurs. Mr. Grayson expressed his appreciation to Commissioner Persis for coming to his property to discuss this situation. Staff Appreciation Mr. Edwin Cooney, 6 Alexander Court, thanked Chief Mathieson for the fine job he has done in stopping the stalking and harassment he has endured for six (6) to eight (8) months. He also thanked Mr. Miller for efficiently handling another situation. 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(C) be discussion separately. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda, minus Item #6(C).
Item #6(C) - Police Station Architectural Services RESOLUTION. 98 - 195
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-195, as read by title only. Mayor Hood advised he is of the opinion that this is the worst way to build a facility as it will waste taxpayers’ money. He strongly recommended the design/build method to be used instead. Commissioner Persis expressed disappointment that only one bid was received. Mr. MacLeod explained two (2) architects had planned on bidding, but only one bid was received and staff has determined the proposal is competitive. Commissioner Gillooly asked the Mayor to clarify the definition of design/build; whereby, Mayor Hood explained design/build is when an architect is working with the contractor and staff who defines the spatial needs and where the contractor is integral to the design of the building which alleviates increased cost structures. Chief Mathieson noted staff considered the various options including design/build and determined, after an exhaustive process, that the design/build option, because of the various code restrictions, would not be compatible. Mr. Kevin Denny, Acting Planning Director, explained that a total site plan and building permit approval is completed before clearing begins and a foundation is laid. Mayor Hood indicated there are numerous design/build buildings in Ormond Beach. Mr. Denny noted that because the City needs final landscaping approval and parking lots completed, design/build would not allow a significant time savings. Commissioner Gillooly moved, seconded by Commissioner Boyle, to table this issue to the November 17, 1998, City Commission meeting.
Item #7(A) - Palmetto Road Vacation Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #7(A). The motion carried unanimously. ORDINANCE NO. 98 - 45
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-45, on second reading, as read by title only.
Item #7(B) - Establishing a New Code Enforcement System Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(B). The motion carried unanimously. ORDINANCE NO. 98 - 46
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-46, on second reading, as read by title only.
Item #7(C) - Amend Future Land Use Element - Waterford Subdivision Mr. Kevin Denny, Acting Planning Director, pointed out staff has suggested the Suburban Low Density Residential and the Open Space/Conservation designations because it is directed by the Comprehensive Plan. Commissioner Persis clarified only one (1) house is permitted per lot; whereby, Mr. Denny agreed and stated the subdivision has already been platted and cannot be changed unless a replat is requested. Commissioner Persis asked why staff is requesting two (2) designations per lot. Mr. Denny explained two (2) designations were requested because of its proximity to the Tomoka River and the wetlands involved. Mr. Denny noted the Planning Board is recommending Rural Residential and Open Space/Conservation. Mayor Hood noted the designation is academic since nothing will be changed. Commissioner Boyle stated he would approve this Ordinance with the amendment to change the designation to Rural Residential because this was the land use designation on the Ramsey property which set a precedent, and the land closest to the Tomoka River would be designated Open Space/Conservation as was recommended. He suggested the Planning Board investigate changing the Comprehensive Plan policy which dictates the application of Suburban Low Density Residential to areas annexed to the west. Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(C). The motion carried unanimously. ORDINANCE NO. 98 - 47
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-47 amending the property be designated from Volusia County "Low Impact Urban" to "Rural Residential" and Volusia County "Environmental Systems Corridor" to "Open Space/ Conservation," on first and only reading, as read by title only.
Item #7(D) - Amend Zoning Map - Waterford Subdivision Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(D). The motion carried unanimously. ORDINANCE NO. 98 - 48
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-48 amending the property be designated from Volusia County "Rural Residential" to "Rural Residential" and Volusia County "Resource Corridor" to "Special Environmental," on first reading, as read by title only.
Item #7(E) - Volusia Road Vacation Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(E). The motion carried unanimously. ORDINANCE NO. 98 - 49
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-49, on first reading, as read by title only.
Item #7(F) - Second Cycle 1998 Comprehensive Plan Amendments This item was withdrawn and will be resubmitted at the November 17, 1998, City Commission Meeting. Item #8(A) - Recreational Vehicles and Boats ORDINANCE NO. 98 - 32
Mayor Hood stated three (3) Planning Board meetings and at least two (2) City Commission meetings have been held where this item has been thoroughly discussed; therefore, he asked if anyone had anything that has not been previously stated, they were welcome to come to the podium. Ms. Nancy Holman, owner of the property at 93 Diane Drive, indicated opposition to raising the height limit of RVs to 12 feet. She stated she is a Certified Residential Property Appraiser and Broker, and in her professional opinion, as confirmed by fellow appraisers and brokers, living next door to a large unsightly RV will decrease the property value. Ms. Holman warned the Commission to think of the lawsuit potential from residents. She showed pictures of an RV parked next to her home, yet 140 feet from the RV owner’s home, and that she has been trying to get the RV moved for over a year. Ms. Holman replied the proximity rule which is being considered is needed, but if a resident owns a vacant lot that is part of the homestead property, they can park as many RVs on that vacant lot as they like as long as they own the RVs. She stated if the Commission makes it easier for RVs to be placed in neighborhoods, this will be even more of a problem. Ms. Holman stated that with almost no effort they received almost 1,000 signatures on a petition to allow no more RVs in neighborhoods. She stated over 80% of the people are against RVs in neighborhoods because they belong in storage facilities. Ms. Holman indicated it was brought to her attention that some of the RVs are being used as guest houses, but the law clearly states only one (1) house is permitted per residential lot. She stated that relaxing the law to allow taller, wider, longer RVs is a move in the wrong direction for Ormond Beach and it is up to the Commission to determine the future aesthetics of this City. Mr. Denny advised some of language proposed will address some of the issues raised by Ms. Holman such as recreational vehicles cannot be occupied for living purposes; long-term storage is limited to those recreational vehicles owned by the occupant of the dwelling unit; and, any recreational vehicle shall be stored as close to the dwelling as possible, subject to provisions of the Land Development Code. Commissioner Persis asked what can be done to prohibit a vacant lot from becoming an RV parking lot; whereby, Mr. Denny explained the definition of RV includes a utility trailer, a boat and an recreational vehicle, but language can be added to clarify this issue such as total number of motorized vehicles allowed. Mr. Mark Shrader, 612 Hand Avenue, disputed Ms. Holman’s premise regarding property values because he, as an RV owner, recently had his property reappraised and it increased considerable. He agreed the RV pictured was unsightly, but this should not start arguments throughout the City. Mr. Shrader advised the proper place for this decision is with the homeowners associations not the City Commission. Mr. L.J. VanLancker, 15 North St. Andrews Drive, asked where the line is drawn in regulating what certain people don’t think is aesthetically pleasing. He asked for clarification of the Ordinance since it does not encompass everything suggested by the Planning Board. Mayor Hood advised the Ordinance is taking the Planning Board recommendations and asked Mr. Denny to explain the exceptions. Mr. Denny reported the side and rear yard setbacks and grandfathering discussed by the Planning Board are not included in the language. Irene Cooney, 6 Alexander Court, stated she does not oppose RVs, but is an RV owner which is parked at Sunshine Campground for $15.90 per month including taxes. She stated she made one (1) complaint and was told there were over 200 RVs over 10 feet high, but no listing with the addresses was compiled. Ms. Cooney questioned how the City would know if a law was broken if they do not know where the RVs are stored. She stated the 10 foot law is presently on the books, but certain RVs are still not in compliance. Ms. Cooney noted that if a resident can afford a $50,000 RV, they can afford the storage fees. She stated the side and rear setback rules have been broken numerous times as well yet the City does not enforce the rules. Ms. Cooney accused discrimination concerning the enforcement of codes in Ormond Beach. She stated her associates are well on the way to gaining sufficient signatures to place this question on a ballot for all residents to vote on. Ms. Cooney reported she heard of a possible lawsuit by an RV owner, but she noted the City should be more concerned about the law-abiding citizen taking action against the City for malfeasance, dereliction of duty and discrimination. She stated that whatever decision is made today it should be beneficial to all the citizens of Ormond Beach not a select few. Ms. Elizabeth Wilhelm, 12 Edgewood Way, directed her comments to Commissioner Boyle since she is a resident of Zone 1. She stated there are 12 illegally parked RVs in Zone 1 because Code Enforcement has not been enforcing the codes for the last number of years. Ms. Wilhelm recommended keeping the height limit at 10 feet and keeping the prescribed setbacks, but asked Commissioner Boyle to not give in to the 12 and let down the 300 people in Zone 1 who signed the petition. Ms. Peggy Wing, 57 Center Street, offered Ms. Cooney a list of 250 RV owners in Ormond Beach. Mr. Joe Greblunas, 209 Arlington Way, questioned if RVs truly diminished the value of property as previously mentioned. He stated he does not condone irresponsible acts of parking RVs illegally, but there are laws to protect the City from these infringements and he contends fences and shrubs have been used effectively to screen RVs. Mr. Greblunas stated that had the City enforced its laws, these problems would not have arisen; however, it is the citizen’s responsibility to alert the City that these infringements are occurring. He noted it is unfair to penalize the entire City for a small number of violators. Mr. Greblunas reported the fact is that RVs are getting higher, and it is not unreasonable to permit 12 foot high RVs. Mr. Ira Goldberg, 3 Alexander Court, advised motor homes and boats have been permitted in Ormond Beach for over 30 years, and there had been no complaints until Mr. Cooney complained about his motor home which was parked legally. Mr. Jim Gilbert, Grove Street, stated before he moved to Ormond Beach he checked the regulations regarding boat storage, and complied with all ordinances including securing a permit and building a fence. He noted that, if properly kept, a boat is not an eyesore. Commissioner Boyle moved for approval of Ordinance No. 98-32 on first reading, as read by title only. Commissioner Boyle explained this motion eliminates Item #2 and Item #8 which is located in the City Manager memorandum and recommended by staff. Commissioner Persis asked if #5 and #6 are redundant; whereby, Mr. Denny stated #6 was added so there would be no misunderstanding on the intent of Item #5, but agreed it is redundant. Mayor Hood asked if an RV owner could purchase a vacant lot and store an RV on the lot if he did not have a house on the adjoining lot; whereby, Mr. Denny answered a principal structure is necessary before an accessory structure, such as a boat or RV, would be permitted. Mr. Denny advised #5 can be removed because it is redundant, but Item #6 would remain. The motion died for lack of a second. Commissioner Gillooly moved for approval of Ordinance No. 98-32 on first reading, as read by title only, with the exception that the height be ten (10) feet, with one (1) additional foot permitted for any accessory unit such as an air conditioner or luggage rack. Commissioner Gillooly stated the height is not really the question, but the length. He stated a 10 foot high RV is generally no more than 24 feet long, while a 12 foot high RV is can be as much as 50 feet long, which is a structure nearly equal to the size of a bus or a 600 square foot building placed on a portion of property where a permit to construct a similar size building would not be allowed. Commissioner Gillooly advised that considering the issue of 12 foot high being an industry standard opens a Pandora’s box of future problems such as what will happen when industry standards increase to 13 or 14 feet. He stated there are at least three (3) parking facilities in Ormond Beach to house these 12 foot high RVs. Commissioner Gillooly agrees with staff that the RVs should not be grandfathered in since the 12 foot high RVs are presently in violation of the law even though it has not been enforced. The motion died for lack of a second. Commissioner Persis advised that none of the surrounding cities had a height or length standard on RVs. He noted item #2 is important for the future and will minimize the number of RVs parked in residential areas in the future. Commissioner Gillooly asked if #2 would not take effect until a future date, and does not impact the RVs that now exist; whereby, Commissioner Persis agreed this is correct. Commissioner Gillooly noted concern regarding enforcement in the sense as to how would the City know which are new RVs and which are not. Commissioner Persis recommended grandfathering only Item #2. Commissioner Persis recommended approval of Ordinance No. 98-32 with the deletion of Item #6 and grandfathering on Item #2 only. Commissioner Boyle expressed appreciation to all who spoke on this issue at this and the previous Planning Board and City Commission meetings. He stated that years ago Ormond Beach established a precedent and right of the people to store RVs at their homes with certain significant restrictions. Commissioner Boyle noted that today’s RVs are slightly taller which creates a real problem in enforcing the 10 foot regulation and would effectively take away RV storage rights. He noted that staff and a nearly unanimous Planning Board concluded that the 10 foot height limit was no longer reasonable and recommended a 12 foot height limit to correct this antiquated law which has not been enforced for years. Commissioner Boyle stated the height limitation and setback requirements would not be enforceable since the Code Enforcement Officer would have to get permission to enter the property to measure the height and if the homeowner refuses, a court order would be required. He stated he has no doubt that the majority of people would ban RV storage in residential areas entirely, but even though the RV owners are a very small minority, they have rights which need protection. He noted a majority of people would ban boats, motorcycles, basketball hoops, flags, lawn ornaments and even certain colors of house paint, but personal freedoms would be diminished if this occurred. Commissioner Boyle advised it is not up to the City Commission to determine who can and who cannot afford to store their RV. He noted the setbacks are functioning quite nicely; therefore, he is not opposed to them. Mayor Hood stated that while he is not unsympathetic to the citizens’ concerns, he does not believe in over-regulating. He stated the ordinance represents a reasonable regulation of the issues. Commissioner Boyle asked for clarification on the grandfathering by asking if it refers to the home, the homeowner or the RV; whereby, Mr. Denny replied staff recommends grandfathering the specific RV, for a specific owner, and for a specific lot. He pointed out the difficulty staff will have in tracking where a survey would have to be accomplished to register every vehicle to determine which vehicles are to be grandfathered. Mayor Hood stated there is no need to register every vehicle since it is the homeowner’s obligation to prove they have been grandfathered and the problem would only arise if a complaint were made. Mr. MacLeod advised it has been his experience that this rule will be very difficult to enforce and will cause a public furor. Commissioner Boyle noted that if this ordinance is passed as recommended, if a homeowner wants to trade an older RV in on a newer one, he would not be able to park the new RV on his property. He stated this would lead to people not trading their RVs in; thus, the City would have a large number of older RVs which he opposes. Mayor Hood recommended grandfathering only the property and the property owner, not the RV to alleviate this problem. Commissioner Irvin stated this issue is very confusing and she fears creating more problems than presently exist. She stated this is a neighborhood problem and if an RV owner respects their neighbors, there would not be a problem. Mr. MacLeod advised that it may be more enforceable if the grandfathering only related to the home and the homeowner. Mayor Hood agreed and stated the deed date could be checked if verification was needed. Commissioner Gillooly alerted this may encourage people who had their RVs in storage to bring them out and park them on their property; thus, more RVs will be visible. He stated it is not necessary to go on a person’s property to measure an RV since there is a laser gun, used by Realtors, to measure height from distances. Commissioner Boyle withdrew his original motion. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-32 on first reading, as read by title only, with the deletion of Item #6, to grandfather Item #2 only (referring to the home and homeowner documented by deed), and to add an item which states no more than one (1) motorized axle recreational vehicle may be parked on any particular vacant lot. Commissioner Gillooly reported there is a problem of how long an RV can remain in a driveway. He pointed to a situation where an RV is parked in a driveway continuously, but to get around the rules, every 48 hours the owner drives the RV around the corner. Commissioner Gillooly asked this issue be addressed as well.
Item #8(B) - Dangerous Dogs ORDINANCE NO. 98 - 51
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-51, on first reading, as read by title only.
Item #8(C) - Tree Protection Replacement ORDINANCE NO. 98 - 52
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-52, on first reading, as read by title only.
Item #9(A) - Sunset Review of Boards and Committees Mr. Tom Lipps, Assistant to the City Manager, advised that if the City Commission is satisfied with the current boards and committees, the City Commission should advise staff to prepare an amendment that would extend the sunset provision for another four (4) years. Commissioner Boyle moved, seconded by Commissioner Persis, to approve approach #1 as recommended in the staff report. This approach instructs staff to prepare an ordinance reauthorizing all the existing boards for another four (4) year period, except for the Code Enforcement Board which is scheduled for elimination with the creation of the special master ordinance. Commissioner Gillooly advised he questions if people who do business with the City should be appointed to City Boards. Mayor Hood stated if a Board member does business with the City, that Board member must declare a conflict of interest. Commissioner Gillooly agreed they do recuse themselves from voting, but not before they make statements regarding the matter. Mayor Hood noted this is permitted by law. Mr. Hayes agreed that speaking on an issue is a parliamentary rule of procedure, but there is discretion on how this is treated. Historically, he noted, the item is discussed and then the conflict is declared. Mayor Hood stated this is a separate issue as to how the boards operate relative to discussion and voting. Commissioner Boyle stated if a Commissioner has an appointee who recuses himself from voting a large percent of the time, that Commissioner should go to that person and ask him to resign. Mayor Hood recommended placing this issue on a December agenda.
Item #9(B) - Insurance Requirements for Private Clubs Using City Facilities Commissioner Boyle advised in the past five (5) years the City had 50 injuries, with four (4) payments for $22,000 from all the civic groups. He stated five (5) civic groups have already relocated due to insurance costs and the costs have had a chilling effect on public use of public facilities which should be encouraged, not discouraged. Commissioner Boyle noted that of the 50 complaints, hopefully, they resulted in resolutions of problems that precluded the incident from happening again. He stated he supports a waiver of minimum requirements upon request and showing good cause. Mayor Hood agreed that a waiver in certain instances makes sense, but private uses such as weddings should not be waived. He noted Boy Scouts and Girl Scouts and other large entities carry their own insurance. Mayor Hood recommended giving the administration the discretion to make judgments as to which groups pay the insurance and which receive waivers, but for those who have the insurance waived, a full general release must be signed so the City would not be held liable. He stated he wants citizens to utilize City facilities. Commissioner Boyle moved to let the administration use its discretion on whether to give a waiver of insurance or not. If a waiver is given, a full general release must be signed and if a waiver is refused, the organization would have the right to appeal to the City Commission. Commissioner Gillooly agreed the City facilities should be open for citizen use. Mr. Hayes recommended staff can bring back an amendment to the resolution encompassing the City Commission’s comments. The motion died for lack of a second. Mr. Al Legg, Risk Manager, cautioned that if a waiver is given, the City will open itself to greater liability with more claims. Mayor Hood stated he agreed private concerns or commercial concerns who are making a profit need to pay the insurance, and large clubs such as the Scouts or churches already have insurance, but the smaller clubs such as the Camera Club or the Diggers and Finders or other groups who have no commercial purpose should get a waiver. He noted most of the claims were generated from the Performing Arts Center. Commissioner Persis reported that as a school principal in Ormond Beach, the school is often rented out by other groups, but anyone renting the facility must have liability insurance. He stated Volusia County schools are paid for by taxpayers, but by having this insurance provision, the taxpayers are being protected. Commissioner Persis indicated it would be very difficult for staff to decide which group gets the waiver and which does not unless the Commission is very clear such as groups less than ten (10) who are non-profit and not affiliated with any State or national association may get a waiver. Mr. Anthony Erlich, 96 Hilldale Avenue, past president of the Casements Camera Club, stated he can appreciate that the City wants to protect itself from unreasonable liability, but none of the 50 accidents had anything to do with any club meeting at the Casements. Mayor Hood asked if the Camera Club would object to signing a release; whereby, Mr. Erlich indicated he does not anticipate any objections to signing releases. Mr. Hayes noted the Code now states that waivers can be granted for good cause shown and it can be delegated to the City Manager if this is the City Commission’s pleasure. Commissioner Boyle responded to Commissioner Persis’ comments regarding Volusia County schools and Ormond Beach facilities. He stated the public does not have a right to a public school except for educational purposes, but the City’s self-insurance is paid for by taxpayers who have a right to use the facilities. Mr. Jack Dee, 35 Cambridge Trace, advised that he is a member of the Diggers and Finders Club which has over 30 members. He stated his club cleans up the beach while looking for coins and he also indicated his group would sign a release. Mr. Dee suggested a cap not be placed on the number of members a club can have to receive a waiver. Mr. Glenn Vincent, HRH Insurance, stated $22 will purchase $1 million in liability insurance for a wedding of 50-60 people. Mr. Legg stated that the Diggers and Finders Club has 42 members which met 11 times during a year at $22 per meeting which would equal $2.25 per person. Mayor Hood stated the Art Museum indicated the insurance was so high they could not run their art program because it was in the thousand dollar range. Mr. Legg explained that at that time, the program through HRH was not in place, but under the HRH insurance, if they would be in the low hazard group, up to 50 people would cost $22 and over that amount, the fee schedule would increase. Commissioner Gillooly asked Mr. Erlich how many members normally attend each meeting of the Casements Camera Club. Mr. Erlich replied they have 40 members and the average meeting attendance is between 10 and 15 members, meeting 10 times per year, which would cost $220. He reported the only alternatives his club would have is to increase their dues and this would cause them to either dissolve or relocate and disassociate themselves from the Casements which would be regrettable since they have met at the Casements for many years. Commissioner Persis asked if the members would be willing to pay the $5.50 extra; whereby, and Mr. Erlich replied the club is struggling to keep the membership at the present dues. Commissioner Boyle asked the ordinance incorporate the cost, in man hours, to track this research. Mayor Hood asked this be placed on a future agenda. Item #9(C) - Toxicology Report, OFTANOL Commissioner Boyle stated the report supplied did not include pros and cons regarding the use of these chemicals, no reason given for the proposal to modify the spraying, no comparison of surface spraying versus injection, no comparison to other cities, no indication of how the City applies the pesticide, and no warnings or constraints. He noted these chemicals are cousins of nerve gas. Commissioner Boyle advised the manufacturer of Dursban paid $870,000 in connection with the poisoning of 250 people and is no longer allowed to be used indoors in the United States. He noted the Volusia County School Board has banned indoor use of the chemicals mentioned in this report and the use outdoors is up to the discretion of the principals. Commissioner Boyle stated that the spraying of these pesticides is questionable for children and wildlife and stated his opposition to the use of these chemicals. He noted Oftanol is the most dangerous chemical in the EPA guide. Commissioner Gillooly asked Mr. Alan Burton, Leisure Services Director, if any alternatives to these chemicals exist; whereby, Mr. Burton replied Dursban and Orthene are listed in the report, in addition to the Oftanol. Commissioner Boyle stated he consulted chemists regarding Dursban and Orthene who reported they have a half-life of 63 days and are short-term solutions, but long-term the City is better off not using them. Commissioner Gillooly agreed the risk is high. Commissioner Boyle moved, seconded by Commissioner Gillooly, to ban the use of Oftanol by staff.
Item #10 - Audience Comments On Agenda Items There were no audience comments. Item #11 - Reports, Suggestions, Requests Applauding Staff for Assistance Commissioner Boyle expressed his appreciation to Mr. Miller and staff for their professional and prompt assistance in answering constituent questions he has received recently. Pension Adjustments Commissioner Boyle stated it has come to his attention that some people receiving a pension from the City are disenchanted that adjustments are not done annually. He asked to place this item on an agenda for discussion. New Main Street Director Commissioner Boyle applauded the selection of the new Main Street Director, Lori Gillooly. Train Whistles Commissioner Persis stated he has had concerns brought to his attention regarding train whistles being excessively blown late at night. He asked if the City Commission or City Manager could write a letter to address these concerns. Mayor Hood stated there are liability issues which require the whistle to be blown. Commissioner Persis stated there is a difference between blowing the whistle once and "hanging on it." Mayor Hood asked Mr. Miller to prepare a letter on behalf of the City Commission as requested. Item #12 - Close The Meeting The meeting was adjourned at 9:22 PM. |
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