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NOVEMBER 17, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Isaiah Paul, St. Johns Missionary Baptist Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the Minutes of the November 3, 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 - Presentation of Funds to Police Department Police Chief Mathieson advised that for the last several years Ormond Beach has participated in a Drug Enforcement Administration (DEA) Task Force in Orlando, and he introduced Mr. Rick Jancha from the U.S. Attorney’s Office and Drug Enforcement Administration (DEA) who presented the Police Department with a check for $256,603.80 for its involvement in a drug enforcement operation. Mr. Jancha commended Corporal Michael Drake for serving on the DEA task force and assisting in the successful apprehension and prosecution of an international drug trafficking ring and murderers. He stated 37 defendants were arrested and convicted in connection to this drug ring, and $1.9 million in assets have been seized to date. Mr. Jancha noted this violent international drug organization was brought to justice because of actions which were initiated by officers from the City of Ormond Beach. Mr. Jancha expressed appreciation that Ormond Beach officers do not just concern themselves with something that happens within Ormond Beach’s borders, and he thanked Corporal Drake for the excellent job he has done for Ormond Beach and for the DEA. Mayor Hood expressed his appreciation on behalf of the City Commission and the entire City for all that the DEA, Corporal Drake, Chief Mathieson and the Ormond Beach Police Department have done for the City of Ormond Beach. Item #6 - Audience Remarks Non-Conforming Building Mr. Neal Timberlake, 815 Ocean Shore Boulevard, representing Ormond Holiday Club, stated the office facilities for the condominium are inadequate and new offices were planned, but he was informed the building was non-conforming and cannot be altered if the alteration in any way increases the non-conformity. He advised that Mr. Kevin Denny, Acting Planning Director, had explained the condominium has three (3) options: to locate the office somewhere else on the site, which is not a feasible option; to appeal Mr. Denny’s interpretation; or to try to amend the Land Development Code which would take over three months and create expense with no assurance of success. Mr. Timberlake asked the Commission if they could recommend what direction he should take. Mayor Hood explained the policy whereby the Commission cannot take action without prior submittal of information; therefore, he requested this issue be placed on the next agenda for a full discussion. Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, stated at that last meeting the Commission would not answer his questions. He reported Mayor Hood made a statement that the City has been attentive to his complaint, but he insisted he can prove this is untrue. Mr. Cook contended Mayor Hood stated he met with him a minimum of five (5) times with staff members, but Mr. Cook stated this is not true. He reported he wrote a note asking for the date and times of these meetings but he did not receive a reply. Mayor Hood stated he spent hours with Mr. Cook going over a problem that occurred in 1989 when he was not elected, and Mr. Miller was not City Manager. He reported Mr. Miller wrote a letter of apology for anything that may have happened in 1989, and Mayor Hood also apologized to Mr. Cook again. Mayor Hood advised that if Mr. Cook has something specific that can be done, he would do the best he could to accommodate Mr. Cook. He noted that he has not had the opportunity to go back through his calendars for the past seven years and pick out all the times he spoke to or corresponded with Mr. Cook, but if he still has the information, he will research it when he has the time to do so. 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 Persis asked that Item #7(C) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda, minus Item #7(C).
Item #7(C) - Skatecourt Bid RESOLUTION. 98 - 202
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-202, as read by title only. Commissioner Persis reported he is very glad to have this project reach this point and is also pleased that the bid came in for less than predicted; therefore, the City was able to build a more advanced park than was originally anticipated. He noted concern regarding the residents of the Trails request for a sidewalk to access the Magic Forest Playground. Ms. Judy Sloane, City Engineer, stated there was no time certain ascertained for the construction of this sidewalk; however, it is possible to take approximately $10,000 from the skateboard project to build the sidewalk to connect Mail Trail with the skate park. Commissioner Persis moved to amend the motion, seconded by Commissioner Irvin, to include the additional funding for a sidewalk to connect Mail Trail with the skate park out of the appropriation for the skateboard project.
Item #8(A) - Historic Tree at 1 Parkview Lane Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION. 98 - 204
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Resolution No. 98-204, as read by title only.
Item #8(B) - Recreational Vehicles and Boats Mr. Kevin Denny, Acting Planning Director, recommended amending the Ordinance regarding fencing to add that fencing shall be a maximum of six (6) feet high with no variance possible. Ms. Laura Jones, 59 Amsden Road, stated that this Ordinance was first written in 1978 and through it’s provisions it is possible that 10 different guests could have an RV (recreational vehicle) parked in a driveway for a total of 70 days. She asked if this ordinance would open Ormond Beach to lawsuits filed by RV owners who drive down canopy roads and their RV’s are damaged by low hanging branches, or if the trees would need to be trimmed or eliminated. Ms. Jones pointed out that only six (6) feet of the 12 foot RV would be screened. She asked if an RV would be permitted on a road that is posted "No Trucks" since they are similar in size and weight. Ms. Jones stated at present, Ormond Beach is a prestigious bedroom community, but asked if it will become "the City of 12 foot RV’s." She urged the City Commission to not allow 12 foot high RV’s to be parked in residential areas. Ms. Tina Share, 1317 Overbrook Drive, offered a cost comparison which showed monthly storage fees for motorized vehicles at approximately $16, as opposed to the cost to fill the tank with gas at $55 and $16 for propane, totaling $71 or four (4) times greater than the storage fees. She contended anyone who is able to afford the new 12 foot RV’s would have the ability to properly store the home in a storage facility. Ms. Share noted vandalism and burglaries did not happen in Ormond Beach at storage facilities in the past 12 months. Ms. Share contended that by altering this ordinance to allow 12 foot RV’s, the Commission is rewarding the negative behavior of RV owners who have ignored City codes and infringed on the rights of the majority. She stated that if this issue were on a ballot, she firmly believes the increased height allowance would be voted down. Ms. Elizabeth Wilhelm, 12 Edgewood Way, reported a petition has been circulated opposing large RV’s which has 1,300 to 1,400 signatures. She informed Commissioner Boyle that most of the people signing these petitions reside in Zone 1. Mr. Dolph Veatch, 43 Alanwood Drive, stated that if this ordinance is passed, it will fall heavily on the older, established portion of Ormond Beach, since all the new communities have covenants against RV storage. He stated thousands of dollars and much time is being spent to renovate downtown Ormond Beach, and it seems foolish to pass an ordinance which will lead to a more rapid deterioration and decline of these established neighborhoods. Mr. Veatch asked what message is being sent about the desirability of storing RV’s on residential lots, since the covenants in newer communities do not permit this type of storage. Ms. Irene Cooney, 6 Alexander Court, advised she will continue to gather signatures on the petition to place this item on a ballot as a referendum question if needed. She stated it is the decision of the City Commission whether to put the City through the expense of a referendum election or not. Ms. Cooney reported as of November 13, 1998, there are 27 RV’s over the 10 foot limit in Ormond Beach. She questioned the method of enforcing the laws if these vehicles are grandfathered in and asked if they will they have to be registered. Ms. Dorothy Davis, 88 Seminole Avenue, stated the 12 foot high, 30 to 40-foot long RV’s sometimes dwarf the owner’s home and create an eyesore. She noted the RV’s are getting larger, but the size of the lots stay the same, which is destroying the residential landscape. Ms. Davis asked the Commission to remember the beachside residents who chose to live in Ormond Beach because of its beauty and laws to protect them. Ms. Barbara Hart, Tomoka Oaks, offered a visualization by asking if anyone would like to have a Greyhound bus parked next to their home. Mr. Thomas Watson stated he is not an Ormond Beach resident, but resides in Volusia County. He stated the people who are gathering signatures have gone outside of Ormond Beach and into the County for signatures on their petition. Mr. Watson suggested checking each name on the petition to determine if they are truly Ormond Beach residents or residents of Volusia County. Mr. Paul McCauley, 110 Rio Pinar, informed the Commission that a referendum election will cost the City over $20,000. He stated a modified vote could save the City this $20,000 which could be spent on something of more use to the City. Mr. Ira Goldberg, 3 Alexander Court, reminded the City Commission of all the money the RV owners spent in following the Ormond Beach’s rules to shield their RV’s. He noted approximately 500 people own RV’s in the City of Ormond Beach. Ms. Wilhelm advised that even if a person does not own an RV, this does not mean they are unconcerned about what the City looks like. Mr. Don Ellis, 435 Hand Avenue, answered Ms. Jones’ concern regarding low branches by pointing out many RV parks have low branches that do not pose a problem. He stated a recent newspaper article depicted RV’s as a fire hazard, yet he questioned why barbecue grills with propane gas and cars with gasoline in garages are not considered a fire hazard. Mr. Ellis noted no RV has caused a fire. He indicated the right to store an RV on your own property is a right that he believes should be maintained. Ms. Wilhelm corrected Mr. Ellis regarding RV’s being a fire hazard. She stated the Fire Departments agree RV’s are fire hazards and combustible. Ms. Joan Ellis, 435 Hand Avenue, noted the same combustibles that are in homes are in RV’s, therefore, fires can happen in a house as well as an RV. She stated that people who have come to the point in life where they can afford an RV, shouldn’t be penalized by housing the RV in a storage facility that may not be safe. Mr. Don Ward stated that if RV’s are outlawed because of bottled gas, all of the grills should be outlawed as well. He indicated many things are stated as facts, but are not true such as the item in the newspaper regarding a 50-foot motor home, when the largest trailer on the highway is 44 feet. Ms. Maryann Davis, 88 Seminole Avenue, stated the point is not to take the RV’s away from their owners. She noted if an RV is stored according to Ormond Beach codes and under the 10 foot minimum, they should be permitted; but to grandfather the 12 foot RV’s that are not in compliance with current codes would encourage non-compliance. Mr. Paul Stahlin, 207 Royal Dunes Circle, noted an argument that started between two (2) neighbors has been fanned out for 11 months, and a crusade to stomp on RV owners has ensued. He stated that 1,000 people may have signed the petition, but there are 26,000 that have not signed it. Mr. Don Ellis stated 12 foot RV’s would have 50% coverage since fences can only be six (6) feet high. Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 32
Commissioner Persis moved for approval of Ordinance No. 98-32, with the following amendments: Section 2.09(A)(3) will read: "No recreational vehicle or equipment shall not be occupied for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use". In Section 2.09(B)(1) the last sentence should read: "However, such temporary parking shall not occur continuously for more than forty-eight (48) seventy-two (72) hours during any continuous thirty (30)-day period." Commissioner Gillooly recommended 24 hours during any seven (7) day period to allow any RV user to load and unload, but the owner would not be able to circumvent the law by parking 48 hours, driving around the block, and then returning to park for another 48 hours. Commissioner Boyle questioned if a 24-hour period is enforceable. Mayor Hood indicated if an RV owner gets in town late on a Sunday evening and must go to work the next day, the 24-hour period may not be long enough to get the RV unloaded and moved. Commissioner Gillooly stated that he has no problem as long as the 48 hours is changed. Mayor Hood asked Commissioner Persis to continue with his motion. Commissioner Persis included in his motion the following amendment: Section 2.09(C)(2) will read: "No vehicle or equipment nineteen (19’) feet or greater in length or ten (10’) feet or taller in height shall be parked or stored on any residential lot except for the following: the vehicle can be stored in a completely enclosed building or garage and can be on the residential premises not to exceed seventy-two (72) hours in any continuous 30-day period shall exceed twelve (12’) feet in height". Commissioner Gillooly noted to accommodate a 12-foot RV, the garage would have to be 14 feet high. Commissioner Persis stated, in essence, his motion would make it virtually impossible to park an RV larger than 10’ by 19’ on a residential lot. Commissioner Gillooly indicated that since setbacks would preclude the type of structure indicated to house RV’s, this would essentially eliminate RV’s. Mayor Hood advised there are lots in the City large enough to construct the recommended garage. Commissioner Gillooly agreed there are those areas in Ormond Beach that would accommodate such a structure, but 95% of the RV owners would not be able to comply. Commissioner Irvin stated she has an RV housed in a garage with an elephant door. Commissioner Boyle noted the goal has been to try to find a balance between the rights of RV owners and those people who do not own RV’s. He stated a majority of the people who have contacted him have indicated they support the 12 foot height limit. Commissioner Boyle explained this issue has become so divisive that people in Tomoka Oaks have received calls asking them to file complaints about their neighbors. He stated he asked the Fire Inspector if the information in the flyer regarding RV’s being fire hazards is true and was informed it was not. Commissioner Boyle pointed out that in 10 years, only one complaint had been filed, and this issue is merely a quarrel among two neighbors. He noted the larger RV’s have been in Ormond Beach for a long time, the law just did not recognize that fact. He stated that although there are many people who oppose RV’s, this Commission is elected to protect the rights of the few that would be trampled by the many, even though it is unpopular. Commissioner Boyle explained the proposed changes, as passed on first reading, have been unanimously approved by staff and near unanimous approval by the Planning Board. He noted he was informed the increase in height limitation to 12 feet was almost a legal necessity to correct an obsolete law which was unenforceable. Commissioner Boyle reminded the Commission that parking RV’s on private property has been a right of the citizens of Ormond Beach for 30 to 40 years. He stated apart from the increased height, the other changes are tighter restrictions which would severely limit new RV’s coming into Ormond Beach. Mayor Hood asked Commissioner Persis for clarification if he recommends deleting (C)(1) though (6) and replacing those sections, or adding new language to the existing section; whereby, Commissioner Persis replied certain portions of items (1) through (6) will be changed, but not totally deleted. Mayor Hood noted if industry standards have changed and the 10 foot height limitation is no longer practical, it is unreasonable to not update the laws to accommodate the current standards; yet there is also a valid argument that if the unit is 12 feet high, it can be 30 to 40 feet long which is too large and inappropriate in neighborhoods. Therefore, Mayor Hood stated he would approve a 12-foot height, but the length should be limited, and the grandfathering issue is a separate issue entirely. Commissioner Boyle stated Mayor Hood’s suggestion sounds like a good idea, but it is a new idea that has not been examined by staff or the Planning Board; therefore, if substantively new language is to be added, the public needs the right to respond to these new ideas so they don’t create new problem or new loopholes. He suggested another public hearing to thoroughly examine these ideas. Mayor Hood indicated this is unnecessary, and he is ready to vote at this meeting. Mr. Randal Hayes, City Attorney, stated that at some point the procedures will be subject to challenge; therefore, care is needed. He stated if Commissioner Persis has completed his remarks with respect to proposed changes to amend, it would be appropriate to call for a second and then act on it. Commissioner Persis continued by including in his motion the following amendments to Section 2.09: "All recreational vehicles and equipment purchased and stored on a residential premises on or before November 17, 1998, would be permitted to remain on that same lot with the same owner. These grandfathered recreational vehicles shall not be used for living, sleeping or housekeeping purposes. They should be limited to those owned by the occupant of the dwelling unit. They should be stored as close to the dwelling unit as possible subject to the provisions of the Land Development Code. They should be screened by six (6) foot high permanent fencing, and the fencing must shield the entire RV width and length from the front plane and the closest neighboring lot." Mayor Hood called for a second on Commissioner Persis’ motion. Commissioner Irvin asked for clarification on Commissioner Persis’ motion. Mayor Hood explained Commissioner Persis moved to adopt Ordinance No. 98-32 with the following amendments: Section 2.09(A)(3) is to read: "No recreational vehicles shall be occupied for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use." Item (B)(1) changes the 48 hours to 72 hours during any continuous 30-day period. Item (C)(2) would be revised to read: "Not to exceed 10 feet in height or 19 feet in length." Mayor Hood stated the grandfathering issue Commissioner Persis noted was already dealt with in the ordinance, but Commissioner Persis’ motion included a date of November 17, 1998. Commissioner Irvin asked if the grandfathering covers only those RV’s that are stored on property now, not those that are stored in a storage facility; whereby, Mayor Hood agreed that is a correct assumption. Commissioner Boyle asked if the grandfathering covers the homeowner and the home, but not the recreational vehicle; whereby, Commissioner Persis stated an RV owner could purchase a new RV, but not store it on his lot. Commissioner Gillooly clarified that if an owner of a 12 foot RV wishes to trade his RV in on a newer model, it would have to be 10 feet by 19 feet if he wanted to continue to store it on his lot, and Commissioner Persis agreed this was correct. Commissioner Boyle questioned that this means the homeowner, the home and the RV are being grandfathered; whereby, Mayor Hood and Commissioner Persis agreed that this is correct. Mayor Hood asked if there were a second to Commissioner Persis’ motion. There being none, the motion died for lack of a second. Commissioner Gillooly moved to accept Commissioner Persis’ motion except for the grandfathering. Commissioner Persis asked if the 10 foot height limitation would be grandfathered in; whereby, Commissioner Gillooly stated up to 10 feet is legal, but anything above that is now illegal and should continue to be illegal. Mayor Hood explained if the motion is passed, the Commission is grandfathering in people who are already complying with the law because the height has not been changed; hence the argument is a nullity and the grandfathering is not particularly relevant. He stated the only place the grandfathering is relevant is the setbacks or the rule where the owner is placing the RV further away from their home than they should, but not the height. Commissioner Gillooly stated he believes the new setbacks would be a terrible hardship on RV owners and shouldn’t be imposed upon them. Commissioner Gillooly noted his motion does not grandfather the 12-foot RV’s presently on residential property. Mayor Hood asked Mr. Hayes if he agreed that to accomplish Commissioner Gillooly’s goal in this motion, he simply needs to move to adopt Ordinance No. 98-32 with the exception of amending Item (C)(2) which would be revised to read: "Not to exceed 10 feet in height." Mr. Hayes replied that is correct. Commissioner Irvin seconded the motion. Mayor Hood suggested adding the 19-foot length limitation as another protection. Commissioner Gillooly amended the motion, seconded by Commissioner Irvin, to include a 19-foot length limitation. Commissioner Persis noted he does not want to pass an ordinance to penalize a person who owned an RV and complied with all of the rules prior to this date; thus, he does not favor the length rule. Commissioner Gillooly withdrew his amendment. Commissioner Boyle urged the City Commission to allow the grandfathering to extend to individuals wishing to replace an RV, noting that by not doing so encourages owners to keep older motor homes on their property. Commissioner Irvin noted she disagrees with grandfathering since the laws are known, but violated, and then the RV owners want the law changed to condone the violation. Mayor Hood agreed with Commissioner Gillooly’s motion, but he stated Commissioner Persis’ recommendations regarding Section 2.09(A)(3) which reads: "No recreational vehicles shall be occupied for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use," and Item (B)(1) which changes the 48 hours to 72 hours during any continuous 30-day period are valid suggestions as well. Commissioner Gillooly moved to amend, seconded by Commissioner Persis, to include: Section 2.09(A)(3) is to read: "No recreational vehicles shall be occupied for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use," and to revise Item (B)(1) from 48 hours to 72 hours during any continuous 30-day period. Mr. Kevin Denny, Acting Planning Director, asked that the two (2) fencing regulations be added relative to the six (6) foot height and no variance permitted. Mayor Hood asked if the motion and second included a six (6) foot height requirement for fencing with no fencing variance permitted, and Commissioners Gillooly and Commissioner Persis concurred. Mayor Hood noted the first vote will be on the motion to amend with the six (6) foot height requirement, no variance on fencing, and the language on Sections 2.09(A)(3) and (B)(1).
Commissioner Persis asked to discuss item (2)(B). Commissioner Gillooly recommended visiting vacationers should be required to obtain a permit, at no charge, allowing them to park in a driveway for a definite limited time period with a fixed expiration date. He stated this permit should be placed in a conspicuous location on the RV and be visible from any adjacent roadway. He noted although this permit would increase the workload at City Hall, there would not be an overwhelming number of permits issued; thus, it would not overburden staff. Mayor Hood noted that people have to be good neighbors, and he opposed the idea of additional bureaucracy in obtaining a permit. He recommended changing the seven (7) days to 21 days. Commissioner Gillooly amended the motion to change Section 2.09(B)(2) from seven (7) days to 21 days. Commissioner Persis opposed the amendment and reported he would prefer lowering the seven (7) days to three (3) days. Mayor Hood stated there are times visitors stay an entire week, such as during Race Week; and he asked if Commissioner Persis would agree to 14 days. Commissioner Persis recommended leaving the seven (7) days as proposed. The amendment died for lack of a second.
Item #8(C) - Amend Zoning Map - Waterford Subdivision Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 48
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-48 on second reading, as read by title only.
Item 8(D) - Volusia Road Vacation Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 49
Commissioner Gillooly moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-49, on second reading, as read by title only.
Item #8(E) - Second Cycle 1998 Comprehensive Plan Amendments Ms. Harriet Damesek, 4 Sandpoint Circle, commended staff for creating the very well done Evaluation Appraisal Report (EAR.) She also expressed appreciation to Mr. Fred Baughman, Economic Development Director, and Ms. Judy Sloane, City Engineer, for a very impressive tour of the Airport Industrial Park. Ms. Damesek noted agreement with the City Manager’s memorandum recommendation in that the existing properties at the Airport park that are already platted should be accepted when they want to expand, but she suggested specific language for Phases I and II specifying the existing properties (Command Medical, Atlantic Coast Aluminum and FABRA, USA.) She also recommended removing Ormond Business Center from the regulation since everything is completed and all the wetlands have been impacted or destroyed. Ms. Damesek noted that in Phase III there is a small wetland that will be impacted by the new roadway. She asked that a culvert be constructed so the small isolated section will be connected to the larger wetland. Ms. Damesek recommended the Environmental Advisory Board (EAB) be convened as soon as possible because there are issues in the EAR that should be discussed to possibly amend or revise certain items for the next cycle of amendments. Mr. Michael Slick, 54 South Center Street, representing Command Medical, requested the Commission support the amendments requested in order to allow Command Medical to stay in Ormond Beach. He reported Command Medical currently employees 150 people, and they are hoping to expand shortly. Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 98 - 50
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-50, on first reading, as read by title only, except to add specific language for existing properties in Phase I and II, removing Ormond Business Center from the regulation, and constructing a culvert connecting the small isolated wetland section to the larger wetland in Phase III.
Item #8(F) - Dangerous Dogs Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 98 - 51
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-51, on second reading, as read by title only.
Item #8(G) - Tree Protection Replacement Commissioner Gillooly moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(G). The motion carried unanimously. ORDINANCE NO. 98 - 52
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 98-52, on second reading, as read by title only.
Item #9(A) - General Obligation Bond to Finance a Police and Fire Facility ORDINANCE NO. 98 - 53
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-53, on first reading, as read by title only. Commissioner Boyle expressed concern whether $3,500,000 will offer sufficient funds to complete both the Fire and Police facilities. He stated that while this referendum question is going before the people of Ormond Beach, the timing would be perfect to include a question to ask the citizens if the Ormond Beach City Commission should return to being elected for two (2) year terms. Commissioner Boyle noted four (4) year terms were an experiment the City embarked upon four (4) years ago, and the voters deserve a chance to decide if they wish to continue this experiment. Commissioner Boyle moved to amend to add a second question on the ballot to ask if the Ormond Beach City Commission should return to being elected for two (2) year terms. Mayor Hood stated it is his interpretation of the "Thompson Rule" that this issue needs to be placed on the next agenda for discussion. Mr. Hayes replied that this is true only if additional written material needs to be considered, but if there is no additional material, it can be discussed tonight. Mayor Hood noted that his interpretation was that if a vote is required, it must be taken to the next meeting if it is not on the agenda. Commissioner Boyle stated that if putting this off to another agenda would not preclude this question from appearing on the ballot, he is willing to delay this discussion to a subsequent meeting. Mayor Hood asked if there were a timeframe problem; whereby, Eugene Miller, City Manager, stated there is not a time problem with Commissioner Boyle’s suggestion. Mr. Miller recommended separating the two issues, voting on the bond issue tonight and discussing the term issue at the next meeting, which would still give staff adequate time to advertise any proposed referendum. Commissioner Boyle withdraw his motion to amend. Mayor Hood asked that Commissioner Boyle’s recommendation regarding terms be placed on the next agenda. Mr. Russ Nicastro, 6 Mimosa Trail, questioned the City’s bond rating; whereby, Mr. Miller replied the City’s rating is equivalent to AA. Mr. Paul M. Lane, Finance Director, stated the bond issue would move forward on an insured basis where the rating of the City would not be of significance. He stated the cost of the insurance is $11,000. Mr. Nicastro asked what the probable rate of interest would be; whereby, Mr. Lane replied the rate would probably be in the mid-four (4%) percent range.
Item #9(B) - Establishing Sunset Review Dates for Boards and Committees ORDINANCE NO. 98 - 54
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-54, on first reading, as read by title only. Commissioner Gillooly amended the motion, seconded by Commissioner Persis, to delete the Board of Appeals in order to discuss it at the next City Commission meeting.
Item #9(B) - Economic Development Program ORDINANCE NO. 98 - 55
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-55, on first reading, as read by title only. Commissioner Boyle advised of the three (3) elements listed for economic development, he favors the first and the second as long as the spec building is adaptable for changes or expansion as desired by the leasee or buyer, but he opposes the third element. He expressed concern regarding the pricing policy of Phase III of the business park since there are very few lots left, and it would not be equitable to the business owners in Phases I and II to reduce the price for Phase III. Commissioner Boyle stated the City has already been observing strict policies on bringing only businesses that would create value added jobs to Ormond Beach and the slow, but steady pace has served the City well. Commissioner Boyle moved to amend, seconded by Commissioner Irvin, to delete the pricing policy element of this Ordinance.
Mr. Miller asked if the City Commission wants staff to abandon the program in which the City would give up to $1,000 per job in addition to Volusia Business Development Corporation’s job opportunity funding. Mayor Hood stated this is a different issue, and he would be willing to discuss the opportunity fund for value-added jobs. Commissioner Boyle indicated that the County-wide opportunity fund is working well, and this would be a duplication and unnecessary. Commissioner Persis, Commissioner Gillooly, and Commissioner Irvin agreed with Mayor Hood and would like to keep the option for the opportunity fund open. Item #10(A) - Insurance Requirements and Waivers RESOLUTION. 98 - 205
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-205, as read by title only. Commissioner Boyle commended staff on the work in preparing this Resolution and agreed with all the provision except that provision as noted in Exhibit C, Item F, 5 which requires at least 75% of the members and attendees to be residents of the City of Ormond Beach. He recommended the word "majority" replace the 75%. Commissioner Boyle moved, seconded by Commissioner Gillooly, to amend Item F, 5 in Exhibit C to replace the 75% criteria with the word "majority." Commissioner Persis also commended staff for the excellent job. He questioned Item F, 2 in Exhibit C and expressed concern that 50 members is excessive. Commissioner Persis noted a group with 50 member should be able to afford the City’s reasonable policy or obtain insurance independently. Mr. Al Legg, Risk Manager, agreed with Commissioner Persis’ statement and pointed out that with 50 members, the fee would be $22 per meeting or $.44 per person. Commissioner Gillooly asked Mr. Legg if staff is recommending no waivers; whereby, Mr. Legg concurred and stated staff strongly recommends the best plan is the one presently in place. Commissioner Gillooly asked what the City’s policy was previously. Mr. Legg explained the City had a minimum insurance requirement, but it was not being monitored. Commissioner Gillooly stated the cost is minimal; therefore, he agreed with staff. Commissioner Boyle stated while the $22,000 paid to claimants over four (4) years is significant, the people using the facility pay taxes for the use of these facilities. Mayor Hood called a vote on the motion to amend to change 75% to a majority in Exhibit C, Item F, 5.
Commissioner Persis asked for clarification on the underlying motion. He asked if a "yes" vote would cause a charge to be levied; whereby, Commissioner Boyle stated the Commission would be voting for items 1-9 in the staff report. Mayor Hood explained Resolution No. 98-205 basically implements the criteria on the first page of the staff report; therefore, if this ordinance is adopted, the criteria that is articulated in the November 12, 1998, memorandum would be adopted. Mr. Miller added that since the City adopted the current policy, staff has been contacted by several municipalities using it as a model. He noted there is more and more concern with the potential for litigation, and he again recommended not approving this Ordinance but continuing with the present policy. Mayor Hood explained if the Commission votes for this resolution, they are discontinuing the current program and adopting different criteria. He further explained a "yes" vote is a vote for the waiver with the criteria shown in the memo, but a "no" vote would keep the program that is currently in place, which is recommended by staff.
Item #10(B) - Police Station Architectural Services RESOLUTION. 98 - 195
Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Resolution No. 98-195, as read by title only.
Item #11 - Revised U.S. Airships Construction Schedule Commissioner Boyle stated last summer the City Commission was told groundbreaking would occur by September; a September memorandum indicated it would occur in January; and this report indicates it will occur in mid-April. He noted this project has been delayed eight (8) months and asked why the delay occurred and what the delay is costing the City in lost rent and business opportunities. Mr. Fred Baughman, Economic Development Director, explained that when the architect was working on the footprint of the hangar, it was determined they needed additional land. He stated the City provided the additional land, and at that time the attorney determined that the "due diligence" paragraph took place from the time the additional land was granted to allow the company additional time to do soil borings. Mr. Baughman noted WDL has hired an architect and a construction company to start the site plan, and the project is moving forward at this point. Commissioner Boyle noted Article 7.8 of the lease stipulates that if a Conditional Use Permit is not issued within six (6) months of the execution of the agreement, either party has the right to cancel the agreement. He asked if the City is now in a position where either party can walk away from this agreement and whether this has left the City in a vulnerable position. Mr. Baughman stated the City is in the same position it was in when the lease was executed on March 24, 1998. He noted that the attorney also indicated that, referring to the paragraph dealing with the Conditional Use Permit, the clock started again at the time the additional land was added to the site. Mayor Hood noted WDL has hired their project manager and spent a great deal of money designing the operation. He stated WDL has too much money tied to this project to not go through with it. Mr. Baughman explained that the contract between the construction company and the airship company has a schedule with penalties if the site plan is not delivered and approved by the dates listed. Mayor Hood noted, regarding Commissioner Boyle’s question as to loss in rent, no one else has contacted the City to lease this property, and there has been interest from another company to locate to the north of this parcel due to the airship company coming into the Airpark. Mr. Baughman stated two (2) additional lots are available, and he has been contacted by people interested in leasing these two (2) additional lots. Commissioner Boyle asked if the State grants were secure; whereby, he was informed there were no problems. Commissioner Boyle questioned if there were any deadlines connected to this project, and Mr. Baughman replied there is an end deadline to start construction by a date specific. Commissioner Boyle presented a copy of a Time Magazine cover story dated November 9, 1998, which is titled Corporate Welfare. He stated every public official who has a vote on a decision on economic incentives for corporations should read the article. Mayor Hood advised that this is a business that is bringing jobs and close to $250,000 in cash, along with a corporate citizen who has already inquired as to how he can spend money to help the children in this community. Item #12 - Audience Comments On Agenda Items There were no audience comments. Item #13 - Reports, Suggestions, Requests Closing Audience Comments Commissioner Boyle noted the closing audience remarks portion of the meeting has been skipped repeatedly and asked if anyone in the audience had any comments. None were forthcoming. Staff Accolades Commissioner Boyle expressed appreciation to staff for the tour of the Airport Business Park and all the other tasks they perform. He especially thanked Ted MacLeod, Public Works Director, and Police Chief Mathieson for their prompt responses to certain issues. Commissioner Boyle wished everyone a happy Thanksgiving. Stormwater Project Commissioner Irvin thanked the people of Lucky Drive, Seminole Drive, Arlington Way, Willis Drive and the other areas affected by the stromwater project for their patience and understanding. She noted she was told the job would be completed December 10, 1998, but it was delayed; and then she was informed the date would be December 25, 1998. Commissioner Irvin stated she later learned the contractor gave another update, with the estimated completion date now mid-February. She apologized for the delays and incorrect completion dates, but stated that when completed, the job will be well worth the wait. Commissioner Irvin also thanked Judy Sloane, City Engineer, and staff for helping her with these issues. Sidewalk at Magic Forest Commissioner Persis asked Ms. Sloane when the sidewalk would be constructed now that the money has been appropriated. Ms. Sloane replied that normally construction could start within 30 days, but with the holidays, it will probably not start until January, with completion by the end of February. Item #14 - Close The Meeting The meeting was adjourned at 9:25 PM. |
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