DECEMBER 1, 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

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Rabbi Pinchas Ezagui, Chabad Lubavitch of Greater Daytona.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the November 17, 1998, meeting.
  5. AUDIENCE REMARKS:
  6. CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commissioner, no discussion on individual items will occur and a single motion will approve all items.
  1. Resolution No. 98-206 authorizing the Mayor and the City Manager to execute a Utility Relocation Agreement with the State of Florida, Department of Transportation regarding certain improvements to be made to State Road A1A between State Road 40 and Roberta Road; authorizing transmittal.
  2. Resolution No. 98-207 authorizing the Mayor and the City Manager to execute a Utility Relocation Agreement with the State of Florida, Department of Transportation regarding certain improvements to be made to State Road A1A and extending approximately 250 feet north and south of Osceola Avenue; authorizing transmittal.
  3. Resolution No. 98-208 authorizing the purchase of six (6) automobiles for the Police Department under a bid accepted by the State of Florida; authorizing the execution and issuance of a purchase order therefor and payment thereunder; declaring existing vehicles to be surplus and authorizing their disposition. (Duval Ford - $137,244)
  4. Resolution No. 98-209 authorizing the execution of a Memorandum of Agreement between the City and the State of Florida, Department of Transportation, for the maintenance of State road rights-of-way by the City.
  5. Resolution No. 98-210 declaring the intention of the City Commission to consider vacating that portion of Rosewood Avenue and Pine Street rights-of-way located west of North U.S. 1 and directly north of the property known as Starlite Skate Center; establishing a time certain for a public hearing.
  6. Resolution No. 98-211 accepting a proposal to provide engineering and construction services necessary to relocate four City wells; rejecting all other proposals; authorizing the execution of a Work Authorization Contract and payment therefor. (Division Avenue Wellfield Rehabilitation Project - Camp Dresser & McKee - Not to exceed $397,232.63)
  7. Western service area relief force main.

DISPOSITION: Accept report in City Manager memorandum dated November 25, 1998.

  1. Review of options for water service on Calle Grande.

DISPOSITION: Accept report in City Manager memorandum dated November 25, 1998.

  1. PUBLIC HEARINGS:
  1. Ordinance No. 98-50 adopting certain amendments to the City of Ormond Beach Comprehensive Plan. (First Reading of Second Cycle 1998 Comp Plan Amendments)
  1. EAR-Based Amendments:

The City proposes amendments based on the recommendations of the adopted Evaluation and Appraisal Report to various Objectives Goals and Policies of the following elements:

  1. Transportation Element.
  2. Capital Improvements Element.
  3. Utilities Element.
  4. Future Land Use Element.
  5. Coastal Management Element.
  1. Non-EAR-Based Amendments:
  1. Conservation Element: Amend Policy 5.2.3, Objective 5.4, Policies 5.4.11, 5.4.16, 5.4.46, 5.4.49, and 7.2.1.
  2. Coastal Management Element: Amend Objective 2.2.
  1. Ordinance No. 98-53 authorizing the issuance of up to $3,500,000 of general obligation bonds of the City of Ormond Beach, Florida, in order to finance the replacement of certain police and fire facilities and the cost of capitalizing the interest on such bonds; providing for and calling a Public Safety Bond Election of the qualified electors residing within the City, to be held on February 23, 1999, on the question of the issuance of such general obligation bonds. (Second Reading)
  2. Ordinance No. 98-54 amending Article VI of Chapter 2 of the Code of Ordinances by establishing sunset review dates and procedures for boards and committees. (Second Reading)
  3. Ordinance No. 98-55 establishing an economic development program, including requirements for economic development and ad valorem tax exemption and development of speculative buildings within the City of Ormond Beach, Florida. (Second Reading)
  1. FIRST READING OF ORDINANCE No. 98-56 relative to purchasing; amending Section 2-300 of the Code of Ordinances by adding thereto a supplemental purchasing method to be utilized under specified circumstances; ratifying prior actions.
  2. DISCUSSION ITEMS:
  1. Request for the City Commission to reconsider its previous action on Riverside Drive closure.
  2. Cost of living increase of pension benefits for General Employee retirees.
  3. Proposal to increase the size of the skatecourt park.
  4. LDC setback and buffer provisions regarding industrial uses abutting residential uses.
  5. Non-conforming building setbacks related to Ormond Holiday Club Condominium.
  6. Suggestion for a Charter amendment referendum concerning Mayor and Commission terms.
  1. AUDIENCE COMMENTS ON AGENDA ITEMS: (Not to include Public Hearing matters.)
  2. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
  3. Close the meeting.

Item #1 - Call to Order

Mayor Hood called the meeting to order at 7:00 PM.

Item #2 - Invocation

The invocation was given by Rabbi Pinchas Ezagui, Chabad Lubavitch of Greater Daytona.

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 17, 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 Gillooly, to approve the minutes as submitted.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #5 - Audience Remarks

Three Chimney’s

Mr. Ceylon Barclay, 1239 Oceanshore Boulevard, Chairman of the Ormond Beach Historical Trust Committee on the Three Chimneys Rum Distillery Ruins, explained Mr. Richard Oswald, Ormond Beach’s first property owner and America’s first rum manufacturer, set up a rum distillery on what is now known as the Three Chimneys property on Granada Boulevard in June 1764. Mr. Barclay noted in June 1998 the Commission voted to apply for a State matching grant for preliminary planning and survey work at the site. Mr. Barclay reported that members of the Ormond Beach Historical Trust have completely excavated the brickworks, cleared the brush, and are stabilizing the ruins from further deterioration, and fundraising efforts have been assisted by newspaper articles documenting the progress. Mr. Barclay reported a trail is blazed to a 21-foot circumference water oak tree near the ruins which, once registered, will be among the top 20 oaks in the State of Florida; and on July 2, 1998, the Three Chimneys was added to the State’s Most Endangered List which gave it priority funding.

Mr. Barclay stated the property was purchased for $294,000 in 1994 and appraised at $825,000, but this did not take into account the developablity or the actual acreage of the site. He stated this $825,000 figure would be modified after the trees are flagged, public versus private issues and wetlands addressed, and the ruins fully delineated. Mr. Barclay reported the Three Chimneys site project was selected first for funding by the State, and the property owner extended the licensing agreement to allow entry and work to continue on the property through 1999.

Mr. Barclay requested the City to fund $7,000 to reach the $10,000 matching grant needed so planning and survey work can be completed. He noted $2,400 have been raise in donations, and it is possible the Trust could meet the match, but it would deplete their funds. He also asked the City Commission to approve a second grant application, which opens in February 1999, to assist in the purchase of the Three Chimneys property. Mr. Barclay also requested the City join the Trust’s efforts in educating the residents about the historical significance of Richard Oswald and the Three Chimneys as outlined in the brochures being circulated.

Mayor Hood asked that these requests be placed on the next agenda along with staff recommendations.

City Commission Recreational Vehicle Decision

Mr. Don Ward, 1214 Parkside Drive, expressed disappointment in the decision made by the City Commission regarding the recreational vehicle (RV’s) issue at the last City Commission meeting. He stated this decision has made it almost impossible for residents to bring boats or RV’s into the City and discourages them from upgrading to newer models. Mr. Ward advised he checked the zoning requirements before he purchased property in Ormond Beach and followed the requirements, only to be told now that the rules are changed. He pointed out that the Planning Board made recommendations to the City Commission which were totally ignored. Mr. Ward warned that this issue is not settled, and a lawsuit will be filed.

New Chamber of Commerce President

Ms. Peggy Farmer, 5 North Ravenfield Lane, expressed appreciation to the City Commission for appointing her for five (5) years to the Planning Board. She stated she looks forward to working with the Commission in her new capacity as President of the Chamber of Commerce.

Mayor Hood spoke for the entire Commission in thanking Ms. Farmer for her outstanding service, and advised he is looking forward to working with her in the future.

Code Enforcement Complaint

Mr. Lawrence Cook, 1529 North Beach Street, stated at that last two (2) meeting he has asked the same question: "Did the City Manager meet his obligation to the City when he failed to see that that subordinate was factual and truthful with the citizens."

Mayor Hood explained that Mr. Cook’s problem occurred when he was not elected to the City Commission and Mr. Miller was not City Manager. He stated there is nothing anyone can do to change what happened in 1989, and apologies have been made numerous times. Mayor Hood stated it is Mr. Cook’s right to come back to the Commission, but he discouraged it in this case because it gains nothing for anyone. He asked exactly what action Mr. Cook wants the City Commission to do so they can vote to oblige him or not to oblige him, but stated this matter needs to be resigned once and for all.

After Mr. Cook failed to provide a resolution to the situation and refused to leave the podium, Mayor Hood asked the police officer at the meeting to escort Mr. Cook from the podium.

Traffic on Riverside Drive

Ms. Lisa Mirante, 202 Riverside Drive, noted the City Commission concurred that a traffic problem exists on Riverside Drive and had indicated methods of slowing traffic were to be considered. She asked if any decisions have been made in this regard, and if not, she asked if she and other interested residents would be able to attend a workshop to discuss options.

Mayor Hood asked Mr. Miller to have a report ready for the City Commission by mid-January and invite Ms. Mirante and other interested parties to attend a workshop.

Mr. Eugene Miller, City Manager, assured Ms. Mirante that staff is interested in the safety of the people of Riverside Drive and will do anything possible to attain that goal.

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.

Commissioner Boyle asked that Items #6(A), (B), (D), (F), and (G) be discussed separately.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda, minus Items #6(A), (B), (D), (F), and (G).

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #6(A) - Utility Relocation Agreement - A1A and Roberta Road

RESOLUTION. 98 - 206

A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN IMPROVEMENTS TO BE MADE TO STATE ROAD A1A BETWEEN STATE ROAD 40 AND ROBERTA ROAD; AUTHORIZING TRANSMITTAL; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-206, as read by title only.

Commissioner Boyle asked if it would be feasible to approve this Resolution with a stipulation not to exceed $20,000 with any additional costs brought back to the City Commission, since this is an estimated cost on this project.

Mr. Ted MacLeod, Public Works Director, stated the timing is important, and the City must be ready with the funding when the Department of Transportation requests it. He stated if there is a substantial difference in costs, staff would bring the issue back to the City Commission.

Commissioner Persis stated that the City is required to pay for the relocation whatever the cost.

Commissioner Boyle noted he only brought the issue up because it is a procedural change from other projects where a specific amount is approved with change orders if the cost is higher; whereby, Mr. MacLeod explained the difference is that this is a Florida Department of Transportation project, and the City has no option but to comply.

Mayor Hood agreed the City has no alternative regardless of the cost, but if it is determined staff is not spending money efficiently, that can be dealt with.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #6(B) - Utility Relocation Agreement - A1A and Osceola Avenue

RESOLUTION. 98 - 207

A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A UTILITY RELOCATION AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION REGARDING CERTAIN IMPROVEMENTS TO BE MADE TO STATE ROAD A1A AND EXTENDING APPROXIMATELY 250 FEET NORTH AND SOUTH OF OSCEOLA AVENUE; AUTHORIZING TRANSMITTAL; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-207, as read by title only.

Commissioner Boyle stated his concerns were addressed in the Item 6(A) discussion.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #6(D) - Maintenance of State Road Rights-of-way

RESOLUTION. 98 - 209

A RESOLUTION AUTHORIZING THE EXECUTION OF A MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD RIGHTS-OF-WAY BY THE CITY; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-209, as read by title only.

Commissioner Boyle noted on page 34 of the budget, the income for maintenance of rights-of-way was shown at $70,000 for the coming fiscal year and previously the figure was $139,000. He asked why there is such a large discrepancy.

Mr. Ted MacLeod, Public Works Director, explained part of this income is under the Stormwater Utility Fund and part is under the General Fund, where in previous years it was under one account.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #6(F) - Bid To Relocate Four City Wells

RESOLUTION. 98 - 211

A RESOLUTION ACCEPTING A PROPOSAL TO PROVIDE ENGINEERING AND CONSTRUCTION SERVICES NECESSARY TO RELOCATE FOUR CITY WELLS; REJECTING ALL OTHER PROPOSALS; AUTHORIZING THE EXECUTION OF A WORK AUTHORIZATION CONTRACT AND PAYMENT THEREFOR; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-211, as read by title only.

Commissioner Boyle expressed concern that only one (1) bid was received.

Mr. MacLeod advised this request for proposal was sent to five (5) different continuing contractors, but only one (1) provided a proposal. He stated staff is very comfortable that this is a good price and that the City will get a good project from the successful bidder.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #6(G) - Raw Sewage Flowing Through Coquina Point to the Lift Station

Commissioner Persis moved, seconded by Commissioner Irvin, to adopt the staff recommendation to include this study in the update to the City’s Water and Wastewater Master Plan.

Commissioner Boyle stated Ms. Harriet Damesek, who originally brought this issue to the attention of the Commission, has some questions and asked if she could address them at this time.

Ms. Harriet Damesek, 4 Sandpoint Circle, asked for clarification of the City Manager memorandum which states, "The 10-inch gravity sewer in the Coquina Point subdivision was originally sized to serve by gravity the subdivision and other flows from the west…." She questioned which flows from the west this referred to.

Mr. MacLeod explained that at the time the sewer was built, there were no specific developments projected, but the sewer was sized adequately to provide for additional flows if and when they were required. Ms. Damesek asked what the normal size for a sewer is; whereby, Mr. MacLeod replied an eight (8) inch sewer is normal, irrespective of flow.

Ms. Damesek noted the workers who cleaned out the sewer indicated the flushing would not be useful because the water keeps on coming. Mr. MacLeod reported staff inspected the sewer to determine its capacity and determined when the pump station is discharging into that system, it is at about 50% capacity, but when the pump station was not pumping and the flow was very low, there was still water being retained in the sewer. He added that this may be an indication there may be some solids causing the water to pond.

Ms. Damesek asked if the new force main will relieve some of the developments coming in along Hand Avenue or if it is just for the new developments located south of SR 40 to I-95; whereby, Mr. MacLeod indicated the Master Plan currently in development will review what is connected to that system. He stated there is now a force main connected to that system that delivers most of the flow from the west and probably that force main will be disconnected and run directly to the 5M lift station.

Commissioner Persis asked for clarification regarding the memo which stated at one point that "the cost to be approximately $500,000" and at another point "the cost and the schedule for the recommended improvement will be identified in this report." Mr. MacLeod explained that this project had been identified as an element in the Capital Improvement Program, but since staff is doing a Master Plan for the system, it will be reconsidered regarding options, potential cost of the options, and the priorities for funding system-wide. He noted the costs and the schedule could change based on prioritization of all the projects in the Master Plan.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #7(A) - Second Cycle 1998 Comprehensive Plan Amendments

Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(A). The motion carried unanimously.

ORDINANCE NO. 98 - 50

AN ORDINANCE ADOPTING CERTAIN AMENDMENTS TO THE CITY OF ORMOND BEACH COMPREHENSIVE PLAN; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-50, on second reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #7(B) - General Obligation Bond to Finance a Police and Fire Facility

Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(B). The motion carried unanimously.

ORDINANCE NO. 98 - 53

AN ORDINANCE AUTHORIZING THE ISSUANCE OF UP TO $3,500,000 OF GENERAL OBLIGATION BONDS OF THE CITY OF ORMOND BEACH, FLORIDA, IN ORDER TO FINANCE THE REPLACEMENT OF CERTAIN POLICE AND FIRE FACILITIES AND THE COST OF CAPITALIZING THE INTEREST ON SUCH BONDS; PROVIDING FOR AND CALLING A PUBLIC SAFETY BOND ELECTION OF THE QUALIFIED ELECTORS RESIDING WITHIN THE CITY, TO BE HELD ON FEBRUARY 23, 1999, ON THE QUESTION OF THE ISSUANCE OF SUCH GENERAL OBLIGATION BONDS; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-53, on second reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #7(C) - Establishing Sunset Review Dates for Boards and Committees

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #7(C). The motion carried unanimously.

ORDINANCE NO. 98 - 54

AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES BY ESTABLISHING SUNSET REVIEW DATES AND PROCEDURES FOR BOARDS AND COMMITTEES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-54, on second reading, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #7(D) - Economic Development Program

Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(D). The motion carried unanimously.

ORDINANCE NO. 98 - 55

AN ORDINANCE ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM, INCLUDING REQUIREMENTS FOR ECONOMIC DEVELOPMENT AND AD VALOREM TAX EXEMPTION AND DEVELOPMENT OF SPECULATIVE BUILDINGS WITHIN THE CITY OF ORMOND BEACH, FLORIDA; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-55, on second reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #8 - Supplemental Purchasing Method

ORDINANCE N0. 98 - 56

AN ORDINANCE RELATIVE TO PURCHASING; AMENDING SECTION 2-300 OF THE CODE OF ORDINANCES BY ADDING THERETO A SUPPLEMENTAL PURCHASING METHOD TO BE UTILIZED UNDER SPECIFIED CIRCUMSTANCES; RATIFYING PRIOR ACTIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-56, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood yes

Item #9(A) - Reconsider Previous Action Taken on Riverside Drive Closure

Mayor Hood stated to reconsider a prior City Commission action, one of the Commissioners who voted for Riverside Drive to remain open would have to change their vote. He noted in this case, Commissioner Boyle, Commissioner Irvin or Commissioner Gillooly would need to make a motion to reconsider the issue before the Commission could approve a rehearing. No motion was forthcoming.

Item #9(B) - Cost-of-Living Increase of Pension Benefits for General Employee Retirees

Commissioner Boyle distributed a letter he received from Terry Sciotto dated October 7, 1998. He noted the Code of Ordinances stated, "The pension board shall annually consider recommendations to the City Commission for cost of living adjustments." Commissioner Boyle asked Mr. Lane if staff and the actuarial consultant have directed the pension board to only make these recommendations every three (3) years; whereby, Mr. Paul M. Lane, Finance Director, agreed this is correct. Commissioner Boyle asked how much money is in the pension fund, and Mr. Lane replied approximately $19 million is in the pension fund earning approximately 11% or 12% return for the 1998 fiscal year.

Mayor Hood indicated the real question is how much, actuarially, needs to be reserved. He stated whatever the stock market is at is irrelevant, but how much the City must fund in order to give the benefits currently in place needs to be considered. Mr. Lane explained that if an increase is given more often than every three (3) years, it must be funded for the retirees and the current employees in a manner that the accrued costs are allocated to their pension benefit in the proper period. Mayor Hood indicated the cost of the request is approximately $200,000.

Commissioner Boyle noted a 2% adjustment was made in 1992 and a 3% adjustment in 1996; therefore, the total adjustment since 1990 has been 5% to date. He stated Ms. Sciotto questioned the adequacy of this increase. Commissioner Boyle restated the discrepancy between the annual review recommended in the Code of Ordinances and the three (3) year review as recommended by staff and the actuarial. Mr. Lane recommended amending the Code provision regarding annual review to agree with the actual practice.

Commissioner Gillooly asked where the $200,000 would come from; whereby, Mr. Lane explained it would come from the General Fund to be funded within the budget.

Mr. Russ Nicastro, 6 Mimosa Trail, questioned who would give this increase. Mr. Lane explained the increase would be given strictly by consideration of the trustees and recommendation to the City Commission. Mr. Lane noted the increase is technically a readjustment in the retiree’s pension. Mr. Nicastro asked where the City stands compared to the Social Security increase of 1.3% this year and last year’s 2.3% increase. Mr. Lane indicated the actual increase in inflation was approximately 1.5% through September 1998. Mr. Nicastro recommended consideration be given to the increase.

Mayor Hood explained this has nothing to do Social Security or cost of living. He stated the trustees have the option to recommend an arbitrary figure, and the City Commission can choose to accept, reject, or amend that figure.

Mr. Nicastro asked who was on the trustee board; whereby, Mr. Lane replied he is the Chairman, with two (2) other employee members and two (2) members appointed by the City Commission.

Commissioner Gillooly asked how the pension increases have kept pace with the Social Security increases over the past five (5) years; whereby, Mr. Lane stated the pension increases have been slightly below Social Security increases.

Commissioner Boyle recommended the pension board look at this item more carefully, and correct the discrepancy in the Code of Ordinances.

Mayor Hood asked Mr. Lane to relay this information to the pension board.

Item #9(C) - Proposal to Increase Size of the Skatecourt Park

Commissioner Persis moved, seconded by Commissioner Boyle, to increase the size of the skatecourt area to 12,000 square feet.

Commissioner Boyle indicated he favors the increased size based on the commitment the Commission made to the City but does not want to set a precedent where bids come in low and the City would look for ways to improve the project to spend the additional funds.

Commissioner Persis noted that statistics show that the optimal size is 10,000 to 15,000 square feet, but the estimates were so large that the 10,000 square foot court was all the City thought could be done with the available funds.

Commissioner Gillooly indicated that just because the project came in under budget does not necessarily mean the full amount needs to be spent. He suggested waiting and letting the usage determine whether or not it will be expanded.

Commissioner Irvin agreed with Commissioner Gillooly and recommended waiting to reviews the success of what was voted on—the 10,000 square foot park. She questioned how many users can utilize the 10,000 square foot park safety at one time.

Mayor Hood indicated he would favor the extension. He stated that for the amount of money being considered, it would be well spent for the youth of Ormond Beach.

Commissioner Boyle pointed out that the City Commission made a commitment to the community on this project that the City would build as much as possible within the dollar amount allotted. He opposed waiting to determine the success of the park and recommended completing the project now.

Commissioner Gillooly asked Mr. Alan Burton, Leisure Services Director, if he recommends the extension. Mr. Burton stated 20 users could utilize the 10,000 square foot park and 25 could use the 12,000 square feet. He noted this is an integrated system; therefore, if it is to be expanded, it needs to be expanded now.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carried. Mayor Hood yes

Item #9(D) - LDC Setback & Buffer Provisions

Commissioner Boyle moved, seconded by Commissioner Gillooly, to require a wall or increase vegetative screening on double frontage lots.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Mayor Hood noted staff indicated that it should not be the responsibility of the existing industrial development to provide such a wall. He asked if the City Commission agreed with that assumption.

Commissioner Boyle agreed with this assessment, but would also agree to require the developer of the residential area to provide the wall.

Item #9(E) -Non-conforming Building Setbacks Related to Ormond Holiday Club Condominium

Mayor Hood advised Mr. Timberlake provided an outline of the issue at the previous meeting.

Mr. Neal Timberlake, 815 Ocean Shore Boulevard, representing Ormond Holiday Club, stated he opposes arbitrary rules that leave no room for interpretation. He noted while he does not want to change the law, 30-foot setbacks are excessive.

Mayor Hood advised that the City Commission cannot legally remedy Mr. Timberlake’s problem unless he would go through the complete process of changing the Ordinance. Mr. Kevin Denny, Acting Planning Director, advised Mayor Hood’s assessment is correct, but the Commission can direct staff to start the process as an administrative amendment.

Commissioner Boyle agreed there is no remedy for Mr. Timberlake tonight, but this building was properly permitted and conforming when it was built. He stated at one point the condominium was identified by this City as non-conforming, which is why these alterations cannot be made. Commissioner Boyle asked why these changes were made; whereby, Mr. Denny advised the setbacks along A1A are set to provide beach access, provide light and space to preserve the view of the beach and prevent overcrowding. Mr. Denny added this policy decision was made approximately 20 years ago.

Mayor Hood noted parts of the building that now exist are closer to the setback line than the requested alteration; therefore, as a practical matter, it makes no sense not to allow the addition especially since aesthetics are not the issue and no one is being precluded from having a view of the ocean. He recommended going back through the process with an effort to expedite the process as much as possible. Mr. Denny advised that if so directed, this could be taken to the January Planning Board and the first and second City Commission meetings in February.

Commissioner Boyle moved, seconded by Commissioner Gillooly, to take this issue to the January Planning Board and the first and second City Commission meetings in February.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carried. Mayor Hood yes

Item #9(F) - Mayor and Commission Term Charter Amendment Referendum

Commissioner Boyle advised this is the most opportune time for this to be placed on the ballot because all five (5) seats have been elected to a four (4) year term and the next window of opportunity to consider this question equitably would not be until 2004. He stated two (2) year terms historically worked well, giving the Commissioners accountability to the voters. Commissioner Boyle advised the currently staggered four (4) year terms have created an inequity in that for Zones 1 and 3, Commissioners must resign in mid-term to run for Mayor while in Zones 2 and 4 Commissioners do not. He stated this is not a policy decision of the City Commission, but a decision of the voters of the City. Commissioner Boyle stated this has been an ongoing experiment, and the public has indicated in a number of ways they would like to review this decision. He noted that if this opportunity is denied to the public, it will become an issue in the next election.

Mr. Eugene Miller, City Manager, stated that if the Commission directs, an ordinance would be prepared for the next agenda, with a second reading at the next meeting to meet the time constraints and notification to allow it to be placed on the February 23, 1999, ballot.

Commissioner Boyle moved, seconded by Commissioner Irvin, to add an additional question on the February 23, 1999, election to reinstate two year terms for the City Commission.

Mr. Randal Hayes, City Attorney, clarified the question would be whether to reinstate two (2) year terms which would not be staggered. He asked if term limits was to be included in the Ordinance.

Commissioner Boyle replied that if the question were only to reduce the terms to two (2) year terms and the people elected to go back to those two (2) year terms, the current charter effectively would abolish the term limits. He stated another option would be to add a separate question to abolish term limits.

Mayor Hood stated term limits are in the current ordinance; therefore, term limits would need to be clarified to prevent ambiguity.

Commissioner Boyle clarified his motion to add an additional question on the February 23, 1999, election to reinstate two year terms for the City Commission and abolish term limits. Commissioner Irvin, again, seconded the motion.

Commissioner Persis expressed his opposition to this motion for the reasons the Charter Review Commission noted the last time this issue was studied. He stated this was studied by a wide variety of people four (4) years ago, and the voters overwhelmingly voted for the four (4) year terms with term limits. Commissioner Persis reported he has not witnessed anyone coming to the City Commission to ask for Commissioners to have two (2) year terms, to ask for non-staggered term, to ask for more political campaigns, or to ask for more political signs. He questioned why Commissioner Boyle would say the public wants this change. Commissioner Persis stated continuity is achieved through staggered terms and the learning curve is one (1) to two (2) years. He stated Commissioner Schecter, Mayor Hood and he were the first to be elected to a (4) year term; they have not served the first year term; and now it is suggested to go back to the public to readdress the issue. Commissioner Persis recommended letting it run its course, and then come back to the voters if the public requests it.

Commissioner Boyle noted the system has run one (1) cycle since each seat has been elected to a four (4) year term. He stated the Charter Commission indicated its reason for recommending the four (4) year term was because on a two (2) year term, the first year is a learning curve, and the second year a member of the Commission is out campaigning. Commissioner Boyle stated he finds it demeaning to suggest that the entire first year is a learning curve; the elected Commissioner should come to this job prepared to do it and the learning curve occurs prior to taking the seat. He noted that he filed to run for Commissioner on October 13th and was elected on November 7th, which refutes the notion that a Commissioner must campaign for a year. Commissioner Boyle indicated the public may not have specifically come to the podium to express preference for two (2) year terms, but they have told the Commission in many ways they want them to be more accountable. He pointed out that Congress, the State Legislature and the County Council have two (2) year terms. Commissioner Boyle noted there are citizens who may wish to become candidates, but hesitate because of the prospect of a four (4) year commitment. He noted that one of the three (3) Commissioners first elected to the four (4) year term could not fulfill a four (4) year commitment and had to resign mid-term.

Commissioner Irvin stated this issue was brought forward on the second Commission meeting after she was elected, and she opposed the two (2) year terms at that time; but she has changed her opinion. She indicated eight (8) years is a long commitment.

Call Vote: Commissioner Persis no
Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried. Mayor Hood no

Commissioner Gillooly stated he voted "yes" in order to more fully discuss the issue when the ordinance is brought forward.

Item #10 - Audience Comments On Agenda Items

Accolades for Ms. Peggy Farmer

Mr. Harold Briley, 312 North Beach Street, Planning Board Chairman, spoke on behalf of the Planning Board to thank Ms. Peggy Farmer for her years of service to that Board.

Item #11 - Reports, Suggestions, Requests

Accolades for Ms. Peggy Farmer

The entire Commission praised Ms. Farmer for her service to the City through the Planning Board, and expressed that they look forward to working with her as President of the Chamber of Commerce.

Recreational Vehicle Law

In order to eliminate confusion, Commissioner Boyle asked that the members of this Commission be provided a "punch" list of all the nuances of the recreational vehicle laws that now exist.

Environmental Advisory Board Meeting

Commissioner Boyle asked if the Environmental Advisory Board organizational meeting is still scheduled for tomorrow evening; whereby, Mr. Miller advised the Environmental Advisory Board was scheduled to meet tomorrow evening, but had to be rescheduled to December 9, 1998, to allow proper advertising to take place.

City Commission Meeting Protocol

Commissioner Boyle acknowledged his own violations of protocol and apologized for them, but pointed out that another Commissioner had earlier in the meeting made the statement that "this is a waste of our time." He noted that any question or concern by any member of Commission is never be a waste of time, and allows for information to be provided to citizens. Commissioner Boyle stated at a previous meeting a vote of this Commission was characterized as dishonest, and that quote was printed in the newspaper which can cause harm. He recommended a resolution for the new year be that the entire Commission try to improve in choosing words more carefully.

Ormond Beach Fire Department

Commissioner Irvin applauded Chief Barry Baker and the Ormond Beach Fire Department for the dedicated service they render throughout the City. She stated recently a fire started in Zone 2, and the Fire Department responded in minutes and worked around the clock. Commissioner Irvin noted the Fire Department has been visible throughout the neighborhood checking and replacing smoke alarms, and she thanked the Fire Department for again showing their dedication to the community.

Birthplace of Speed Gaslight Parade

Commissioner Gillooly noted a negative article was printed regarding the Birthplace of Speed Gaslight Parade in the newspaper; however, he disagreed and reported the parade went splendidly, and the citizens can be proud of the parade.

Recreational Vehicle Decision

Commissioner Gillooly replied to Mr. Ward’s assertion that the Commission violated their trust with the people regarding the recreational vehicle decision made last week. He stated his position on the recreational vehicle issue had been consistent from the beginning.

Skateboard Park

Commissioner Persis expressed appreciation for the Commission’s support on the Skateboard Park.

National League of Cities

Mr. Miller stated he will be representing Ormond Beach as a voting delegate at the National League of Cities conference starting Thursday and continuing through Sunday.

Farmers’ Market Vendor Charge

Mayor Hood requested placing an item on the next agenda to discuss the $10 charge for vendors at the Ormond Beach Farmers’ Market.

Holiday Parade

Mayor Hood noted each year when the City Commission is in the Holiday Parade, some officials wear coats and ties and others do not. He recommended a memorandum be sent requesting that all the officials in the parade not wear coats and ties.

Item #12 - Close The Meeting

The meeting was adjourned at 8:40 PM.


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