Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle,
Thelma B. Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller,
City Attorney Randy Hayes, and Veronica Patterson, City Clerk.
- Meeting called to order by Mayor Hood.
- Invocation given by Reverend Kenny St. John, Riverbend Community Church.
- Pledge of Allegiance.
- Approval of the Minutes of the January 19, 1999, meeting.
- AUDIENCE REMARKS:
- 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.
- Resolution No. 99-17 accepting a bid for the 1999 Roadway Resurfacing Project; rejecting
all other bids; authorizing the execution of a contract and payment thereunder. (Ranger
Construction Industries, Inc. - $475,121.70)
- Resolution No. 99-18 accepting a bid to purchase four (4) Harley Davidson Road King
Police Motorcycles for use by the Police Department from Harley Davidson of Seminole
County; rejecting all other bids; authorizing the execution of a contract and payment
thereunder; declaring existing motorcycles to be surplus and authorizing their
disposition. (Harley Davidson of Seminole County - $46,056.00)
- Resolution No. 99-19 accepting a bid to make certain renovations to the Ames House;
rejecting all other bids; authorizing the execution of a contract and payment thereunder.
(Saboungi Construction, Inc. - $76,450.00)
- Resolution No. 99-20 accepting a proposal to provide engineering services necessary for
the preparation of a Process Safety Management Program; rejecting all other proposals;
authorizing the execution of an Engineering Services Agreement between the City of Ormond
Beach, Florida, and Camp, Dresser & McKee, Inc. (Chemicals used at the two sewage
treatment plants - Camp Dresser & McKee - Not to exceed $29,900.00)
- Resolution No. 99-21 authorizing the execution of a Pay Telephone License Agreement
between the City and Peoples Telephone Company, Inc., for the provision of pay telephone
services at City owned facilities.
- Resolution No. 98-22 naming a park located in Ellinor Village as "Milton W. Pepper
Park."
- PUBLIC HEARING on Ordinance No. 99-12 annexing certain real property into
the City of Ormond Beach; setting forth zoning, privileges, and obligations of said
properties. (31.43 acres - Faircloth Property) (Second Reading)
- FIRST READING OF ORDINANCES:
- Ordinance No. 99-16 amending Articles I relative to Board of Adjustment and Appeals and
Article IX relative to non-conforming uses of the Land Development Code. (Providing
variance procedures for setback requirements for non-conforming structures.)
- Ordinance No. 99-17 amending Article X, Section 10.04H, of the Land Development Code
regarding recreational facility requirements for small scale subdivisions within Planned
Residential Developments. (Concerning requirements for recreational facilities in small
subdivisions and recreation impact fee waivers.)
- DISCUSSION ITEMS:
- Special Event/Bike Week regulation.
- Tennis court rental fees charged to schools.
- AUDIENCE COMMENTS ON AGENDA ITEMS:
- Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
- 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 Reverend Kenny St. John, Riverbend Community 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 January 19, 1999, regular City Commission
meeting have been sent to the Commissioners for review and asked if there were any
corrections, additions, or omissions.
Commissioner Irvin advised her name was omitted from the roll call list, and she asked
that the minutes be corrected to reflect that she was in attendance at the
January 19, 1999, meeting.
Commissioner Persis moved, seconded by Commissioner Gillooly, to approve the minutes
with the aforenoted correction.
| Call Vote: |
Commissioner Boyle |
yes |
|
Commissioner Irvin |
yes |
|
Commissioner Gillooly |
yes |
|
Commissioner Persis |
yes |
| carried. |
Mayor Hood |
yes |
Item #5(A) - Audience Remarks
Abandoned Cemeteries
Ms. Muriel Nicastro, 6 Mimosa Trail, expressed her appreciation to the City Commission
and Mr. Ted MacLeod, Public Works Director, for his prompt response to her concern
regarding the abandoned cemetery on Orchard Street which was articulated at the last
meeting.
Teen Club
Mr. Jordan Schimmel, 15 Sandpiper Lane, stated the City Commission, representing
the citizens of the City of Ormond Beach, turned down a proposal to open a beachside teen
club based on two (2) issues: the possible vandalism and littering of nearby businesses
and the past violations of the person who proposed the idea for the club. He asked who
will represent those who, because they are under 18 years of age, and by law, cannot
represent themselves. Mr. Schimmel commended Commissioner Persis for his comments on
the issue at the previous meeting. He stated this Commission is sending the wrong message
to the teens of this community, and he asked them to pay more attention to the members of
the next generation and to give them the opportunity by publicizing issues that affect
them. Mr. Schimmel asked the Commission, on behalf of the thousands of teens in the
area, to reconsider the proposal for the Galaxy 2001 Teen Club and also to reconsider
their view of today’s adolescence and tomorrow’s leaders.
Mayor Hood asked if any of the four (4) Commissioners who voted against the teen
club would be willing to make a motion to reconsider the issue. No motion was made.
Mayor Hood informed Mr. Schimmel that the four (4) who voted against the teen
club are not necessarily against the concept, but the particular individual who brought
the concept forward had been previously known for not complying with the rules and codes
of the community. He stated, hopefully, someone else will come forward with a teen club
that can be approved.
Ms. Amy Lou Pantages, 285 Oceanshore Boulevard, owner of Senior’s Are Us
Adult Day Care Center in Holly Hill, indicated the State has exhausted funding for
State-funded clients for the rest of the year for services such as Meals-On-Wheels and the
Council on Aging. She indicated nine (9) people in Ormond Beach will be affected by this.
Ms. Pantages requested the City Commission lend their support in a letter she is
writing to Representative Evelyn Lynn and Representative Tillie Fowler
asking funding be continued through June. Hearing no objection, Mayor Hood agreed to
give the City’s support in this endeavor.
Ms. Pantages advised she and Chief Mathieson are working on a Juvenile
Justice proposal grant which will begin in July 1999. She explained the youth who had gone
through the juvenile justice system for committing elderly hate crimes would be brought
into the facility where they would be educated and hopefully turned around.
Ms. Pantages noted she would be working with the Police Athletic League (PAL) and the
Police Department and asked if the City would also write a letter of support for this
proposal.
Mayor Hood asked if Chief Mathieson is asking City Commission support for
this endeavor; whereby, Chief Mathieson answered affirmatively. Hearing no objection,
Mayor Hood agreed the City Commission’s support would be given.
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 Persis asked that Item Nos. 6(A), (B), and (C) be discussed
separately.
Commissioner Gillooly moved, seconded by Commissioner Boyle, for approval of
the Consent Agenda minus Item 6(A), (B), and (C).
| Call Vote: |
Commissioner Irvin |
yes |
|
Commissioner Gillooly |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
| carried. |
Mayor Hood |
yes |
Item #6(A) - Roadway Resurfacing Project Bid
RESOLUTION. 99 - 17
A RESOLUTION ACCEPTING A BID FOR THE 1999 ROADWAY RESURFACING PROJECT; REJECTING ALL
OTHER BIDS; AUTHORIZING THE EXECUTION OF A CONTRACT AND PAYMENT THEREUNDER; AND SETTING
FORTH AN EFFECTIVE DATE.
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of
Resolution No. 99-17, as read by title only.
Commissioner Persis stated the bid is $133,000 less than was estimated and the proposal
is for the remaining funds to provide for resurfacing of streets associated with proposed
drainage projects to be constructed later this year. He questioned how these projects were
going to be accomplished before the $133,000 was obtained.
Ms. Judy Sloane, City Engineer, explained the grant the City received to perform
the stormwater projects has changed the schedule of the order of the projects which would
be accomplished; thus, some of the streets that would have been resurfacing later will be
able to be done earlier.
Commissioner Persis clarified that the City will be resurfacing more streets than
originally planned this fiscal year.
| Call Vote: |
Commissioner Gillooly |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Irvin |
yes |
| carried. |
Mayor Hood |
yes |
Item #6(B) - Harley Davidson Police Motorcycle Bid
RESOLUTION. 99 - 18
A RESOLUTION ACCEPTING A BID TO PURCHASE FOUR (4) HARLEY DAVIDSON ROAD KING POLICE
MOTORCYCLES FOR USE BY THE POLICE DEPARTMENT FROM HARLEY DAVIDSON OF SEMINOLE COUNTY;
REJECTING ALL OTHER BIDS; AUTHORIZING THE EXECUTION OF A CONTRACT AND PAYMENT THEREUNDER;
DECLARING EXISTING MOTORCYCLES TO BE SURPLUS AND AUTHORIZING THEIR DISPOSITION; AND
SETTING FORTH AN EFFECTIVE DATE.
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of
Resolution No. 99-18, as read by title only.
Commissioner Persis stated the bids are very close, with the local bid only $271.00
higher than the out-of-county bid. He noted the local dealer offered to supply a loaner if
a motorcycle is in the shop, and although this was not part of the bidding process,
exceptions have been made when it is in the best interest of the City to do business
locally. Commissioner Persis noted that considering the warranty and service, it would be
preferable to deal with a local vendor.
Mayor Hood advised he represents Daytona Harley Davidson. He noted the Daytona
Harley Davidson offer of a loaner is a value that would far exceed the deferential in the
bid price.
Mr. Randal Hayes, City Attorney, stated this may be true, but it cannot be
considered as part of the bid package because it was not included in the bid package that
went to the vendors.
Mayor Hood asked if all bids can be rejected and rebid with this caveat added;
whereby, Mr. Hayes agreed this could be done, but absent that, the criteria that must
be met is: whether the bids are responsive; which is the lowest bid; can the vendor supply
the product; and is the bidder in default on other contracts.
Mr. Ted MacLeod, Public Works Director, agreed it would be of benefit to the
Police and Fleet Maintenance Departments if loaners were available for use; but the
problem is if local preferences are exerted, it can inhibit competition, thus the price
would not be competitive.
Mayor Hood asked if this were rebid and companies were asked how they deal with
repairs and if a loaner is available, would this not still allow for competition; whereby,
Mr. MacLeod replied this is possible, but it would do Ormond Beach no good for
Seminole County to have a loaner in their shop because it is too far away to use it.
Commissioner Boyle asked if, on a rebid, a value can be assigned to the proximity to
Ormond Beach since not only the loaner is at issue, but the man hours involved to have it
serviced in Seminole County. Mr. MacLeod advised the bike would be serviced under
warranty at the local dealer rather than in Seminole County.
Commissioner Boyle moved, seconded by Commissioner Gillooly, to reject all bids for
Police motorcycles and rebid specifying the use of a loaner motorcycle.
Mr. Eugene Miller, City Manager, noted this is the second time this item has been
bid.
Commissioner Persis asked what color is being requested; whereby, Chief Mathieson
replied typically the motorcycles are white with the lettering and trim added.
Commissioner Persis noted black has higher resale value. Mayor Hood recommended
allowing staff to examine this issue.
Mr. Barry Kuhnly, Manager of Police Sales of Daytona Beach Harley Davidson,
stated the loaner was offered to give the City value added service. He stated under the
invitation to bid on paragraph 24, it explicitly states that a bid may be accepted if
it is in the best interest of the City.
Mr. Kuhnly stated that the criteria for color selection is that five (5)
motorcycles be purchased.
| Call Vote: |
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Irvin |
yes |
|
Commissioner Gillooly |
yes |
| carried. |
Mayor Hood |
yes |
Item #6(C) - Ames House Renovations Bid
RESOLUTION. 99 - 19
A RESOLUTION ACCEPTING A BID TO MAKE CERTAIN RENOVATIONS TO THE AMES HOUSE; REJECTING
ALL OTHER BIDS; AUTHORIZING THE EXECUTION OF A CONTRACT AND PAYMENT THEREUNDER; AND
SETTING FORTH AN EFFECTIVE DATE.
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of
Resolution No. 99-19, as read by title only.
Commissioner Persis asked what would be done with the Ames House if the Legal
Department were not relocated there; whereby, Mr. Miller replied the City tried to
market the facility on several occasions without interest. Mr. Miller explained at
one time the Ames House was being considered to relocate Fire Administration, and at
another time a community effort was launched to use it as a place for visiting artists,
but community support was insufficient to accomplish it.
Commissioner Boyle noted other considerations were that the community was concerned the
building was being allowed to deteriorate, and the Historical Trust put in a bid to rent
the facility. He stated $135,000 in impact fee money related to City Hall was utilized for
the restoration which was an almost universal community goal. Commissioner Boyle noted the
move would relocate the Legal Department and free up space in the City Hall building.
Commissioner Persis noted he is in favor of renovating the Ames House, but he wanted to
understand why it was being done and to make sure it is done for the right reasons.
Mayor Hood expressed his opposition in that the additional space is not needed,
and it is a waste of taxpayers’ money to rehabilitate the Ames House, since
additional land will need to be purchased to provide sufficient parking.
| Call Vote: |
Commissioner Boyle |
yes |
|
Commissioner Irvin |
yes |
|
Commissioner Gillooly |
yes |
|
Commissioner Persis |
no |
| carried. |
Mayor Hood |
no |
Item #7 - Faircloth Property Annexation
Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public
hearing on Item #7. The motion carried unanimously.
ORDINANCE NO. 99 - 12
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY INTO THE CITY OF ORMOND BEACH; SETTING
FORTH ZONING, PRIVILEGES, AND OBLIGATIONS OF SAID PROPERTIES; SETTING FORTH AN EFFECTIVE
DATE.
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of
Ordinance No. 99-12, 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 #8(A) - Variance Procedures for Setback Requirements for
Non-conforming Structures
ORDINANCE NO. 99 - 16
AN ORDINANCE AMENDING ARTICLES I RELATIVE TO BOARD OF ADJUSTMENT AND APPEALS AND
ARTICLE IX RELATIVE TO NON-CONFORMING USES OF THE LAND DEVELOPMENT CODE; REPEALING
ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of
Ordinance No. 99-16, on first 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(B) - Recreational Facilities in Small Subdivisions and
Recreation Impact Fee Waivers
ORDINANCE NO. 99 - 17
AN ORDINANCE AMENDING ARTICLES X, SEC-TION 10.04H, OF THE LAND DEVELOPMENT CODE
REGARDING RECREATIONAL FACILITY REQUIREMENTS FOR SMALL SCALE SUBDIVISIONS WITHIN PLANNED
RESIDENTIAL DEVELOPMENTS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND
SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of
Ordinance No. 99-17, on first reading, as read by title only.
Commissioner Gillooly asked if the developer would save $450,000 if a clubhouse is not
built, and what recreational amenities were proposed for the replacement of the clubhouse.
Mr. Tom Lipps, Interim Planning Director, stated the ordinance does not specify
what particular amenity is proposed, but the specifics would be proposed when the plan is
reviewed.
Mr. Parker Mynchenberg, the architect who requested consideration of this
amendment, stated that in lieu of the 30 square feet per lot of indoor area, 300 square
feet of outdoor recreational area is recommended. He advised outdoor amenities would be
basketball courts, shuffleboard courts, tennis courts or swimming courts. Commissioner
Gillooly clarified that this will come back to the City Commission before final plans are
approved, and Mr. Mynchenberg agreed that it would.
Commissioner Persis asked if 72,000 square feet of outdoor recreation would be
required. Mr. Mynchenberg noted there has been a high indoor requirement with a low
outdoor requirement; therefore, there would be one (1) to two (2) acres of recreation area
which is necessary for a ball field or basketball court considering the parking lot and
infrastructure.
Commissioner Boyle stated there are a number of small developments with clubhouses,
where the maintenance falls on the homeowners. He stated in a number of cases the pool or
clubhouses are closed because of the associated maintenance costs.
Commissioner Irvin noted this is an innovative idea to avoid the clubhouses becoming
run down when the homeowners cannot continue to keep them operational.
| Call Vote: |
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Irvin |
yes |
|
Commissioner Gillooly |
yes |
| carried. |
Mayor Hood |
yes |
Item #9(A) - Special Event/Bike Week Regulation
Mayor Hood asked if staff recommended the issue be sent through the Land
Development Code process. Mr. Lipps explained the staff report clarifies what the
Land Development Code currently specifies which is that a store owner, for a ten (10) day
period, four (4) times per year, may move whatever merchandise is sold inside, outside the
building. He noted that if the Commission chooses to change this, it must go to the
Planning Board for a Land Development Code or ordinance amendment. Mr. Lipps asked if
changes are requested, the Commission provide specific points to give staff appropriate
direction.
Commissioner Persis indicated he does not advocate relaxing the rules, just to be fair
to all. He asked Mr. Lipps to explain the problems of the past. Mr. Lipps
replied that, not knowing the regulations, merchants sometimes operate illegally. He
stated the sale of food and beverage outside is prohibited, but tents are permitted if
they are under 3,000 square feet and do not disturb the traffic flow and parking in the
parking lot. Commissioner Persis asked if approval from the City is required to sell
outside and how long it would take to acquire the approval. Mr. Lipps explained
approval is required, and it can be obtained quickly unless there are problems with the
site plan.
Commissioner Gillooly asked how the trailer selling hams was permitted on the corner of
Granada Boulevard and Williamson Boulevard; whereby, Mr. Lipps explained charitable
organizations are permitted to sell such merchandise as a fundraising activity.
Commissioner Irvin advocated coming up with consistent regulations and not dealing with
items on a case-by-case basis to avoid loopholes which would cause inequity.
Mr. Lipps stated the goal is to be consistent.
Commissioner Boyle offered the scenario where an owner of a pub sells a minimal amount
of T-shirts inside year-round. He continued a vendor with a large supply of T-shirts comes
in, technically sells them to the pub owner, then the pub owner turns around and sells on
the sidewalk. Mr. Lipps noted outside vendors are not permitted to come in and sell
items. Commissioner Boyle stated it is just a matter to sign over the inventory to the
property owner which creates a loophole.
Mayor Hood stated that without strict enforcement, there will be illegal sales. He
advocated having some trust in the community that they will follow the laws.
Commissioner Boyle agreed with Mayor Hood and noted the Commission needs to strike
a balance while protecting the local merchants, yet the reality is there are many people
coming into town spending money on camp grounds, hotels, etc. He noted some of the
restaurants serving food, beverages and alcohol have limited interior space, and there are
lots of people in town trying to squeeze inside the buildings which is not a very safe
situation; whereas, if that merchant were allowed to sell outside, it would be better for
everyone. Commissioner Boyle stated the musical entertainment is another issue that may be
better outside. He asked for some relief for outdoor sales of food, beverages or alcohol,
the leasing of spaces to temporary vendors, and outdoor entertainment, but he opposed
traveling vendors selling products on vacant lots. Commissioner Boyle indicated he is not
sure of the legality of setting specific rules north of Nova Road in a "Special Event
Zone" for a special event period.
Commissioner Gillooly noted agreement with Commissioner Boyle.
Commissioner Persis stated he agreed with Commissioner Boyle except he opposes the
leasing of space to temporary vendors, even though it is hard to enforce. Commissioner
Boyle withdrew his support of the leasing of space to temporary vendors.
Mr. Miller reminded the Commission of the residential character of Ormond Beach.
He pointed out that the City receives many complaints from the Bear Creek homeowners, a
situation which would be exacerbated with certain outdoor sales.
Commissioner Gillooly noted he is not giving approval, he just wants to let it go
through the Land Development Code amendment process.
Mr. Lipps asked if the Commission’s intent was to include alcohol in the
permitted sale items along with food and beverages. Commissioner Boyle, Commissioner
Gillooly and Commissioner Persis agreed alcohol should be included since the
establishments already serve alcohol inside the structures, and it is only on a temporary
basis.
Mayor Hood noted that since a majority has concurred on a course of action, staff
has their instructions on how to proceed.
Item #9(B) - Tennis Court Rental Fee Charged to Schools
Mayor Hood explained the staff report signifies that the agreement the City has
with Seabreeze High School is agreeable with Seebreeze Athletic Director
Jerry Chandler and Principal Jim Kirton.
Commissioner Boyle stated Seabreeze High School pays the City approximately $10,000
annually, and the tennis court rental portion of the contract incorporates approximately
$1,100. He noted the liability insurance enters into the calculation of this fee.
Commissioner Boyle noted this fee was appropriate when the City charged everyone and a
City staff member was posted at the courts to collect fees; however, there is no longer a
charge for the use of the courts for residents or visitors. He indicated that the courts
were so underused, when the skateboard park was originally being considered, staff
recommended two (2) of the courts be made into a skateboard park. Commissioner Boyle noted
this fact is highly relevant. He stated he is not positive Mr. Chandler was aware, at
the signing of the contract for the tennis courts, that the courts were free to anyone who
wanted to use them; therefore, it seems inappropriate to continue collecting a fee from
Seabreeze High School, or the charge should at least be reduced to cover the insurance.
Commissioner Boyle stated the courts cost the City no revenue since they require no
maintenance, but the school has to work very hard to raise the money by soliciting in the
community to pay the City.
Commissioner Gillooly concurred with Commissioner Boyle’s observations. He
recommended waiving fees on a trial basis to determine if there is a demand for the courts
by anyone else during those hours. Commissioner Gillooly agreed there should be a minimal
charge to pay for insurance coverage.
Commissioner Boyle asked how much the insurance fees would run; whereby, Mr. Alan
Burton, Leisure Services Director, stated the insurance policy is provided by the high
school.
Commissioner Gillooly moved, seconded by Commissioner Boyle, to waive the charges to
Seabreeze High School for the use of the tennis courts.
Commissioner Persis expressed concern regarding equity of Father Lopez or any
other organization if they should ask for similar requests.
Mr. Burton stated fees and charges are very essential to Leisure Services’
operations. He stated this would impact numerous groups throughout the community.
Mr. Burton stated there are capital costs involved, and he expressed concern that
this would "open the door" to the entire fees and charges controversy. He stated
public participation should be sought before any major impact is made on the public policy
of fees and charges. Mr. Burton noted this would take a property which is open to the
public and give exclusive use to one group; therefore, when a public use is removed for an
exclusive use, it is right and appropriate to charge a fee.
Commissioner Boyle stated this facility was so underused it is now a free facility. He
stated it is an inherent contradiction that to allow the tennis team to use the facility
for two (2) hours denies others the opportunity to use it when there is no demand for the
facility, but it is prudent to charge a fee and preclude others wishing to use the
facility. He pointed out that the participants could just show up every day and use the
courts.
Mayor Hood stated that it sounds simplistic, but when someone comes and wants to
use the baseball field without paying for it because no one is using it, the question
becomes where the line is drawn on the fees implemented throughout the community. He
explained his opposition to the motion because it would create a precedent.
Commissioner Irvin advised she opposes the motion because Seabreeze is coming as an
organized group, not an individual, and equity is also a concern.
Ms. Carolyn Brenner stated the courts are 25 years old and no longer are a capital
expenditure. She stated the baseball and soccer fields require maintenance, but the courts
do not. Ms. Brenner stated they are not asking for exclusive use of the courts, only
two (2) courts twice a week and on nine (9) occasions where four (4) courts are required;
thus, with the six (6) existing courts, there would be courts available for those who wish
to use them. She stated that as a parent in the school system, the resident taxpayers
support the City’s recreational facilities; and also when the schools are
underfunded, they come to the parents for funds. Ms. Brenner noted it is not fair for
parents to have to raise money to pay the City for something they are giving away to
citizens and visitors for free. She started that even though Mr. Kirton and
Mr. Chandler are not opposed to the fee, they are not the ones that have to knock on
doors trying to solicit funds from residents and family members.
Mr. Miller stated the City has a very professional working relationship with the
staff of Seabreeze. He stated this issue was raised to satisfy a concerned constituent,
but the problem is that the effort to respond to an individual citizen could mean opening
up the fee schedule to scrutiny. He stated the $1,100 fee is minor, but the problem is the
principal of rental of facilities. Mr. Miller noted the Commission is accountable to
the entire population, not just those interested in sports; therefore, if the Commission
waives this specific fee, it should be done by way of a comprehensive review of the
facilities that are available to rent, and it should be discussed at the time the budget
is being considered.
Commissioner Boyle advised he strongly resents that this issue is being interpreted as
the complaint of one constituent, or a small group of constituents, when in fact there is
a broad application for the entire community. He noted this facility is currently free for
residents or those from out of town. Commissioner Boyle reiterated he is not aware if the
people signing the contract knew the courts were now free of charge for use. He stated a
comprehensive review is unnecessary, and this specific fee should not be compared with all
the other sports. He stated Commissioner Gillooly’s approach is wise, to waive the
fee in this instance, for this site, on a trial basis, and if there are problems, it can
be revisited.
| Call Vote: |
Commissioner Boyle |
yes |
|
Commissioner Irvin |
no |
|
Commissioner Gillooly |
yes |
|
Commissioner Persis |
no |
| failed. |
Mayor Hood |
no |
Item #10 - Audience Comments On Agenda Items
No audience comments were made.
Item #11 - Reports, Suggestions, Requests
Baseball Card Show
Commissioner Boyle expressed his appreciation to Mr. Ron Bishop and the
Casements staff for their professional conduct in running the Baseball Card Shows which
are getting rave reviews from those in attendance and the vendors. He noted the City is
netting over $300 per show.
Board Member Appreciation
Commissioner Boyle thanked the citizens who give their time and effort to serve on City
Boards and Committees.
Tree Removal Penalty
Commissioner Boyle advised an article appeared in the newspaper and was shown on
television where in the City of Oviedo, a developer building an apartment complex removed
trees that should not have been removed. He stated the Oviedo City Commission fined the
developer $25,000, and the fine was appealed unsuccessfully.
Naming a Park for Milton Pepper
Commissioner Irvin thanked the City Commission for agreeing to name a park in honor of
Milton Pepper.
Salute to Jane Renz
Commissioner Gillooly noted he attended a farewell party for Jane and
Tex Renz who are moving to Lake Tahoe. He stated for the past 30 years,
Mr. and Mrs. Renz have been the "spark plugs" in the Ormond Performing
Arts Center, energizing the entire group. Commissioner Gillooly expressed his
appreciation, on behalf of the City Commission, to Mr. and Mrs. Renz for all
they have done for the City of Ormond Beach.
New Year’s Eve Celebration
Mr. Miller reported, as mentioned in the Commission’s "Friday
Letter", the "First Night" concept was explained which could be applied to
the festivities to welcome in the new millennium. He stated the festivities would include
an alcohol-free event with fireworks, and organized activities, and the City would
encourage restaurants to stay open late. Mr. Miller stated if the Commission approves
of this direction, staff needs to start organizing the event very soon.
Mayor Hood recommended placing this item on the agenda for the next meeting.
Mr. Miller stated it would take staff effort to come up with a proposed budget and
make decisions as to the exact activities; therefore, he asked if there was enough
interest to proceed.
The consensus was to proceed and come back to the City Commission when the information
is available.
$10,000 Donation
Commissioner Gillooly asked Mr. Burton to make an announcement regarding a $10,000
donation. Mr. Burton reported that the Senior Theater Workshop has donated $10,000 as
a part of the celebration in recognition of Jane Renz’s efforts to the Friends
of the Performing Arts Center.
Goals Discussion
Mr. Miller requested a meeting be set to exchange ideas regarding three (3) or
four (4) goals at 5:30 PM before the next regular City Commission meeting. He stated
this will facilitate the working relationship between the governing body and between the
governing body and staff.
Commissioner Irvin concurred it is a good idea, but questioned what would be on the
agenda.
Palm Trees
Mayor Hood noted the palm trees that have been planted along Granada Boulevard are
a direct result of the efforts of Mr. Lowell Lohman, owner of Ormond Funeral
Home, and Mr. Bill Butler, Ormond Beach Landscape Architect. He instructed staff
to send congratulatory letters to these gentlemen for taking the initiative to beautify
Ormond Beach.
Item #12 - Close The Meeting
The meeting was adjourned at 8:18 PM.
