MARCH 2, 1999 7:00 PM

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.

A G E N D A

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Reverend Joe Putting, Tomoka Christian Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the February 16, 1999, meeting.
  5. PRESENTATIONS:
  1. Ormond Beach Teachers of the Year.
  2. Lauren Cox Proclamation.
  1. AUDIENCE REMARKS:
  2. 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. 99-39 approving an amendment to Exhibit "B" of the Joint Project Agreement between the City and Florida Department of Transportation as approved by Resolution No. 99-3 relative to a CD ROM presentation regarding the Ormond Beach Municipal Airport.
  2. Resolution No. 99-40 accepting a bid to construct improvements to Lift Station 6-P located at the intersection of John Anderson Drive and Neptune Avenue; rejecting all other bids; authorizing the execution of a contract and payment thereunder. (Wharton-Smith, Inc. - $286,000.00)
  3. Improvements to the Cassen Park Baithouse.

DISPOSITION: Approve as recommended in City Manager memorandum dated February 25, 1999.

  1. Report on code enforcement at 463 North Yonge Street.

DISPOSITION: Accept report provided in City Attorney memorandum dated February 25, 1999.

  1. PUBLIC HEARING on Ordinance No. 99-18 amending Articles I, III and VI relative to conditional uses of the Land Development Code by renumbering certain sections therein; by amending Sections 1.11, 3.41, 3.71 and 6.18 relative to pawn shops and conditional uses; by creating a new section to be numbered and titled Section 3.59, Pawn Shops, and providing regulations therefor.
  2. FIRST READING OF ORDINANCES:
  1. Ordinance No. 99-19 amending Article 2.09, Recreational Vehicle/Boat Storage, Subsection C, Long Term Storage, of the Land Development Code, by amending height regulations of recreational vehicles in residential areas.
  2. Ordinance No. 99-20 amending Article II, Accessory Uses, Section 2.10, Dumpster Pads, of the Land Development Code, to allow for an increase in the maximum height of the walls for the enclosure around dumpster pads under certain conditions.
  3. Ordinance No. 99-21 relative to a parking deferral program for office uses in Planned Residential Developments, amending Section 10.04F, Off-Street Parking, of the Land Development Code.
  4. Ordinance No. 99-22 approving the modification of the final plat of Unit V, "Emerald Lakes" of the "Ormond Lakes" portion of the "National Gardens Trust" Development of Regional Impact; authorizing the privatization of streets and sidewalks within the development.
  5. Ordinance No. 99-23 amending Chapter 22, Article II, Division 2, Sections 22-85 through 110, of the Code of Ordinances of the City of Ormond Beach, Florida, by repealing the existing provisions and adopting new provisions regarding uniform requirements for direct and indirect contributions to the wastewater collection and treatment system; providing for administration, permits, enforcement, penalties and severability; and providing for an effective date.
  1. RESOLUTION No. 99-41 appointing Clister Pelote as a commissioner of the Ormond Beach Housing Authority to complete the unexpired term of Juliet Austin; setting forth term and conditions of service.
  2. DISCUSSION ITEMS:
  1. Black College Reunion traffic control plans.
  2. Fee waiver for use of Nova Community Center tennis courts by Seabreeze High School.
  3. Consideration of teen advisory board.

12) AUDIENCE COMMENTS ON AGENDA ITEMS:

13) Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.

14) 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 Joe Putting, Tomoka Christian 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 February 16, 1999, 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.

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

Item #5 - Teachers of the Year 2000

Mayor Hood read a proclamation honoring the Teachers of the Year 2000. He announced that the following teachers, all representative of all the excellent teachers in Volusia County, have been selected as Teacher of the Year 2000 in Ormond Beach schools.

Mayor Hood honored Cindy Abercrombie, Lynda Bonnick, Jennifer Breter, Peggy Epton, Dara Feinman, Linda McMunn, and Mica Roughton, and recognized the contributions of these exemplary teachers who have set high expectations for their students and inspire them to excel.

Item #5(B) - Lauren Cox Proclamation

Mayor Hood presented Mr. and Mrs. Cox, parents of Lauren Cox, and Stephan Hawryluk, a proclamation declaring February 8, 1999, as Lauren Cox Day. He stated Mr. and Mrs. Cox and the community have suffered a very serious tragedy, but by this proclamation encouraging children to wear seatbelts, Lauren will contribute greatly to future driver safety awareness in this community, and it will be through her spirit and memory that other young lives will be saved for many years to come. Mayor Hood noted that over 700 students at Seabreeze High School have signed a petition to proclaim February 8, 1999, as Lauren Cox Day and have committed to always wearing their seatbelts in memory of Lauren Cox and her tragic death.

Item #6 - Audience Remarks

Contract Negotiations

Mr. Charles Carter, 212 Arlington Way, expressed concern regarding a newspaper article which he read relating too Mayor Hood’s participation in negotiations. He asked if the newspaper statement was true or false. Mayor Hood replied that the statement is true.

New VCOG Executive Director

Mr. Greg Wood, Executive Director, Volusia Council of Government (VCOG), introduced himself to the City Commission. He stated since VCOG serves 16 local governments, he cannot make every meeting, but he will attend the City Commission meetings on a quarterly basis. Mr. Wood advised if the Commission has multi-jurisdictional issues it would like to have printed in the VCOG newsletter, or if they would like to place an article in it, they may contact him.

Lucky Drive Stormwater Project

Robert Holland, 135 Riverside Drive, complained of various problems relating to the Lucky Drive stromwater improvement project. He explained his home is at the terminus of the project. He stated he received notice on a Friday that the pavement would be torn up on Monday, but it was torn up an hour and a half later on that same Friday afternoon. He stated that during the first meeting with those who are doing work on the installation of a baffle box, the individual working on it explained they were installing a stormwater system, and he had to explain that there already was one, to which the worker responded "perhaps I should check my maps." Mr. Holland reported his house was intentionally flooded by cutting off a pipe, and he contacted Jeff Webster who was very helpful and responsive. He noted, however, that since those errors, curbing was installed with one side higher than the other side of the street. Mr. Holland reported Judy Sloane, City Engineer, was kind enough to meet with him at the property, along with Jeff Webster, and indicated the curbing was in accordance with the plan; however, later the same day, the curbing was ripped out because they found that it was in error. He stated a street drain was installed in the middle of the street instead of the side of the street, but later moved to one side.

Mr. Holland stated his greatest concern is that the surface that has been established in dirt is at a higher elevation than it originally was on Willis Drive to Riverside Drive, which he fears will divert water into his house. He stated he found it necessary to build a berm to keep the water from coming down his driveway and noted it would be a lot easier to correct now than once the paving is completed. Mr. Holland stated the inlet that was moved from the middle to the south side of Willis Street is higher than the inlet on the north side.

Mr. Holland explained this project has caused him several flat tires due to nails from the forms in the concrete, dust that has been generated for eight (8) months, noise of construction, cracked windows in his home due to the construction and hammering, and cranes swinging over his driveway missing the side of his house, seemingly by a close margin. He stated people have apologized to him numerous times. Mr. Holland stated Judy Sloane told him when they met at the property on February 3rd, that she expected it to be paved by the end of that week but for the fact that they discovered the error on the gutter which would take yet another week. He stated it is still not completed, and there has been no one working on that section of street since Christmas, but for perhaps three (3) days. Mr. Holland noted his houses is for sale, and people have trouble believing the house does not flood except for the error caused by the City; therefore, he requested a letter from the City verifying that his flooding problems related to the construction. He also requested the that the work be completed in a timely and accurate fashion.

Ms.  Dorothy Davis, 88 Seminole Avenue, stated she also has had problems with the Lucky Drive Stormwater Project.

Mayor Hood requested that Ms. Sloane present the City Commission with a detailed report at the next meeting of all the problems described.

Lauren Cox Proclamation

Mr. Tom Bourke, 422 South Halifax Drive, expressed appreciation to the City Commission for the kindness and compassion demonstrated in the preparation of the Lauren Cox proclamation.

Billboards

Ms. Laura Lefler, 11 Cliffview Lane, Ormond Lakes, noted concern regarding the content of the billboard at the entrance to Ormond Lakes and also that Ormond Beach does not have regulations monitoring the content of billboards in general. She requested guidelines be set on what is permitted on billboards, or even better, that billboards be eliminated completely. Ms. Lefler stated she understood that once a billboard is destroyed, it cannot be rebuilt and questioned why this billboard was reconstructed after the fires.

Mayor Hood asked Mr. Randal Hayes, City Attorney, if the billboards are going through code enforcement action; whereby, Mr. Hayes replied the matter is on appeal to the Circuit Court. Mr. Hayes explained two (2) judges have recused themselves, and as soon as a judge is found, the case will proceed. Mayor Hood clarified the City has sued to have those billboards removed, and Mr. Hayes added that this problem will be resolved when it goes through the court process.

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 moved, seconded by Commissioner Irvin, for approval of the Consent Agenda.

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

Item #8 - Pawn Shops

Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8. The motion carried unanimously.

ORDNANCE NO. 99 - 18

AN ORDINANCE AMENDING ARTICLES I, III AND VI RELATIVE TO CONDITIONAL USES OF THE LAND DEVELOPMENT CODE BY RENUMBERING CERTAIN SECTIONS THEREIN; BY AMENDING SECTIONS 1.11, 3.41, 3.71 AND 6.18 RELATIVE TO PAWN SHOPS AND CONDITIONAL USES; BY CREATING A NEW SECTION TO BE NUMBERED AND TITLED SECTION 3.59, PAWN SHOPS, AND PROVIDING REGULATIONS THEREFOR; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-18, on first reading, as read by title only.

Commissioner Persis asked if the motion was to approve the staff recommendation; whereby Commissioner Boyle indicated his motion was to approve the staff recommendation with the intent to grandfather existing pawn shops.

Mr. Don O'Donniley, Planning Director, advised that as a matter of law, the existing pawn shops would have to be grandfathered.

Commissioner Boyle clarified his motion to approve staff’s recommendation with grandfathering; whereby, Commissioner Gillooly withdrew his second to the motion.

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

Item #9(A) - Recreational Vehicle/Boat Storage

ORDINANCE NO. 99 - 19

AN ORDINANCE AMENDING ARTICLE 2.09, RECREATION-AL VEHICLE/BOAT STORAGE, SUBSECTION C, LONG TERM STORAGE, OF THE LAND DEVELOPMENT CODE, BY AMENDING HEIGHT REGULATIONS OF RECREATIONAL VEHICLES IN RESIDENTIAL AREAS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-19, on first reading, as read by title only.

Mayor Hood clarified that the City Clerk had read Option "A" which specified a ten (10) foot height limit plus one (1) foot for ancillary equipment; whereby, Commissioner Boyle withdrew his motion, indicating he favors the staff and Planning Board recommendation.

Commissioner Persis moved for approval of Ordinance No. 99-19, Option "A."

The motion died for lack of a second.

Commissioner Gillooly apologized that this item has been brought back for consideration tonight, and explained he had voted to bring it back because it was stated there was some confusion regarding the vote. He stated that after examining the minutes, he has concluded there was no confusion since it was mentioned three (3) times that the height limit would be ten (10) feet.

Commissioner Gillooly moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-19, "Option B."

Commissioner Persis pointed out that on the list of recreational vehicles (RV’s) provided to the Commission, there are seven (7) RV’s under ten (10) feet, but the ladder or air conditioner on them extends the height over the ten (10) foot limit, in many instances by only a few inches. He stated the smaller RV’s have been in Ormond Beach for a long time; and when they were originally purchased, the owners had met the requirements. Commissioner Persis agreed that ten (10) feet should be the height limit, but these seven (7) people with RV’s less than ten (10) feet which only exceed that limit when the ancillary equipment is added should be grandfathered in. He stated of the new RV’s brought into the neighborhood, the ten (10) foot limit should be inclusive of any ancillary equipment.

Commissioner Boyle agreed with the remedy and relief Commissioner Persis proposed; however, he stated he prefers the twelve (12) foot height recommended by the Planning Board three (3) different times and the recommendation of the City’s professional staff. He noted that three (3) of the RV’s on this list could not be measured because staff did not have access to the property, which is a problem since it will take court orders to gain access to those properties to measure the RV’s. Commissioner Boyle stated he spoke to Joseph Thompson, who was a Commissioner when this policy was first drafted, and asked him the reasoning behind the ten (10) foot regulation. He indicated Mr. Thompson replied that, at that time, ten (10) feet was the industry standard, which is what the Commission was attempting to establish at that time. Commissioner Boyle submitted that the industry standard has changed. He apologized to the Planning Board, the community and staff for the time it has taken the Commission in it’s attempt to pass a good ordinance.

Commissioner Gillooly replied to Commissioner Persis’ remark regarding grandfathering RV’s ten (10) feet or under, and noted they do not have to be grandfathered because they were legal all along. Regarding Commissioner Boyle’s statement concerning the difficulty in measure RV’s, Commissioner Gillooly reported there is a list of RV’s available showing specifications, including height, from 1995 to 1999 which can be used if the year and model of the RV is known. Commissioner Gillooly noted that according to a national survey, complaints on the part of voters is that their elected representatives seldom listen to the constituents. He reported he had received many calls from constituents who elected him to represent them, and it is their voice to whom he will listen; therefore, he will vote for the ten (10) foot limit.

Commissioner Irvin advised she was misquoted in the Planning Board meeting by a statement made that she owned an RV that was out of compliance. She corrected that statement by saying she owned an RV at one time, and she built an RV garage and planted hedges so that when she decided to bring it out for cleaning, no one but she would have to look at it. She noted the RV was not more than ten (10) feet, and she did not sell it because she had to, but because she no longer had a use for it. Commissioner Irvin encouraged the residents to consider using a public facility for the larger RV’s. She stated the industry is producing larger models, but the City does not need to compete with the RV industry. Commissioner Irvin stated residents may buy larger RV’s if they choose, but they should not expect to park them in their yard or expect their neighbors to have to look at them.

Mayor Hood indicated he would allow a few public comments, but that they would be limited to two (2) minutes.

Mr. Art Shrader, 612 Hand Avenue, stated a possible compromise would be to change the ordinance to mandate that if a homeowner has an RV, they must have written permission from their neighbors to park it on their lot. He stated this would simplify the process.

Ms. Toni Hanley, 100 North St. Andrews, stated on November 17, 1998, a number of citizens of Ormond Beach attended the City Commission meeting and listened to an intelligent discussion on this issue. She stated a vote was taken, and an ordinance was drafted and signed by the Mayor. She stated this ordinance was credible, but now it is being revisited, and she questioned how many more times this issue will be revisited.

Mr. Mike McKinney, Jeannette Drive, asked why things have changed after a decision had been reached. He stated he owns an RV slightly over ten (10) feet, and it adds a great deal to his quality of life.

Mr. Walt Stahlin, 207 Royal Dunes Circle, indicated he owns a twelve (12) foot RV, but the only RV mentioned in the discussion this evening were those ten (10) feet or those slightly over ten (10) feet. Mayor Hood explained that Commissioner Boyle was the only Commissioner who has advocated modification of the height being increased to twelve (12) feet; the remaining Commissioners have advocated either the ten (10) foot limit or ten (10) feet plus up to one (1) additional foot for ancillary equipment. Mr. Stahlin requested a twelve (12) foot limit be permitted and advised that his neighbors do not object to his RV.

Mr. Don Ward, 1214 Parkside Drive, stated that if homeowners’ associations wish to impose regulations on people in their subdivisions, that is up the them, but he vehemently opposes restrictions placed City-wide such as those relating to RV’s. Mr. Ward noted that in 20 years there was not one (1) complaint about RV’s, and many RV owners have spent money on their property to prepare a place to store their RV’s.

Mr. Ira Goldberg, 3 Alexander Court, questioned how many RV’s there are in Ormond Beach. Commissioner Persis explained that figure changes daily, and he only mentioned those ten (10) feet to eleven (11) feet in height. Mr. Goldberg stated this will affect more than RV’s; it will also affect boats.

Ms. Anne Roy, 17 Pine Valley Circle, stated the previous vote reflected the fact that Ormond Beach is a democracy; it voted for the majority. She stated RV’s are a blight on the neighborhood and are not needed in Ormond Beach.

Ms. Brenda Lane, 223 Milsap Road, indicated she is a food vendor who lives in Ormond Beach six (6) months and travels six (6) months. She stated her RV is more expensive than her home because she lives in her RV half the year and needs a larger RV than some people. Ms. Lane urged the height limit be increased.

Ms. Irene Cooney, 6 Alexander Court, requested the Commission instruct the audience not to make any derogatory remarks such as she was subjected to at the Planning Board meeting. She stated she does not believe any employee of the City would jeopardize their position by giving permission to park their RV illegally. Ms. Cooney reported some speakers have mentioned that their neighbors have approved them parking their RV’s on their property, but she stated she has signatures in many neighborhoods where residents oppose RV parking in residential areas.

Mr. Paul McCauley, 110 Rio Pinar, read a letter for Ms. Tina Share, 1317 Overbrook Drive, which explained the Ordinance is self-explanatory and easy to understand where it reads, "no vehicle or equipment shall exceed ten (10) feet in height."

Ms. Louise Shrader, 612 Hand Avenue, stated she moved to Ormond Beach in 1994 with an RV and went to Code Enforcement who instructed them they needed to obscure the view of the RV from the front and east of their property, which was done. She stated when Code Enforcement returned, they conceded she was in compliance.

Commissioner Persis explained the reason this was brought back is because the seven (7) vehicles he previously mentioned did not exceed ten (10) feet, and those people thought they were in compliance, but this meeting will determine if they are in or out of compliance. He noted it would be difficult to explain why these people would be out of compliance when their vehicles are under ten (10) feet.

Mayor Hood reminded the Commission there is a motion to keep the ten (10) foot limit and not modify the ordinance.

 

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

Mayor Hood explained he voted "no" because he does not advocate changing the ten (10) feet height limit prior to the effective date of the ordinance, but the ordinance in existence before it was amended can reasonably be interpreted to mean that if the RV was ten (10) feet and the air conditioner extended above ten (10) feet, it was acceptable. He stated people have fair notice that as of the date of the ordinance, ten (10) feet inclusive of any ancillary equipment is the limit; however, for those slightly above the ten (10) feet limit because of ancillary equipment who have had their RV’s before the ordinance was passed, exceptions need to be made. Mayor Hood explained he would favor Option "A."

Commissioner Persis moved, seconded by Commissioner Boyle, to approve Option "A."

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

Item #9(B) - Dumpster Pads

ORDINANCE NO. 99 - 20

AN ORDINANCE AMENDING ARTICLE II, ACCESSORY USES, SECTION 2.10, DUMPSTER PADS, OF THE LAND DEVELOPMENT CODE, TO ALLOW FOR AN INCREASE IN THE MAXIMUM HEIGHT OF THE WALLS FOR THE ENCLOSURE AROUND DUMPSTER PADS UNDER CERTAIN CONDITIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-20, on first 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 #9(C) - Parking Deferral Program

ORDINANCE NO. 99 - 21

AN ORDINANCE RELATIVE TO A PARKING DEFERRAL PROGRAM FOR OFFICE USES IN PLANNED RESIDENTIAL DEVELOPMENTS, AMENDING SECTION 10.04F, OFF-STREET PARKING, OF THE LAND DEVELOPMENT CODE; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 99-21, 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 #9(D) - Privatization of Streets and Sidewalks Within "Emerald Lakes"

ORDINANCE NO. 99 - 22

AN ORDINANCE APPROVING THE MODIFICATION OF THE FINAL PLAT OF UNIT V, "EMERALD LAKES" OF THE "ORMOND LAKES" PORTION OF THE "NATIONAL GARDENS TRUST" DEVELOPMENT OF REGIONAL IMPACT; AUTHORIZING THE PRIVATIZATION OF STREETS AND SIDEWALKS WITHIN THE DEVELOPMENT; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-22, 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(E) - Wastewater Collection and Treatment System Requirements

Commissioner Gillooly moved, seconded by Commissioner Persis, to move Item #9(E) to the March 16, 1999, City Commission meeting.

 

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

Item #10 - Housing Authority Appointment

RESOLUTION NO. 99 - 41

A RESOLUTION APPOINTING CLISTER PELOTE AS A COMMISSIONER OF THE ORMOND BEACH HOUSING AUTHORITY TO COMPLETE THE UNEXPIRED TERM OF JULIET AUSTIN; SETTING FORTH TERM AND CONDITIONS OF SERVICE; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Gillooly moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-41, as read by title only.

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

Item #11(A) - Black College Reunion Traffic Control Plans

Commissioner Boyle complimented staff on the good report submitted regarding Black College Reunion traffic control plans.

Police Chief Mathieson advised that the Ormond Beach Police Department will be working very closely with Volusia County officials and the City of Daytona Beach on this plan. He urged the Commission to call if they had any questions.

Item #11(B) - Nova Community Center Tennis Court Fee Waiver by Seabreeze High School

Commissioner Boyle asked Mr. Alan Burton, Leisure Services Director, if the employee who worked at the tennis courts was moved to another function when fees were no longer being collected; whereby, Mr. Burton replied the employee is working in the same department but in another area. Commissioner Boyle asked if there is personnel at the court to oversee the reservations, and what would happen if someone has a reservation for a certain time and someone else is using the court. Mr. Burton explained that if there were someone else at the courts, the City would have to be contacted, and they would come to speak to the other party to work the problem out.

Commissioner Boyle moved, seconded by Commissioner Gillooly, to reduce the fee to $200 per year, per school team.

Commissioner Boyle expressed appreciation to the Commission for reconsidering this issue. He stated the agenda title is incorrect, since this issue is not the consideration of a waiver for Seabreeze High School, but the appropriateness of the $1,100 fee currently charged for any group. Commissioner Boyle pointed out this request is for only one (1) facility, and it is not disrupting the agreement regarding the fields. He stated the $1,100 fee is charged for booking, using a facility use form, and for reserving the courts, but no one is there to reserve the courts. Commissioner Boyle stated Seabreeze has paid this fee; therefore, they have never been the main issue. He noted equity should be provided, but Seabreeze will be able to pay the $1,100 fee while other schools may not be able to raise the money, leaving them out under the current fee structure. Commissioner Boyle recommended studying the policy in Daytona Beach where for their tennis program, the City goes into the schools, recruits the teachers and coaches, and provides lunches, T-shirts, trophies, and tournaments without any charge. He noted that at the municipal golf course there are three (3) school teams who pay an annual fee of $180 to $200 for a full season with unlimited play and unlimited use of the driving range as well as one (1) large tournament per season. Commissioner Boyle stated the $.50 service fee is also waived for those school teams.

Commissioner Boyle noted that for many years Ormond Beach had a $25 fee for a junior, six (6)-month membership at Nova Tennis; but as of October 1, 1998, fees were no longer collected, the memberships were ended, and prorated money was refunded. He stated the philosophy behind the long standing fee regarding juniors should be applied to teams with three (3) month tennis seasons. Commissioner Boyle stated utilizing this as a model rather than the daily individual fee, the fee would be close to $200. He stated he prefers no fee, but considering the form that needs to be filled out, he would compromise to a fee of $200.

Commissioner Boyle noted that this Commission says it is for and about children and recreation, yet he questioned if the Commission is investing in our children and creating opportunities for them and not erecting barriers to them. He stated the decision made on this issue says a lot about the City.

Commissioner Persis stated the City is for children and recreation. He stated Principal Kirton was in the audience earlier this evening, but did not stay for this discussion, and he theorized that is because this is not about children or recreation, but following proper protocol. He noted the people signing the agreement are not the ones asking for the reduction. Commissioner Persis stated that at a later date if the Commission deems it necessary, fees for all schools can be discussed, but he advocated the fee remain as it is for now.

Commissioner Irvin agreed with Commissioner Persis that this issue is not about children, but about an interlocal agreement established between the Volusia County School Board and the City. She stated if there is a problem, it is up to the administrators who made the agreement to bring it to the City Commission for a decision. Commissioner Irvin pointed out that Seabreeze serves students who live in Daytona Beach as well as Ormond Beach. She stated staff explained there is criteria that must be met to waive fees.

Commissioner Boyle stated the reason Seabreeze representatives are not here is because it is not about Seabreeze. He noted Ormond Beach is the only municipality charging a fee of this magnitude, which creates an inequity by denying use by smaller groups. Commissioner Boyle clarified he is not proposing a waiver, but a reduction. He stated that at this fee, the City will not have applicants to use the courts in the future.

Commissioner Irvin asked if the City should only reduce the fee for the tennis courts and not consider other things that require fees. She stated $1,100 is a great deal of money, but advocated the proper procedure being followed.

Commissioner Boyle stated he is ready to examine the entire fee structure.

Commissioner Irvin agreed she is also ready to re-examine the fee structure.

Commissioner Gillooly stated it may be more prudent to renegotiate the fee structure than reduce the fees for the tennis team now. He stated he disagrees with Mr. Burton’s analysis that this team is being treated differently because of gender. He stated the reason for this consideration is because these tennis courts require minimal upkeep as opposed to soccer and baseball fields which require tremendous upkeep. Commissioner Gillooly noted that the fee structure was put into place before the fees to use the courts were eliminated entirely.

Commissioner Gillooly withdrew his second to Commissioner Boyle’s motion and recommended renegotiating the fee structure.

Mayor Hood stated that by not withdrawing the motion, and voting not to approve it would address Commissioner Gillooly’s intent; whereby, Commissioner Gillooly agreed.

Mayor Hood explained that a "yes" vote is to reduce the fee to $200 for any group who wants to use the tennis courts. He stated that there is a consensus for the recreation department to revisit the fee structure question.

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

Item #11(C) - Consideration of Teen Advisory Board

Mayor Hood advised that Mr. Jordan Schemmel had come to the City Commission at the last meeting with a proposal for a Teen Advisory Board. He stated staff has offered four (4) alternatives.

Mr. Jordan Schemmel, 14 Sandpiper Lane, reported that staff had recommended Alternatives "B" or "D." He stated he opposes Alternative "B" or Alternative  "D," but Alternative "C" would be acceptable. He explained Alternate "C" would create the board in conjunction with the Volusia County School Board through the principals and would be sponsored by a Volusia County School Board employee. Mr. Schemmel stated he favors Alternative "A," but recommended the Commission approve Alternative "C."

Commissioner Boyle moved, seconded by Commissioner Persis, to approve Alternative "C".

Mayor Hood expressed appreciation to Mr. Schemmel for his leadership and initiative to create this board and instructed him to work with Mr. Lipps and Ms. Moisio to see this project through.

Commissioner Persis asked Mr. Lipps to take the lead in making sure this Board is created; whereby, Mayor Hood stated that from prior experience, he is aware there is a need to have a specific person lead a project such as this and a specific amount of time allotted to be sure it will be accomplished. He asked Mr. Lipps to spearhead this project and report back to the City Commission every thirty day as to the status of the progress.

 

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

Item #12 - Audience Comments On Agenda Items

Riverside Drive Survey

Mr. Don Ward, 1214 Parkside Drive, stated a few weeks ago this Commission discussed closing Riverside Drive, and voted to leave Riverside Drive open. He asked why City personnel were on Riverside Drive conducting a survey on City time and being paid by the City of Ormond Beach.

Mayor Hood explained the Commission has committed that Riverside Drive will remain open; however, at the same time, a commitment was made to look at the safety issues voiced at that meeting. He stated staff met with the community, different alternatives were discussed, and a transportation expert was hired. Mayor Hood noted that for the transportation experts to make proper recommendations to enhance the safety of the street, it was necessary to find out what type of traffic used the street, the frequency of the traffic, and other issues. To keep the costs down, Mayor Hood advised, staff was used for this survey.

WDL

Mr. Ward asked if WDL obtained their lease from the City; whereby, Mayor Hood explained WDL obtained the lease from the City who obtains them from the FAA. Mr. Ward questioned if there are individuals with leases on lots at the Airport that have not been built on; whereby, Mayor Hood replied that some of the older leases did not have provisions that required the people who leased the property to develop the property within a particular time frame. He explained the City Commission has adopted a policy that future leases and current leases require development within a specific time frame or the property reverts back to the City.

Teen Advisory Board

Mr. Schemmel asked for clarification on the motion that was carried for the Teen Advisory Board; whereby, Mayor Hood explained Mr. Lipps will be the liaison to work with Mr. Schemmel and the school system to make sure the Advisory Board is formed.

Tennis Club Fees

Ms. Carolyn Brenner asked for clarification on the item regarding the City further investigating the fees at the tennis courts; whereby, Mayor Hood advised the recommendation to the staff was that the City will look at this particular issue again when the contract is re-negotiated with Seabreeze High School. He stated at the next meeting the City Commission will decide if the Commission deems it prudent to reconsider the entire fee proposal or some portion thereof.

Keeping the Audience Informed

Ms. Rita Press recommended the audience be made aware of items being discussed by the City Commission, such as the different options regarding the Teen Advisory Board and staff’s recommendation regarding pawn shops. She noted the City Commission has this information, but the audience has no knowledge what is contained in the documents.

Item #13- Reports, Suggestions, Requests

Keeping the Audience Informed

Commissioner Boyle agreed with Ms. Press and recommended the agenda give more details.

Riverside Drive Survey

Commissioner Boyle thanked Mayor Hood for his explanation of the reason why this study was performed; however, he advised there are issues within the community on whether this type of study should be conducted again. He requested this be discussed at a future meeting to determine if such surveys are worth conducting.

Mayor Hood asked that this be placed on the next agenda for discussion.

Relocating the Fire Station

Commissioner Boyle requested an item be placed on the next agenda to reconsider the site approved in last week’s bond referendum. He stated that the entire Commission approved the concept of the general location as outlined in the May 19, 1998, workshop, and a land purchase and architectural services were approved in June and August; however, at no stage of the decision making process was there any input from the public. Commissioner Boyle stated after attending a Wilmette neighborhood meeting, such a reconsideration would allow the proper public hearing and enable the City to achieve closure and acceptance of whichever site this Commission decides to place the fire station. He also noted that on the pamphlet sent to voters for the referendum, the location of the site was not identified.

Mayor Hood stated this will be placed on the next agenda where, if a motion passes to reconsider the issue, it will be discussed at a future meeting.

Commissioner Irvin stated she agreed it would be wise to reconsider this situation.

Planning Director Reception

Mr. Russ Nicastro, 6 Mimosa Trail, expressed appreciation for the Development Review Board, Planning Board and City Commission being given the opportunity to meet Mr. Don O'Donniley, the City’s new Planning Director.

Pawn Shops

Commissioner Gillooly asked for clarification if pawn shops would be permitted on Nova Road, Clyde Morris Boulevard and Williamson Boulevard; whereby, Mr. Don O'Donniley, Planning Director, explained the staff recommendation is to approve pawn shops on these roads as a Conditional Use, which would require that they come back to the City Commission for final consideration. Commissioner Gillooly stated the Planning Board had two (2) restrictions recommended, one of which was to prohibit pawn shops from locating on collector or higher roadway. He stated he deems this a worthwhile restriction to add.

Ms. Veronica Patterson, City Clerk, advised there will be a second hearing on this issue at the next City Commission meeting; therefore, Commissioner Gillooly will have an opportunity to address these concerns.

Jim Burnett Married

Commissioner Gillooly announced that Mr. Jim Burnett, Planner, was married on Friday and expressed his well wishes to Mr. Burnett and his bride on behalf of the Commission.

Recreational Vehicle Issue

Commissioner Persis expressed his appreciation to the City Commission for their indulgence in bringing the recreational vehicle issue up again, and he stated it was good to see a unanimous vote on this difficult issue.

Item #14 - Close The Meeting

The meeting was adjourned at 8:40 PM.


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