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APRIL 20, 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
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation Mayor Hood asked for a moment of silence to remember those injured or killed in the school in Colorado. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Employee Appreciation Day Mayor Hood read a proclamation stating the dedicated employees of the City of Ormond Beach are the City’s ambassadors providing important community service on a daily basis. He advised the City Commission recognized all employees for their work and have proclaimed Friday, May 7, 1999, as City of Ormond Beach Employee Appreciation Day. Mayor Hood stated in honor of the outstanding achievements of the City employees, City Hall and non-emergency facilities that do not require 24-hour operations will be closed at noon on Friday, May 7, 1999, and a lunch will be provided at Sanchez Park from 11:30 a.m. to 1:00 p.m. He noted that those who have to work will receive five (5) hours off. Item #5 - Audience Remarks Code Enforcement Ms. Elizabeth Wilhelm, 12 Edgewood Way, advised that since the brochure sent by Kevin Gray was received, North Beach Street has less trash piled along the street. She requested follow-up on enforcement of the codes to ensure a cleaner Ormond Beach. AWOS (Automated Weather Observing System) Mr. Adrian Thompson, Ormond Beach Aviation, reported that since Ormond Beach Aviation is the largest operator at Ormond Beach Airport, he expressed disappointment that he had to learn the City is contemplating the purchase of an AWOS system through the News-Journal rather than the Economic Development Administrator. He related his opinion that the $20,000 of City funds is wasted on this AWOS system, and these funds could be better used. Mr. Thompson explained the use of the system would be limited to those two (2) parties who hold charter certificates. He recommended a better use for these funds is for ramp parking, explaining that if the Airport is opened to more arriving aircraft because weather information is available, adequate parking would be needed. Mr. Thompson stated Ormond Beach Aviation contributes more than all the remaining business at the Airport combined and recommended the City listen to what the largest operator has to say and to their opinion as to how resources should be expended at the Airport. Commissioner Boyle stated that Mr. Fred Baughman, Economic Development Administrator, has held quarterly meetings with those interested in Airport operations in lieu of reinstatement of the Airport Advisory Board. He questioned if Mr. Baughman introduced this idea at one of these meetings, and who requested the system. He noted constituents have been voicing their concern regarding the possibility of an increase in bad weather landings with the application of this new system. Commissioner Boyle stated that if the Airport Advisory Board had been reinstated, this would have been a good place to discuss this issue in detail and would have made the Commission’s job easier. Mayor Hood requested Mr. Miller instruct Mr. Baughman to prepare a memo to the City Commission responding to the points Mr. Thompson addressed. Water Shortage/Annexation Mr. Don Ward, 1214 Parkside Drive, stated that at the last City Commission meeting he asked Mayor Hood to publicly acknowledge what he said privately the week before regarding the fact that there is plenty of water available. He noted the Mayor did not reply to his comment and asked Mayor Hood to acknowledge this statement publicly. Mr. Eugene Miller, City Manager, replied that a meeting was just held with the Volusian Water Alliance where it was stated there is plenty of water; the problem is the cost of the water; therefore, as responsible business operations, the City is seeking the most efficient and least costly water obtainable according to the Master Plan for Water Usage from the State of Florida and the St. Johns River Water Management District. He explained irrigation restrictions are a matter of conservation. Mr. Ward stated this year Ormond Beach and the vicinity are predicted to have fires that are worse than last year, and today’s News-Journal reported the wells are dangerously low. He added considering these factors, he questions how 9,000 houses can be added which will need to draw water. Mayor Hood explained Ormond Beach does not have the ability to dictate if the 9,000 houses are brought into Ormond Beach, since they can either purchase water from Ormond Beach’s utility which has a certain consumptive use capacity, or they can purchase from Daytona Beach which has a certain consumptive use capacity, or they can attempt to get their own permit for a package plant. He stated the question asked is irrelevant to the question if Consolidated Tomoka Land Company is able to develop or not. He stated Ormond Beach has consumptive use permits to protect it, and Ormond Beach would not be permitted to annex and develop that land without being sure it stays within the consumptive use permit allocation. Mayor Hood noted Mr. Ward is past his five-minute time limit, and if he would like to discuss the matter further, he asked that he speak at the end of the meeting. Item #6(A)- Appointment to the Neighborhood Improvement Advisory Board Appointment RESOLUTION NO. 99 - 65
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-65 with the name Robert Renforth, as nominated by Commissioner Irvin, added to the Resolution.
Item #6(B)- First Response Agreement to Structural Fires RESOLUTION NO. 99 - 66
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-66, as read by title only.
Item #7(A)(1) - Ormond Towne Square Shopping Center DO Amendment (Chick-Fil-A) Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(A)(1). The motion carried unanimously. RESOLUTION NO. 99 - 67
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-67, as read by title only. Commissioner Boyle noted the number of parking spaces required in the County is being reduced; however, the number of parking spaces for the entire shopping center will still exceed Ormond Beach standards. He advised Volusia County requires ten (10) foot wide spaces; whereas, Ormond Beach requires nine (9) foot wide spaces. Commissioner Boyle stated in this case the standards in the County are stricter than those of Ormond Beach, which may need to be investigated at a future date. He pointed out that when development occurs in the County and is annexed into the City, the developer usually has the benefit of taking advantage of standards less stringent in the County.
Item #7(A)(2) - Chick-Fil-A Restaurant CUP Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(A)(2). The motion carried unanimously. RESOLUTION NO. 99 - 68
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-68, as read by title only. Commissioner Gillooly questioned how the problems at the rear of the building were addressed; whereby, Mr. Don O'Donniley, Planning Director, explained the canopy detail will be carried around the rear of the building, the exposed piping will be screened, the amount of landscaping will be increased as needed based on a determination to be made prior to occupancy but after construction, and outstanding Site Plan Review Committee comments will be addressed.
Item #7(B) - Adopting Wastewater Collection and Treatment System Requirements Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(B). The motion carried unanimously. ORDINANCE NO. 99 - 23
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-23, as amended, on second reading, as read by title only.
Item #8(A) - Participation with the Historic Trust on Grants for the Three Chimneys Mr. Ceylon Barclay, 1239 Oceanshore Boulevard, President of the Ormond Beach Historical Trust, advised when he spoke last week requesting the City assist in obtaining a Special Category Grant as an insurance policy for the Conservation and Recreational Land Use Plan (CARL) Grant, he was referring to a letter from Mr. George Percy, Director of the Department of Historical Preservation in Tallahassee, which indicated $50,000 was needed for the match. He explained that upon further investigation it was clarified that on a purchase, 50% of the purchase price is needed. Mr. Barclay withdrew his request because he could not ask the City to contribute $300,000 to $400,000. He stated there is a good chance CARL will fund this project, but if it does not, he will come back to the Commission requesting further assistance. Mayor Hood clarified that tonight Mr. Barclay is requesting a $20,000 matching grant for a walking tour with audio cassette and video tape of the historical and cultural resources of Ormond Beach to be shown at the Welcome Center. Mr. Barclay requested this grant be placed in the name of the Ormond Beach Historical Trust. He explained the funds would be utilized for a waking tour map, video tape, audio tape in several foreign languages, and a coloring book. He requested the funds owed by the Ormond Beach Historical Trust of $7,403 for the cupola be earmarked for this grant, leaving the City short only approximately $2,100 minus the donations by other organizations previously mentioned. Mr. Barclay recommended working with staff to determine the exact amount donated by these organizations. Mayor Hood noted staff has recommended approval. Commissioner Persis moved, seconded by Commissioner Irvin, to approve the request for eliminating the Historical Trust debt and providing the additional $2,075 matching funds. Commissioner Gillooly asked Mr. Barclay if the walking tour map, which includes historical sites such as the MacDonald House and the Casements, would include commercial sites. Mr. Barclay replied that the Chamber of Commerce would like to be a part of this and contribute some money, as would Ormond Main Street.
Item #8(B) - Recreational Vehicles Commissioner Gillooly stated he asked that this change in the ordinance be considered due to a blatant attempt to circumvent the law. He stated he agreed with the staff report that there will always be some people who will try to find ways around any ordinance, but he contended it is the City Commission’s job to try to plug the loopholes in the codes. Commissioner Gillooly described one particular case where a different axle was placed on the vehicle and small "donut" tires replaced the regular tires to bring the vehicle into compliance. He stated the question is if this vehicle would be "street" legal, and he contended it would not; therefore, he requested an amendment to include language that would assure that any measurement of the chassis would include fully inflated tires of the size conforming with manufacturers specifications. Mayor Hood advised there comes a point that government needs to step away from trying to regulate everything. He stated staff resources would be wasted and energies could be better utilized in other pursuits than in determining how recreational vehicles are complying with codes to this extent. Commissioner Gillooly stated the 10 foot high recreational vehicles are generally 22 to 24 feet long and the 12 foot high recreational vehicles are approximately 34 feet long; therefore, perhaps length should have been addressed. He disagreed that this is a small issue, since it is the issue he hears most about from constituents, and the public is being let down if certain people are permitted to flagrantly circumvent the law. Commissioner Boyle concurred with the remarks made by Mayor Hood and stated this all evolved from a complaint from one neighbor against another neighbor, and this amendment was instigated by a complaint by the same neighbor. He reported that Code Enforcement testified that ten (10) years prior to this complaint, Ormond Beach had not received a single recreational vehicle complaint. Commissioner Boyle stated this Commission is being asked to be an instrument of these complaints from this one citizen—that it is not sufficient to comply to the legal standard set by this Commission, but how they comply. He noted he is concerned regarding the growing potential for a lawsuit against the City because this may be considered a bill of attainder which is defined as when governing bodies pass laws directed at one individual. Commissioner Boyle expressed confidence in the City’s Code Enforcement officers to interpret and enforce the codes. Commissioner Boyle contrasted this question of height to the situation at 81 Diane Drive where the recreational vehicle is in violation of the codes regarding a "for sale" sign and screening. He urged the City to present this owner with a citation as soon as possible. Commissioner Boyle advised this entire 18 month process is an embarrassment to the City and has caused considerable disharmony among the citizens. He stated the staff and Planning Board have been disrespected in that they gave a very well qualified recommendation. Commissioner Boyle noted the City Commission has also been distracted, focusing on this issue when there are many other important issues to deal with. He registered his objection to members of the Commission imposing homeowner association values and constraints on the areas of the City where there are no homeowners associations. Commissioner Boyle urged the people to foster a sense of community where there is give and take with their neighbors. He questioned the protocol of this issue, stating this is the third time this issue is being considered. Commissioner Boyle summarized that he agreed with Mayor Hood that it is time to move on. Commissioner Irvin stated recreational vehicle owners will make many adjustments to come into compliance; however, the issue being discussed is an isolated issue. She noted laws do not change attitudes. Commissioner Irvin advised there is not much the City can do about people making adjustments to meet codes. She stated her decisions are based on what is best for the entire City. Commissioner Irvin reported she personally does not consider that recreational vehicles of any size parked in any yard adds to the beauty and quality of life of the City, but they are part of the recreational culture in Ormond Beach and need to be respected as such. She noted the City’s duty is to set guidelines, and this has been accomplished and needs to be enforced. Commissioner Irvin recommended taking a close look at a public facility for recreational vehicles as part of its recreational program. She stated this is an important issue, but it is time to move on. Commissioner Gillooly agreed this is complaint driven, but noted most things the Commission does are complaint driven. He stated people moved into Ormond Beach for convenience and protection, and they deserve protection from having these vehicles parked next to their homes. Commissioner Gillooly explained this issue was brought back previously by Commissioner Persis to clarify the height issue, and this time it was brought back because someone is breaking the law. Commissioner Persis responded to Commissioner Gillooly’s comment by stating what was not clear when he brought this issue back the last time was that he did not want to penalize people who had recreational vehicles stored for many years on their property, which were under 10 feet high but had air conditioning units that extended them over the 10 foot limit. Mayor Hood asked Commissioner Gillooly if he was making a motion to send this issue back to the Planning Board to consider an amendment that would indicated "measurement would include fully inflated tires of a size conforming with manufacturers’ specifications." Commissioner Gillooly concurred he was making that motion. The motion died for lack of a second. Item #8(C) - Budget/Summer Meeting Schedule Commissioner Boyle moved, seconded by Commissioner Persis, to approve Alternative #1, of the staff recommended budget meeting schedule. Commissioner Irvin stated she will not be available September 21, 1999, and recommended changing that meeting to another date. Mr. Bob Bentkofsky, Budget Manager, stated the public hearing dates were presented to visualize what the entire schedule would look like, but when the tentative millage rate is scheduled in July, the City Commission can select the date of the first public hearing; therefore, this is not a concern. Mayor Hood asked Mr. Bentkofsky to note Commissioner Irvin’s conflict.
Item #8(D) - Relocation of the City Shuffleboard and Horseshoe Courts Mr. Miller requested this item be considered as purely informational because a cost estimate was not included in this report. He stated the alternatives need to be refined to be sure this project is within budget. Mr. Miller advised this item will be brought back to the Commission after the cost is determined. Item #9 - Audience Comments On Agenda Items Water Shortage/Annexation Mr. Don Ward, 1214 Paradise Drive, repeated he objects to annexing 3,000 acres when there is a water shortage. He stated certain people make money on the side by representing these companies that wish to annex into Ormond Beach. Mayor Hood noted that since Mr. Ward made a clear implication against him, he emphasized that at no time has he represented Consolidated Tomoka Land Company. Item #10- Reports, Suggestions, Requests Durrance Acres Commissioner Boyle requested a report on the status of the Durrance Acres situation. He advised the Special Master imposed a sanction on the property owner in March, and he understands there has been nothing done to comply with that sanction or the recommendations. Commissioner Boyle noted there is a clear danger of loosing the trees, although he was assured by Bill Butler, Landscape Architect, if the trees were to die, they would have to be replaced. He requested this report be presented by the next meeting, although it would not need to be discussed at that meeting. Mayor Hood asked that a written report be provided. Water Bills Commissioner Boyle advised he has been receiving numerous complaints that the water bills are higher this month. He stated billing from last month was for a 27 day duration, and this month was a 36 day duration, and he questioned if there has been any change in policy regarding billing dates or meter readings. He noted he was informed that an employee acknowledged the City estimates water bills, yet he was told that the City does not. Police Athletic League (PAL) Commissioner Irvin advised the Police Athletic League (PAL) program for 2000 has been approved, and she commended staff and the Police Department for planning and monitoring the activities of the local PAL. Commissioner Irvin commended US Airships for assisting the PAL program with their purchase and installation of four (4) new computers. Commissioner Irvin also thanked the Bethune-Cookman College computer students who have agreed to work with PAL. South Ormond Neighborhood Park Commissioner Irvin advised she is pleased to announce that progress is continuing at the South Ormond Neighborhood Park. Demolition of Abandoned Houses Commissioner Irvin reported two (2) more abandoned houses on Bostrom Lane have been demolished to make room for the children’s playground and picnic pavilion. Code Enforcement Commissioner Irvin complemented Code Enforcement for its progress, but she has recently been receiving complaints that Code Enforcement is being inconsistent in its enforcement of the codes. She noted an example where signs were taken from one homeowner’s property, while there are other similar signs on properties throughout the City and some on the Granada Bridge placed by the City. Mayor Hood asked Mr. Miller to be sure Ormond Beach is applying its rules in an equal and fair manner. Recreational Vehicles at Wal-Mart Commissioner Gillooly reported he had received a complaint regarding recreational vehicles parked in the Wal-Mart parking lot. He requested a status report on this situation for the next meeting. Water Bills Commissioner Persis commended staff for the new format of the water bills which is much easier to read. PAL Program Commissioner Persis advised a constituent informed him a secretarial position was to be cut in the PAL program, and he asked if this were true. Mr. Miller explained that in his opinion the performance of the PAL program will not deteriorate. He noted the funding for the PAL program is being eliminated this year, thus the City has applied for a special grant to operate the PAL program. He advised the City will do all it can to maintain the standards of performance in this effort which will be presented in the operating budget. He stated this item will be further discussed at the budget workshop. Capital Improvement Projects Workshop Commissioner Persis commended staff for the fine job they did handling the Capital Improvement Projects workshop and was pleased such a large number of citizens attended and offered input. Vacation Schedules Commissioner Persis advised he would not be available for meetings from July 21 through July 31, 1999; whereby, Mayor Hood stated the meetings are scheduled for July 6 and July 20, 1999, which would not be a conflict. Commissioner Gillooly stated he has a conflict with the August 3, 1999, meeting. Commissioner Boyle noted he had no conflict with the meeting dates. Commissioner Irvin noted a conflict with the September 21, 1999, meeting. Mayor Hood stated the August meetings need to be changed to August 10 and 17, 1999. Commissioner Gillooly noted a budget meeting was scheduled for August 3, 1999, but Mr. Bentkofsky explained this is a workshop that can be moved to August10th without any problem. Mayor Hood advised he will be out of the country from June 30 through July 18, 1999. He stated although there is a meeting scheduled for July 6th, that date does not need to be changed and the meeting may be held without him present. Mayor Hood asked that a resolution be prepared modifying the aforementioned dates and placed on the next agenda. Item #13 - Close The Meeting The meeting was adjourned at 7:55 PM. |
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