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JULY 6, 1999 7:00 PM Present were: Deputy Mayor Frank Gillooly Commissioners Jeffrey J. Boyle, Thelma B. Irvin, Carl G. Persis, City Manager Eugene Miller, City Attorney Randal Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Deputy Mayor Gillooly called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Michael Ocealis, Grace Community Church. Item #3 - Pledge of Allegiance Deputy Mayor Gillooly led in the Pledge of Allegiance. Item #4 - Approval of Minutes Deputy Mayor Gillooly advised the minutes of the June 15, 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.
Item #5 - Employee-of-the-Quarter Award Mr. Eugene Miller, City Manager, advised that Steve Johnson in the Engineering Division of the Public Works Department was chosen as the Employee-of-the-Quarter. He noted Mr. Johnson exemplifies the dedication and willingness to serve the community. Deputy Mayor Gillooly recognized Mr. Johnson by presenting him with a plaque bearing his picture to be placed in City Hall during the quarter, a second plaque with his name engraved on it to be permanently placed in City Hall, and a watch with the City logo on its face. He thanked Mr. Johnson for a job well done on behalf of the City. Item #6 - Audience Remarks "4 Corners Celebration" Mr. Harold Briley, 312 North Beach Street, commended the City of Ormond Beach, the Ormond Beach Chamber of Commerce, and Ormond Beach Main Street for the wonderful "4 Corners Celebration" which was a huge success. Ms. Alice Henry, 193 Bosarvey Drive, agreed that the "4 Corners Celebration" was an outstanding event. Bailey/Derringer Park Ms. Alice Henry, 193 Bosarvey Drive, reported the City has honored Mayor Nicholas Fortunato and Mayor Ernest Cassen by naming parks after them, but Mayor Charles Bailey is also highly deserving of such an honor. She stated Mayor Bailey was a great humanitarian who cared a great deal about the people in this community. Ms. Henry advised Betty Derringer worked at the Community Fund and touched many lives in the community by seeing that their needs were met even before they asked for help. Ms. Henry asked the City Commission to consider dedicating the grounds where the Community Fund building as the Bailey/Derringer Park. Deputy Mayor Gillooly asked this item be placed on the next agenda for discussion. African-American Veterans Ceremony Mr. Donald O’Lone, 1304 Northside Drive, commended the City of Ormond Beach for the African-American Veterans ceremony and plaque presentation on June 27, 1999. He advised he sent copies of the News-Journal’s articles on this issue to newspapers in Tallahassee, Jacksonville, Atlanta, Miami, and Tampa. Commissioner Persis "Get Well" Wishes Acknowledged Commissioner Persis expressed appreciation to the City Commission and City for the "get well" wishes. He explained he had emergency surgery to repair a herniated disc in his back and thanked all who sent cards and made calls wishing a speedy recovery. Item #7 - Consent Agenda Deputy Mayor Gillooly advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle asked that Items No. 7(D), 7(E), 7(F), and 7(G) be discussed separately. Commissioner Persis asked that Item No. 7(L) be discussed separately. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of the Consent Agenda, minus Items No. 7(D), 7(E), 7(F), 7(G), and 7(L).
Item #7(D) - SCADA Upgrade RESOLUTION NO. 99 - 105
Commissioner Boyle advised he has no question regarding the need and justification for this system; and he noted that although his was not a specific line item in the budget, the funds are available. Commissioner Boyle asked if a the City will receive a guarantee that it will be year 2000 (Y2K) compliant by October 1, 1999; whereby, Mr. Ted MacLeod, Public Works Director, answered affirmatively. Commissioner Boyle asked if testing will be done prior to that date. Mr. Tim Sheahan, Utilities Manager, confirmed that Y2K compliance testing is included in the contract. Commissioner Boyle asked if maintenance after the sale is part of the contract; whereby, Mr. Sheahan advised there is no continuing maintenance stipulation in the contract. Commissioner Boyle asked if this was not sent out for bid because there are few companies in this business. Mr. Sheahan agreed there are very few companies, and since the existing system is a Bristol Babcock system, that system was chosen. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-105, as read by title only.
Item #7(E) - Ames House Renovation RESOLUTION NO. 99 - 106
Commissioner Boyle asked when the Ames House will be ready for occupancy. He stated that with this change order, the project is $25,000 to $30,000 under budget, and asked if these funds will be utilized for further improvements of the Ames House grounds. Ms. Judy Sloane, City Engineer, stated renovations are complete and the move is planned for next week. She stated there are no plans to use the remaining funds on the surrounding area. Mr. Randy Hayes, City Attorney, explained the move is scheduled for Thursday and Friday, and he noted the next phase will be for improvements to the parking lot. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-106, as read by title only.
Item #7(F) - Fire Station #93 Bid RESOLUTION NO. 99 - 107
Commissioner Boyle advised this fire station was originally budgeted at $765,000, and now the cost is $59,000 greater which does not include the $20,000 to $30,000 to reconfigure the parking lot at the Performing Arts Center. He asked if the project is already $59,000 over budget; whereby, Ms. Sloane explained the $25,000 for the parking lot had been added with the bond issue. She noted the parking lot at the Performing Arts Center was budgeted for next fiscal year. Ms. Sloane noted the project is approximately $15,000 over budget, but pointed out that the budget was projected two (2) years ago and, considering inflation, the cost is not far off target. Commissioner Boyle stated just because some funds will come out of next year’s budget, the funds are still part of the fire station construction costs. Ms. Sloane advised the original cost was budgeted solely for the building and site work, not the parking lot for the 20 spaces or the revisions to the Performing Arts Center. Commissioner Boyle asked if this will affect the police station budget; whereby, Ms. Sloane noted the police station will be constructed by a construction manager at risk, and there will be an identified guaranteed price before construction begins. She stated it is not anticipated the City will need to go over budget for both facilities. Commissioner Boyle commented he has consistently opposed this location for the fire station and will continue to vote "no" on this project any time it comes before the Commission. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-107, as read by title only.
Item #7(G) - U.S.1/Tomoka River Utility Relocation and Force Main Cleaning RESOLUTION NO. 99 - 108
Commissioner Boyle advised the Friday Letter of June 25, 1999, reported the winning bid for this project was $442,523, but the staff report dated July 1, 1999, indicates the bid was awarded for $496,123. He asked why the amount was increased $54,000 in one week. Ms. Sloane explained $442,523 was the base bid, but alternates (force main cleaning and some additional bypassings to keep the lines in service during the construction) were included in the final recommendation. She noted these were considered alternates because they could have been deferred, but since the project came within budget, it was deemed appropriate to do this work at this time. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-108, as read by title only.
Item #7(L) - City Hall Redesign Commissioner Persis stated the redesign of the second floor will make it less confusing for visitors and be a more efficient use of space. He recommended the reception area be brightened to make the area more customer friendly. Mr. Miller expressed pride in this redesign in that this was recommended by staff due to employee responsiveness to what has been heard from the customer. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of the proposed City Hall redesign.
Item #8(A) - First Cycle 1999 Comp Plan Amendments RESOLUTION NO. 99 - 111
Deputy Mayor Gillooly noted this Resolution has four (4) segments. He asked Don O'Donniley, Planning Director, to explain each separately. Mr. O’Donniley noted the first segment is a result of a recent annexation which would amend the Future Land Use Map. He stated after the plan is amended, the R3C, Single-Family Medium Density, classification will be considered. Mr. O’Donniley stated this proposal is consistent with the Comprehensive Plan and compatible with adjoining land uses. Mr. O’Donniley noted the remaining segments are administrative amendment recommendations. He stated the second segment is four (4) lots designated Government-Institutional to be classified as Low Density Residential (LDR). He noted this had been previously considered, and a concern was noted that the lots should be sold as only two (2) building lots. Mr. O’Donniley reported the planning Board’s approval is contingent on the caveat that there be only two (2) lots. Mr. O’Donniley explained the third segment is two (2) parcels to be classified Government-Institutional. He stated this had also been previously considered, but the original proposal was for a change to a Commercial designation. He noted staff and the Planning Board consider Government-Institutional more appropriate to protect the surrounding property interests. Mr. O’Donniley indicated the fourth segment is approximately 4.5 acres and is currently designated Industrial Utilities, with the initial proposal being High Density Residential (HDR) and amended to Medium Density Residential (MDR) at the recommendation of the Planning Board. He noted S.R. Rinker has expressed opposition to this proposal. Mr. O’Donniley stated this is currently zoned residential, and this amendment will correct a map error. Mr. Worley Pruitt, 129 Seminole Avenue, located adjacent to the property as indicated on the second proposed segment, noted a house can be built on a 50 foot lot. He opposed these lots being sold as four (4), 50-foot individual lots and recommended two (2) 100-foot lots. Mr. O’Donniley advised the Planning Board’s recommendation includes the caveat that the lots only be sold as two (2) 100- foot lots. Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously. Commissioner Irvin agreed with Mr. Pruitt that a house can be built on a 50-foot lot, and the caveat restricting this is prudent for this area. She recommended this property be replatted or deeded to clearly signify there are two (2) 100-foot lots. Mr. O’Donniley noted this needs to be approved by resolution, and a unity of title limiting the parcel to two (2) lots can be prepared. Commissioner Irvin moved to amend, seconded by Commissioner Boyle, to add clear language that specifies a unity of title limiting two (2), 100 foot lots for the parcel on Seminole Avenue.
Commissioner Boyle questioned why the agenda designates the Tomoka, Groover and James properties as High Density Residential (HDR), and the Planning Board recommended Medium Density Residential (MDR). Mr. O’Donniley advised the correct recommendation is for Medium Density Residential (MDR). Commissioner Boyle asked if there is something that can be done to insure the wetlands remain intact. Mr. O’Donniley noted the Planning Board shared this concern, and the reason it was changed from high to medium density reflects that concern. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-111, as amended.
Item #8(B)- Florida Urology Annexation ORDINANCE NO. 99 - 26
Commissioner Persis moved, seconded by Commissioner Boyle, to table this request.
Item #8(C) - Scottsdale Drive Vacation ORDINANCE NO. 99 - 33
Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(C). The motion carried unanimously. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-33, on first reading, as read by title only.
Item #9 - Calling a Special Primary Election for Zone 3 City Commissioner ORDINANCE NO. 99 - 34
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-34, on first reading, as read by title only.
Item #10(A) - Funding of Youth Baseball Team Tournament Travel Mr. Eugene Miller, City Manager, stated Mr. Ed Kelley requested $2,000 assistance for the Waves youth baseball team, and a tentative agreement was to give the Riptides team 50% of the amount given to the Waves, which would total $3,000. He explained $1,000 is budgeted, but the remainder would need to be taken from the reserve if the Commission so desires. Commissioner Boyle moved, seconded by Commissioner Persis, to make a one (1) time contribution of $2,000 to the Waves, and a one (1) time contribution of $1,000 to the Riptides. Commissioner Boyle stated beside the $1,000 budgeted amount, there is $1,301 in the 1998-99 budget which is not earmarked for anything at the present time as outlined on page 269 of the budget, leaving $700 unaccounted for. He stated staff has previously been very creative in accessing funds and challenged Leisure Services to find the $700 without requiring a budget amendment. Commissioner Persis indicated this is not setting a precedent since the City has previously funded teams and he supported expending funds for the efforts of the City’s youths and because they will be excellent ambassadors for the City.
Item #10(B) - Business Seating on Sidewalks Mr. Don O'Donniley, Planning Director, recommended the second option presented which is to identify this seating as an incidental use that will be dealt with through the Code of Ordinances, establish a permitting process, and establishing criteria. Deputy Mayor Gillooly opened the issue for public comment. Ms. Lori Gillooly, Executive Director of Ormond Main Street, expressed support of staff’s plan for a permitting process for outdoor seating. She noted Main Street is cognizant of the aesthetic and liability concerns, and Mr. Mike Knaebel, President of Ormond Main Street, suggested the City allow the successful business permittees to purchase the seating from the City so it will match the seating already in place and planned for the Streetscape. Commissioner Persis asked the cost for the permit and the anticipated time frame; whereby, Mr. O’Donniley requested City Commission direction as to the time frame. He stated staff can work out the details, but groups such as Ormond Main Street could garner suggestions from the broader community; however, this would take longer. He also stated the fee would be minimal, such as $25 which had been suggested. Commissioner Persis deferred to Commissioner Boyle since he is a small businessman in the downtown. Commissioner Boyle recommended the fast tract approach. He stated he spoke to merchants who asked to place two (2) or three (3) chairs outdoors, and only three (3) business have expressed an interest. Commissioner Boyle noted the City could determine the color and consistency of what the chairs should be. He recommended staff work with the three (3) businesses, give them a conditional approval, if acceptable, and then fast track the rules. Commissioner Boyle moved, seconded by Commissioner Irvin, to allow outdoor seating as previously described.
Item #10(C) - Advisory Board Member Conflict of Interest Mr. Randy Hayes, City Attorney, explained the question was asked at a previous meeting if a sitting board member could represent a client on the board on which he/she sits as a member. He noted the Florida Commission on Ethics has addressed this situation and determined the board member cannot represent a client on the board. Mr. Hayes advised there are other issues, such as whether one can vote, versus participate, and the circumstances change from time to time on this issue. He noted a copy of this memorandum has been provided to all the board members and recording secretaries as a refresher as far as actions permitted and not permitted by board members. Commissioner Persis expressed appreciation for Mr. Hayes’ research on this matter. Commissioner Boyle explained to the citizens what this issue concerns. He stated a member of the Development Review Board was hired by the blimp company to be the site plan engineer for that company, and subsequent to that, the company and representative came before the same board to petition for an additional height allowance. Commissioner Boyle explained that board member stepped down from the board and addressed the board, representing that client. He asked if there had been any response from the board member who is the subject of the conflict and expressed concern regarding the future, because this company will come back numerous times for various approvals. Mr. Hayes replied he has not had personal contact with any board member, but he understands the memorandum has been distributed. He stated no member will, in the future, represent any client before the board on which he/she sits. Commissioner Boyle requested Mr. Hayes personally communicate directly to the board member in question to avoid any future embarrassing situations. Commissioner Irvin asked if it is proper, as this time, to place the reinstatement of the Airport Advisory Board on the next agenda for discussion. Deputy Mayor Gillooly requested this be done. Item #10(D) Relocation of Shuffleboard and Horseshoe Courts Mr. Eugene Miller, City Manager, stated staff is asking for a conceptual approval to go to the neighborhood where the relocation is planned and also to the Shuffleboard Club. Deputy Mayor Gillooly asked if any problems are anticipated; whereby, Alan Burton, Leisure Services Director, explained that the City Commission packet has a report with questions and answers and a report on the discussion with the Shuffleboard Club. Commissioner Irvin asked where the entrance off Hand Avenue would be located. Ms. Sloane explained the entrance would be between Harbor Lights on the east and Oak Brook on the west. Commissioner Persis moved, Commissioner Boyle seconded, to approve the conceptual plan for relocation of the Shuffleboard and Horseshoe Courts.
Item #11 - Audience Comments On Agenda Items Appointments to Boards Ms. Rita Press, 875 Wilmette Avenue, advised she was present at a Development Review Board meeting where three (3) people could not vote on a particular item because they had a conflict of interest. She stated due to the conflict, there was no quorum, and the item had to be postponed for a later date. Ms. Press noted it is the Commissioner’s responsibility to know that a person is doing business with the City and conflicts will arise, and it is also incumbent upon the Commission to make sure these people are not appointed to boards. She stated it is a disgrace that there are people on the Development Review Board who have to recuse themselves from voting at every meeting. Commissioner Boyle noted while Ms. Press’s point is well taken, the City must be cognizant of the fact that appointments go beyond the term of the Commissioner, and new members are not automatically appointed upon election. He stated the intent is not to deny participation on boards from people who may have an opportunity to do business with the City, and there was an attempt on the Development Review Board to have people in the development process involved with the board. Commissioner Boyle noted when recusing reaches the rate of 40% to 50% of the issues, it is time for the Commissioner to go to that board member and request they resign from the board. He noted he attended a Development Review Board meeting where the board member was recused, yet participated in the discussion making argument throughout the entire meeting, then abstained when it came time to vote. Commissioner Boyle noted there are forms a board member must fill out on each issue from which the member abstains. Mr. Russ Nicastro, 6 Mimosa Trail, asked which boards will be advised of Mr. Hayes opinion regarding conflict of interest; whereby, Mr. Hayes noted he understands the memorandum has already been distributed to all board members. Mr. Hayes stated his research recognized the need and desire to have members on boards who have expertise in land regulation, engineering, etc., and a prohibition of this type member is not recommended. He stated regarding appointments and reappointments, one of the factors to be considered is the nature and number of conflicts and reoccurring conflicts. Mr. Hayes noted most board members serve at the pleasure of the City Commission. He reported there is nothing that expressly denies a member from participating in discussion, while there is language which indicates a member should disclose the nature of the conflict as soon as it is known. Mr. Hayes advised the City can adopt more stringent requirements if so desired. Mr. Nicastro stated the member has a monitory interest as an engineer representing a firm and then sits on a board representing the City which would automatically cause a definite conflict. Mr. Hayes repeated there is no prohibition on participation, but there are qualifiers. Commissioner Boyle noted that when the board members who are engineers are voting on issues not directly relating to their company, they are voting on the projects of their competitors. He noted balance in representation is sought on this board, but at the same time, there is always a question when board members can vote on their competitors’ applications. Lowe’s Store Mr. Nicastro asked the status of the Lowe’s store; whereby, Mr. Miller explained that until there is a Certificate of Occupancy issued, the store is in Volusia County, and only after they receive the Certificate of Occupancy will it be annexed into the City of Ormond Beach. Mr. Nicastro asked when it will be placed on the Ormond Beach tax rolls. Mr. Miller stated when Lowe’s is in the City, the total levy will come to Ormond Beach. Northbrook Drive Sidewalk Mr. Fred Kurtz, 943 Northbrook Drive, stated he presented a letter to Mayor Hood on June 26, 1999, to be copied to the City Commission. He stated some items were completely overlooked, such as when the Northbrook Subdivision was planned in 1977, it did not include sidewalks and the grading was graded for the road right-of-way, not for sidewalks. Mr. Kurtz indicated the Sidewalk Master Plan did not account for the grade in the driveways. He noted concern regarding the relocation of the sprinkler systems. Mr. Kurtz advised that when 98% of the residents do not want a sidewalk, it deserves reconsideration. He stated he anticipates liability problems with construction of the sidewalks. Mr. Kurtz reported concern regarding postal vehicles using the sidewalk as a service road. Deputy Mayor Gillooly noted that the vote was 3:2, with he and Commissioner Boyle opposing the sidewalk, and the only way this could be reconsidered is if a Commissioner who voted for the sidewalk would request that it be reconsidered. Mr. Hayes explained this item cannot be reconsidered in that manner because this concerns awarding a contract, and the City cannot unilaterally rescind the contract without exposing the City to liability. He noted the contractor has an expected profit margin through the issuing of the contract. Commissioner Boyle agreed with Mr. Hayes that this is the letter of the law, but he argued that this contractor is doing all the sidewalks and has many contracts with the City of Ormond Beach; therefore, if there was a reconsideration, he is not convinced it could not be effected. He stated an issue was misrepresented at the meeting when this vote was taken which is the fact that there is a list of sidewalks where the priorities were set by need and danger, but this is not the list from which the City is now working. Commissioner Boyle explained there are three (3) lists—one (1) for need and danger, one (1) for cost effectiveness, and the third list is a combination of the two (2) aforementioned lists. He advised the sidewalk on Orchard Street is needed, but is not being built. Commissioner Boyle is not convinced this issue got a fair public hearing, since Mayor Hood would not allow hearing the same information that was stated at the prior meeting. He stated the City is placing sidewalks where the residents do not want them and not placing them where there is a desperate need and residents want them. Mr. Miller asked to permit staff reports be prepared on the facts of this situation before reconsideration. Mr. Ted MacLeod, Public Works Director, stated the sidewalks were prioritized as Commissioner Boyle explained, but the reason the cost benefit issue was introduced is because easements are needed on some sidewalks, and this takes time to acquire. He noted the bulk of the expense in these projects is the easements; thus, the cost benefit analysis was introduced to prioritize them in a manageable schedule. Mr. MacLeod indicated there are other sidewalks more important from a needs standpoint, but this process makes them more manageable. He noted he never meant to misrepresent this process. Commissioner Boyle stated he understands staff did not mean to misrepresent the process, but the public was lead to believe there was only one (1) list based on need and danger. He asked the time table for this project; whereby, Mr. MacLeod explained the sidewalk will be completed by mid August. Mr. MacLeod noted the City Engineer has been to Northbrook many times and is assured that a very safe, good looking, functional sidewalk that will be a credit to that neighborhood will be built with the sprinkler systems adjusted to the residents’ wishes. Deputy Mayor Gillooly stated that while the City is legally bound to honor this contract, he agrees with Commissioner Boyle that it is possible to make arrangements with the contractor if it is the Commission’s will. Deputy Mayor Gillooly asked if there were a motion to table this until the next City Commission meeting. Mr. Hayes explained a motion to reconsider is not in order; the proper legal vehicle would be to approach the contractor to see if he would be willing to enter into an amended contract to delete that portion of the sidewalk. He noted reconsideration cannot be done by the City Commission, but between the contractor and the City Commission. Deputy Mayor Gillooly stated hearing no motion the issue is dead. Mr. Samuel Rand, 933 Northbrook Drive, asked to speak on the sidewalk issue. Deputy Mayor Gillooly explained the issue is dead. Mr. Rand complained the residents did not have a say in their own fate. Deputy Mayor Gillooly explained that residents came to the public hearing, had their say, but did not get the necessary votes. Skateboard Protection Gear Ms. Muriel Nicastro, 6 Mimosa Trail, stated she finds watching professional skateboarding exhilarating and noticed protective gear is worn by the athletes. She stated the Ormond Beach skatepark has rules regarding this protective gear which are prominently displayed in at least two (2) places, yet at 4:30 p.m. today there were seven (7) children skateboarding and none wore protective gear. Deputy Mayor Gillooly asked this be addressed at the next meeting. Outdoor Displays Mr. Joe Dougherty, 33 Division Avenue, asked the status of the outdoor display ordinance. Mr. Don O'Donniley, Planning Director, explained this item will be brought to the City Commission in August, but staff will try to bring it sooner. He noted it takes time to map correctly, but the issue will be brought to the City Commission within 45 days or less. Northbrook Sidewalk Mr. W.C. Rumfelt, 925 Northbrook Drive, asked why the Northbrook sidewalk cannot be deleted when there are many areas where sidewalks are needed in other zones, and this sidewalk is not wanted or needed. Deputy Mayor Gillooly replied he was extending a courtesy by allowing Mr. Rumfelt to speak, but while he is just as disappointed in the outcome, the issue is dead and it is time to move on. Commissioner Persis clarified that contrary to much of the misinformation that had been voiced, the Orchard Street sidewalk will be completed by the end of the fiscal year. Commissioner Irvin also noted that the streets in her area are scheduled for stormwater drainage, which must be done before sidewalks. Item #12 - Reports, Suggestions, Requests Northbrook Sidewalk Commissioner Boyle stated the City could have done a better job communicating what was planned for Northbrook. He stated at the first meeting the Northbrook residents were able to speak, but at the second meeting they were instructed not to repeat their petitions, and those who did not have a vested interest were allowed to make their case. Commissioner Boyle stated he anticipates the same problem recurring in other areas of the City. Baseball Team Tournament Travel Commissioner Boyle requested the checks be cut quickly for the baseball teams because they are leaving for the trips soon. Mr. Miller promised they would be cut tomorrow. Commissioner Persis Attendance Commissioner Boyle expressed appreciation to Commissioner Persis for attending this meeting under the circumstances of his recent surgery. Benjamin Moore Paints Sign Commissioner Boyle explained the Benjamin Moore Paints business wished to relocate in Granada Crossings which triggered two (2) signage problems: they wanted to transfer their present sign to the downtown, but it is six (6) inches too wide; and they wanted to place a plank on the Granada Crossing sign, but this is not allowed because the current sign is not in compliance. He noted the sign is a standard size located in 3,000 locations across America. Commissioner Boyle noted without the plank sign, this business would have no way of informing new customers how to find the store which is set well back from the street. He clarified that he is not offering criticism of staff since they are working with the existing code, but what he is objecting to is that small businesses must adhere to more strict rules of the downtown. Commissioner Boyle stated this is ludicrous and insane, and Ormond Beach is about to lose this business because of these rules. He stated the owner of the business, the City, the downtown, and the customers are all losers if this establishment is lost, and he asked that his words be transcribed in the minutes as such. Commissioner Boyle pointed out that Lowe’s will erect an enormous sign not in compliance with City rules under County jurisdiction, and then Ormond Beach will annex them into the City with its much larger signs accepted. He stated the City should recognize there is a difference between new development on the western parameter and redevelopment of the eclectic downtown. Commissioner Boyle advised the City Commission has three (3) options: continue with the status quo; do a massive overhaul of the antiquated rules; or make all the rules throughout the City the same. He asked this item be placed on the next agenda for discussion. Mr. Miller asked if this discussion should be restricted to the Streetscape Overlay District or the entire Land Development Code; whereby, Commissioner Boyle replied all the rules in the Streetscape Overlay District need to be reviewed, revised, or discarded. He recommended giving the Planning Director more flexibility in these matters. "4 Corners Celebration" Commissioner Boyle thanked the City employees, Peggy Mathieson, Lori Gillooly, and Main Street for all of their efforts for the "4 Corners Celebration." He noted they gave up their holiday to make sure it was a great holiday for the people of this community. 1998 Wildfires Commissioner Boyle recalled that it was one (1) year ago when the wildfires threatened Ormond Beach and the vicinity. He acknowledged the firefighters, staff, and community who pulled together and so generously gave food, drinks and materials. Commissioner Boyle remembered the City’s good fortune, and stated he hopes lessons were learned from the experience. Recent Celebrations Commissioner Irvin expressed appreciation to staff and the "4 Corners" committee for the great job in the celebration of Independence Day. She stated this event was a great success and reflected one of her visions—using the river and parks. Commissioner Irvin stated she visualizes more of this type of involvement in the residents’ daily lifestyle, not merely for celebrations. She stated the entire family utilizing the natural resources available in the downtown will help revitalize the area. Commissioner Irvin commented on the great talents of the City’s own Police Chief, Larry Mathieson, and Linda Cole who were among the entertainers at the celebration. Commissioner Irvin reported during the last week in June, Ormond Beach made history having national coverage with the unveiling of the World War II plaque. She thanked all who welcomed this project with open arms when she raised this issue. Commissioner Irvin stated Ormond Beach was the first City in this Country to take such a step and open the door for so many forgotten people. Commissioner Irvin expressed appreciation to Mark Schlueb of The News-Journal for his coverage of the aforementioned projects and for the support The News-Journal showed. Commissioner Persis also commended all who were involved in both the "4 Corners Celebration" and the World War II plaque presentation. Volusia County Gas Tax Commissioner Persis asked the status of the Volusia County gas tax; whereby, Mr. Miller replied there is a meeting of managers this week, and Volusia County is trying to arrange a meeting with all of the managers. He stated five (5¢) cents was approved, four (4¢) cents of which will be distributed among the cities according to some type of formula. Mr. Miller reported it will be at least two (2) weeks before this item is ready to come back to the City Commission. Board Member Terms Commissioner Persis asked that an item be placed on the agenda for the first meeting in August to discuss terms of office for board members. "4 Corners Celebration" Deputy Mayor Gillooly commented that even though thousands of people attended the "4 Corners Celebration," there was no raucous behavior that he witnessed and everyone was polite. He stated the celebration made him proud to be a part of Ormond Beach. Deputy Mayor Gillooly thanked Nancy Hogle and Peggy Mathieson for a marvelous job. Helicopter Approaches at the Airport Deputy Mayor Gillooly reported the FAA and Sheriff’s Department have helicopters that utilize the Ormond Beach Airport. He noted they were asked to make their approach within specified areas due to complaints from Tomoka Oaks residents. Deputy Mayor Gillooly requested Fred Baughman, Economic Development Director, remind these organizations to make a different approach to the airfield to allay the concerns of these residents. Dodson Creek Property Deputy Mayor Gillooly advised he received a memo from the Environmental Advisory Board requesting action be taken regarding the Dodson Creek property citing Sections 7.1.3 and 7.1.4 of the Conservation Element. He requested this be placed on the agenda for the next City Commission meeting. Item #13 - Close The Meeting The meeting was adjourned at 8:50 PM. |
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