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AUGUST 24, 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 The invocation was given by Reverend David Wooten, Riverbend Community Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the minutes of the August 10, 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 Gillooly, to approve the minutes as submitted.
Item #5 - Audience Remarks Water System Update Mr. Ted MacLeod, Public Works Director, reported the lab analysis indicated that the water quality was never compromised as a result of the events on Friday, August 20, 1999. He explained that a transformer, which supplied power for the high service pump controls blew, the power to the pump controls was lost, and the pumps shut down. Mr. MacLeod stated the utility staff wired the power from another location in the plant to the pump controls, thus enabling the pumps to run again, but the pumps were down for 40 to 50 minutes resulting in a reduction of pressure in the distribution system. He reported the pressure dropped to below 20 pounds per square inch (psi) for approximately 15 minutes. Mr. MacLeod explained that regulations require that when water pressure drops below 20 psi, the utility must conduct two (2) sets of lab tests 24 hours apart to insure that no bacterial contamination occurred; and while the tests are being conducted, an order to boil water for cooking and drinking is mandated as a precaution. He stated the Health Department was notified, and all local media were informed of this requirement. Mr. MacLeod reported that on Sunday afternoon the laboratory confirmed all tests were clear, and the order to boil water was rescinded. He added all media were again notified. Mr. MacLeod advised as a result of this incident, a manual transfer switch to a separate electrical control has been installed which can be used to immediately restore operations in the event the new transformer should fail. He stated the system, installed in the early 1980’s, is under review. Mr. MacLeod reported recommendations will be forthcoming for a comprehensive upgrade to this system. Williamson Road Construction Mr. Joe Lipscomb, 22 Shadow Creek Way, strenuously objected to the length of time it is taking to complete construction of Williamson Road and asked the City to apply pressure on County officials to speed the process along. Mayor Hood noted it does take time to move the utilities, but he agreed with Mr. Lipscomb that it is taking an inordinate amount of time to complete this project. He requested Mr. MacLeod determine the facts and report back to the City Commission. Professionalism of Code Enforcement Mr. Don O’Lone, 1304 Northside Drive, commended Mr. Ed Chambers, Code Enforcement Division, for his professionalism in an incident which recently occurred regarding a recreational vehicle parked in Mr. O’Lone’s driveway. He stated, while making a code sweep, Mr. Chambers noticed the recreational vehicle and fully explained all the rules and codes of the City regarding the parking of recreational vehicles in a very professional manner. #6 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle asked that Item Nos. 6(C) and 6(D) be discussed separately. Commissioner Persis moved, seconded by Commissioner Irvin, for approval of the Consent Agenda, minus Item Nos. 6(C) and 6 (D).
Item #6(C) - Wastewater Pipeline Rehabilitation Services RESOLUTION NO. 99 - 137
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-137, as read by title only. Commissioner Boyle advised there is no question this work is necessary, but he questioned how "piggy backing" a bid is done and asked for assurances that the bid process had not been compromised by this action. Mr. MacLeod explained this price, "piggy backing" with Orlando, is actually $8.00 cheaper than Ormond Beach had paid for this same service two (2) years ago. He added Ormond Beach’s code does permit this type of bid.
Item #7(D) - Volusian Water Alliance Interlocal Agreement RESOLUTION NO. 99 - 138
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-138, as read by title only. Commissioner Boyle advised this additional $7,692 brings the total budget for the Volusian Water Alliance to approximately $33,000. He asked for an explanation of the current progress and anticipated progress, regarding conservation and help with interlocal agreements with other cities, that would justify this expense. Mr. Eugene Miller, City Manager, stated Commissioner Gillooly is the representative on the Water Alliance (the Alliance). He reported the major task for this alliance is the preparation of a Volusian water plant, which is a part of the St. Johns River Water Management District plan and is part of the State plan. Mr. Miller explained the Alliance is over a year behind schedule due to modeling problems, and it is anticipated it will be March or April before the plan will be completed. He explained the need for these additional funds is because the original interlocal agreement allowed only 3% increase in the operating budget or the Consumer Price Index (CPI), which would not allow the Alliance to absorb the previously funded Water Conservation Conservationist and the Water Conservation Planner to continue on with the Alliance. He stated $33,000 was budgeted, and this addition would bring costs to slightly under $33,000. Commissioner Gillooly noted that a great deal of the time in the past two (2) years that he has been the representative of the Alliance has been very frustrating, but the last few months he has sensed a difference in that the board is now heading in the proper direction. He urged this Resolution be passed, indicating it is a good investment at this time.
Item #7(A) - Hampton Inn Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(A). The motion carried unanimously. RESOLUTION NO. 99 - 139
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-139, as read by title only.
Item #7(B) - Ormond Lakes, Unit X-B Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(B). The motion carried unanimously. ORDINANCE NO. 99 - 36
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-36, on second reading, as read by title only.
Item #7(C) - Location of Public and Private Schools Within the City Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(C). The motion carried unanimously. ORDINANCE NO. 99 - 37
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-37, on first reading, as read by title only.
Item #7(D) -Aviation Advisory Board Mr. Joe DeCillis, president and co-owner of Saltaire, Inc., of Central Florida, 770 Airport Road, indicated he is representing himself, as well as a number of other FBO operators. He stated he and other FBO’s believe this board is not needed and that it is bad government; but if it proceeds, there are at least seven (7) FBO’s who believe they should be represented on the board. Mr. DeCillis indicated he has recommendations for members for this board who are very knowledgeable in aviation. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(D). The motion carried unanimously. ORDINANCE NO. 99 - 38
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-38, on second reading, as read by title only. Commissioner Gillooly repeated he is opposed to a USAL representative being guaranteed a seat on the board, and this provision should be deleted. He asked the City Attorney to investigate the possibility of a conflict of interest by placing USAL on this board, and asked him to report back to the City Commission at the next meeting. Commissioner Gillooly made a motion to not guarantee a seat for a USAL representative on the Aviation Advisory Board. The motion died for lack of a second. Commissioner Persis explained that when this Resolution was passed at the last meeting, 11 people were to serve on this board to meet quarterly or as needed. He stated after that vote, the Commission agreed upon changing how advisory boards were to be appointed throughout the City, where boards would consist of five (5) members with terms of two (2) years, to run consistent with the Commissioner who appointed the member. Commissioner Persis advised there is no urgency to have this board created at this time. He stated if this Commission appoints board members tonight, at least two (2) Commissioners will not be on the Commission after the elections, which would mean that certain board members would serve for only two (2) months. Commissioner Persis advised another problem is if each Commissioner appoints one (1) member, and USAL appoints one (1) member, the board would have six (6) members; but boards need to have an odd number of members. He stated an interesting option is to appoint a representative of the FBO’s to serve as the seventh member. Commissioner Persis recommended quarterly, as opposed to monthly, meetings, plus any other meetings as needed. Commissioner Persis moved to amend to have a seven (7) member Aviation Advisory Board, as constituted by his previous remarks, to change the time from making appointments immediately to the time the new Commission takes office, to make the terms consistent with the term of the Commissioner who appointed that particular member, and for the board to meet quarterly or as needed. Commissioner Gillooly asked Mr. DeCillis if he anticipates a problem with the FBO’s nominating an appointment to the Aviation Advisory Board; whereby, Mr. DeCillis replied he does not foresee any problems. Commissioner Gillooly stated he advocates nominating a representative from the FBO’s because it does not specify a particular FBO. Commissioner Gillooly seconded Commissioner Persis’ motion provided that the City Commission supply their nominees within ten (10) days. Commissioner Persis agreed to Commissioner Gillooly’s change to the amendment. Commissioner Boyle stated he totally agreed that USAL, a corporate entity, should not have been placed on a citizen advisory board; but the Commission did approve the contract with that stipulation, which is why he did not second Commissioner Gillooly’s motion. He expressed agreement that the terms of all boards should run concurrent and parallel to the terms of office of the Commissioners. Commissioner Boyle stated while he agreed, in principal, that all boards should go to five (5) members, four (4) or five (5) boards cannot be reduced to that number. He noted the Quality of Life Board has 11 members, the Planning Board and Development Review Board have seven (7) members, and in this case, because of the USAL membership, a five (5) member board is not possible. Commissioner Boyle noted disagreement with Commissioner Persis in the need for this board, and he contended this board is important to have now. He stated an 11 member board is advisable because the City has to remain above any hint of influence by special interests on the board, particularly since USAL will be on the board. Commissioner Boyle advised he is very uncomfortable with having two (2) special interests, USAL and the FBO representative, on the board. He recommended each Commissioner appoint, within the next ten (10) days, two members to the Aviation Advisory Board, to serve a term to expire at the end of the next Commission term, and thereafter, to run concurrent with the term of the Commissioner who appoints the member. Mr. Randy Hayes, City Attorney, recommended Commissioner Persis include in his motion to amend Paragraph (e)(1) to change the wording as follows: "Special meetings may be called by the chairperson or by any six (6) members of the board." Commissioner Persis and Commissioner Gillooly were in agreement to add Mr. Hayes’ recommendation to the amendment. Commissioner Gillooly stated he would favor Commissioner Boyle’s recommendation regarding 11 members if there were a way to include a representative of the FBO; whereby, Commissioner Boyle replied that the FBO’s can lobby Commissioners if they are interested in serving. Commissioner Persis urged the Commission to make all boards as consistent, efficient and effective as possible.
Commissioner Boyle moved to amend, seconded by Commissioner Gillooly, for each Commissioner to appoint two (2) members to the Aviation Advisory Board at the next City Commission meeting to serve a term to expire at the end of the next Commission term in December 2001, with terms thereafter to run concurrent with the term of the Commissioner who appoints the member, and to amend Section (e)(1) to read: "…The board shall meet quarterly or as needed," adding the language stipulated by the City Attorney. Commissioner Persis spoke in opposition to the amendment by pointing out that a current Commissioner should not make an appointment, eliminating the possibility for the new Commissioner to appoint a person which that Commissioner chooses.
Commissioner Gillooly requested the FBO’s meet and call him with a nominee for the Aviation Advisory Board. Mayor Hood explained that he opposes this motion because it creates more government and because staff and the FBO’s oppose its creation.
Item #7(E) - Incidental Seating Within the Granada/Bovard Streetscape Overlay District Commissioner Gillooly moved, seconded by Commissioner Irvin, to close the public hearing on Item #7(D). The motion carried unanimously. ORDINANCE NO. 99 - 39
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-39, on second reading, as read by title only.
Item #8(A) - Kyoto Protocol RESOLUTION NO. 99 - 140
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-140, as read by title only. Commissioner Boyle commended Commissioner Persis for bringing this item to the Commission’s attention. He noted he is in agreement with the staff memorandum which stated Ormond Beach does not have much control over global warming, but by making this Resolution and joining other cities, Ormond Beach can send a message to the elected officials in Washington. Commissioner Boyle recommended that this Resolution, and a call for the State government to endorse this Resolution, be made a part of Ormond Beach’s legislative policy request. He also requested a copy of this Resolution, if passed, be sent to EcoBridge to inform them the City has acted on this issue.
Item #8(B) - Ormond Beach Housing Authority Appointment RESOLUTION NO. 99 - 141
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-141 appointing Elwillie Daniels, as read by title only.
Item #8(C) - Aviation Advisory Board Appointments Mayor Hood pointed out that the Commission, in a prior item, voted to make these appointments at the next meeting. Commissioner Gillooly moved, seconded by Commissioner Boyle, to table Item #8(C) to the next regular meeting.
Item #8(D) - Local Option Gas Tax Proceeds RESOLUTION NO. 99 - 143
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-143, as read by title only.
Item #9(A) - West Ormond Annexation Mr. Don O'Donniley, Planning Director, stated staff has investigated what the Land Use Plans previously adopted envisioned for Ormond Beach in terms of service areas, what the utility plans included, and an analysis by a consultant relative to current wetland standards. He advised cost estimates are being developed. Commissioner Boyle pointed out that the report indicates the City has a recommended capacity of two (2) units per acre for the 3,000 acres west of I-95 and 12 units on the east of I-95. He noted the assessment was done from aerial photographs and perimeter vantage points because the landowner, Consolidated Tomoka Land Company (CTLC), denied access to any kind of mapping of the wetlands on the parcel. Commissioner Boyle advised there is a question if the City can accurately identify classes of wetlands merely from aerial photographs. He asked if Mr. O'Donniley is asking the Commission to accept this report at this time; whereby, Mr. O'Donniley advised unequivocally he is not seeking approval at this time—that this report is merely a preliminary attempt to identify the issues and to determine what regulatory measures would be required. Commissioner Boyle expressed his appreciation for the report and stated he would be more comfortable if it were possible to gain access to the land to prepare an accurate map. He noted no input has been received by CTLC or any other landowner in this area. Mr. O'Donniley indicated the consultant did not have sufficient copies to provide to the landowners; however, while the landowners have not yet received a copy of the report, he has discussed the findings with them. Mr. O'Donniley added he will be working with advisory boards on this issue. Commissioner Irvin questioned the status of the Hand Avenue extension. Mr. O'Donniley replied there is no official government action occurring, but it appears the landing ramp for the overpass has been moved to the west, outside Ormond Beach jurisdiction. He stated the extension is in the City’s long-range transportation plan, but funding was not endorsed in the current Transportation Improvement Plan (TIP). Mayor Hood stated if CTLC does not want this land in Ormond Beach, they will go through the Metropolitan Planning Organization (MPO) to move the Hand Avenue Extension in the TIP, and the MPO will fund the project to open the land up to development under Volusia County rules and regulations. He indicated this seems to have occurred. Mayor Hood stated that if the Hand Avenue Extension in not ultimately done, the intersection at Granada Boulevard and Williamson Boulevard will become a Level F, causing a concurrency problem. Mr. O'Donniley added there are opportunities to serve the properties from the south that could develop totally without City input. Mayor Hood advised that the Commission is "fooling themselves" if they think by being "hard" on this issue, that the City will have the ability to control how this property will be developed. He noted CTLC, Volusia County, and the City of Daytona Beach have the ability to develop that property if Ormond Beach cannot find a way to work out this problem. Commissioner Gillooly stated the City Commission met with representatives of CTLC eight (8) or nine (9) months ago and they were to meet again, but CTLC had chosen not to come back for a second meeting. He stated CTLC does not want to meet with Ormond Beach. Commissioner Persis expressed his appreciation to Mr. O'Donniley and staff for the excellent report. He asked if this investigation will continue another eight (8) weeks; whereby, Mr. O'Donniley replied that is a reasonable time estimate. Mr. O'Donniley clarified that Ormond Beach is not just dealing with CTLC—there is a large group of people who own smaller tracts of land in this area. Mr. O'Donniley repeated that this report was not meant to be definitive, merely an attempt to get an impression of what Ormond Beach’s regulatory scheme is so the information is availabe when dealing with the developer. Commissioner Persis requested input be obtained from people who have expertise on wetland issues prior to the next report to the City Commission on this issue; whereby, Mr. O'Donniley noted the consultant preparing the report is an environmental scientist who does no work for any private developer, but works only for the public. Commissioner Boyle stated that the potential for this issue to be resolved in court may hinge on the determination of the enforcement of the service area line, but this has not yet been determined. He added he rejects the idea that if Ormond Beach does not relent to the demands of the landowner, they will be annexed into Daytona Beach overnight. Regarding the Hand Avenue Extension, Commissioner Boyle noted the City Commission’s priorities for Ormond Beach are the roads that already exist and need to be improved or enlarged. He explained he favors roads which are built to serve development, but the Hand Avenue Extension goes nowhere in order to create development, and this creates great development pressure. Commissioner Boyle stated the developer will develop the land at some point, and the City will eventually build another road over I-95; but where he differs in his opinion is that he does not see the need to do these things as quickly as some would like. Item #9(B) - Dog Park Request Mayor Hood advised staff has presented a report that essentially recommends a dog park be regional, and that staff work with Volusia County to determine how this would be possible. Mr. Jack Schwartz, 436/43 S. Nova Road, stated there is no place in Ormond Beach where a dog can have any aerobic exercise which is necessary for its good health. He noted a fenced in area would allow dog owners a safe place in which to exercise their pets. Mr. Schwartz recommended plastic bag dispensers, along with garbage cans, be made available. He stated the experience of over 300 dog parks in America have been very good. Mr. Schwartz urged the City to provide the leadership, by having the first park for a minimal cost and great return to be community. He noted it is eight (8) miles to the James Ormond Park, and it would be a travesty to force the residents of Ormond Beach to travel so far each day to exercise their dogs. Mr. Schwartz advised it took the City of Sarasota only three (3) months to plan, design, and construct a six (6) acre dog park with many amenities costing $14,500. He also described a two-third acre dog park that only had a fence, a gate, and a garbage pail. Mr. Schwartz stated Ormond Beach needs a park in the community, not outside the community. Mr. Peter Leynse, 140 Lincoln Avenue, Apartment 104, stated a dog needs exercise, and Ormond Beach does not have a place that affords a dog to run. He urged the City Commission to provide a dog park. Mr. Schwartz noted the City Commission memorandum stated three (3) to five (5) acres would be needed, but Mr. Schwartz advised a park could be anywhere from one-half acre to six (6) acres, depending on the space available. He advised the City will be building a $150,000 shuffleboard court that may have room available for the park. Mr. Schwartz pointed out that at the south end of Central Park fronting on Fleming Avenue, there is a large open area with parking, a water fountain, and trees available. Mayor Hood asked if staff spoke to Daytona Beach regarding using the property adjacent to the Strickland Range. He stated Daytona Beach Mayor Bud Asher would most likely be a proponent for creating a regional park. Mayor Hood indicated this area is centrally located and may be the best place for the pet park. Mr. Alan Burton, Leisure Services Director, indicated he spoke to Volusia County regarding James Ormond Park, and the Strickland site was also mentioned. Mayor Hood requested staff meet with Volusia County and Daytona Beach to devise a plan for a dog park centrally located where there is enough land that it will not cause problems with residents. Mr. Gordon Currie, 1 Cypress View Trail, concurred with Mayor Hood on the location for the pet park and urged Ormond Beach take the lead to build this park. Mr. Russ Nicastro, 6 Mimosa Trail, expressed agreement for the concept of a dog park and urged the Commission to provide a dog park for the residents of Ormond Beach and their pets. He asked if there would be a fee for the use of the park. Mayor Hood reported when Mr. Burton communicates with Volusia County, the cost and location can be determined. Commissioner Boyle pointed out Mayor Hood’s plan involves an interlocal agreement with two (2) other government entities, and while he is optimistic, there have been recent problems obtaining interlocal agreements. Therefore, he recommended staff offer back-up ideas as to locations within Ormond Beach. Mr. Schwartz expressed concern that this process will not be done in a timely manner; whereby, Mayor Hood assured Mr. Schwartz that Mr. Burton has 30 days to present his report to the Commission. Item #9(C) - Northbrook Sidewalk Commissioner Boyle stated this Commission made a commitment to the people of Northbrook that the distance from the sidewalk to the street would not be excessive. He stated the standard distance was a width of three (3) feet, with the sidewalk possibly four (4) to six (6) feet where concrete aprons and cable boxes exist; however, the memo to the homeowners never mentioned mailboxes. Commissioner Boyle described the fact that the sidewalk went from four (4) to six (6) feet on Mr. Kurtz’s property, and he understands Mr. Kurtz’s actions. He advised there was a commitment from the Commission and staff that they would be sensitive to the wishes of the residents, working with the homeowners to lessen the impact. Commissioner Boyle stated the homeowners accepted the decision of the Commission to have the sidewalks, but contrary to what was promised, there were problems. He advised he received a letter indicating television cable, sprinkler systems, and phone lines have been torn up by the sidewalk construction. Commissioner Boyle stated the policy was inconsistently applied—for example, the cable boxes were moved in some cased and not in others. He noted the resodding was not consistent; some received plugs and others received sod. Commissioner Boyle pointed out the slopes are to be 1 to 50, which means on a six (6) foot sidewalk, the slope would be approximately 1½ inches. He noted there are slopes of six (6) to seven (7) inches on Northbrook Drive. Commissioner Boyle stated there was poor public relations and poor communications in this project. He questioned if Mr. Kurtz would be prosecuted and personally apologized to Mr. Kurtz. Mr. Ted MacLeod, Public Works Director, reported staff worked very closely with the residents of Northbrook, spending more time per individual on this project than on any other project. He stated while most homeowners were cooperative, there were some homeowners who were not cooperative. Mr. MacLeod assured the Commission the staff did all they could to accommodate the wishes of the homeowners. He explained that while the television cable and utility cables were supposed to be buried 12 inches deep, they were just under the sod, causing cable disruptions during construction. Mr. MacLeod advised the City Engineer worked with each homeowner to minimize the disruption and fulfill the wishes of the owner, if possible. He pointed out this is City right-of-way, owned by the City. Mr. MacLeod reported the sidewalk has been built it; looks great; but there are still a few issues that need to be addressed. Mayor Hood asked why some were sodded and some sprigged; whereby, Mr. MacLeod explained the goal was to replace what was in place. Ms. Judy Sloane, City Engineer, explained sprigs and specialty grass were placed when requested. She noted Mr. Nichols was given $400 worth of plants to replace the plants that were lost. Ms. Sloane continued that she is working with the contractor on the remaining problems. Police Chief Larry Mathieson stated the ultimate authority of prosecuting Mr. Kurtz rests in the State Attorney’s office; but, typically, the State Attorney will consult with the arresting officer. He noted usually the outcome on this type of charge would be non-punitive, such as no action or non-reporting probation. Mayor Hood asked if the City determines it does not wish to pursue this arrest, would the State Attorney not press the issue; whereby, Chief Mathieson explained the officer does not wish to prosecute this punitively, but the State Attorney’s office has the final authority. He noted the State Attorney relies on the recommendation of the Police Department. Mayor Hood stated that he agreed that whatever was promised needs to be done, including going to each homeowner to be sure the City’s agreements have been upheld. He stated Mr. Kurtz’s arrest is a tragic circumstance, and he prefers no charges be levied. Commissioner Irvin agreed with Commissioner Boyle and Mayor Hood and also apologized to Mr. Kurtz for this embarrassing situation. She advised the Commission needs to listen to the people and then keep the promises made. Mr. Fred Kurtz, 943 Northbrook Drive, denied that he ever said the sidewalk was unfairly encroaching into his yard as reported. He stated the plans show the sidewalk three (3) feet from the edge of the road from 931 Northbrook Drive to Parkwood Drive, a distance of 1,000 feet, except in front of his house. Mr. Kurtz advised he called twice and requested the sidewalk be moved. He showed pictures of the restoration after the sidewalk was constructed. Mr. Kurtz indicated he requested Pursley’s Seville grass; and he noted that although sod is available, plugs were planted. Mayor Hood requested Ms. Sloane meet with Mr. Kurtz about his requests by the end of the week. Mr. Robert Nichols, 327 Northbrook Drive, expressed appreciation to the City for replacing the expensive landscaping around his driveway. He stated the problem is with the television cable. Mr. Nichols complained, however, that he had called the cable company to determine if a locate had been done on his property and was informed no locates were requested on Northbrook Drive. He stated he requested a locate be performed and the cable company complied, but his cable was torn by the contractor. Mr. Nichols stated one of the workers informed him the cable is supposed to be buried six (6) inches; however, there is no requirement for the cable to be buried six (6) inches. He reported the cable company will now have to pay to repair the torn cables, which comes out of his cable bill. Mayor Hood stated the problem has been articulated and needs to be resolved with the contractor. Mr. Nichols suggested the contractor go back and line up Mr. Kurtz’s sidewalk with all the other residences. Mr. Cliff Martin, 934 Northbrook Drive, reported at one neighbor’s house the slope is pitched, and a wheelchair must go in the road so the pitch does not tip over the wheelchair. He requested a sign be placed prohibiting bicycles and skateboard on the sidewalk to protect pedestrians and wheelchairs. Mr. W.C. Rumfelt, 925 Northbrook Drive, stated he does not understand why the sidewalk was built when the residents clearly opposed it. Mayor Hood replied that the sidewalk was approved and constructed, and debating the merit at this point will gain nothing. He stated if there is a specific problem, Mr. Rumfelt should state it, but debating whether or not it should be constructed is moot. Mr. Rumfelt opposed the elevation in some places and the fact that the sidewalk meanders, rather than being straight. Item #9(D) - Land Development Code Update Commissioner Boyle stated the entire Commission would agree an update of the Land Development Code is needed. He advised part of the problem is a Planning Department that has been understaffed for years. Commissioner Boyle indicated if the City can spend up to $100,000 for a consultant, it would be better served to first fill the present positions in the Planning Department and then hire an additional person to do this update. He noted while the City has excellent personnel, it takes an excessive amount of time to get people into positions, and it is important to bring this department up to its full complement of personnel quickly. Commissioner Boyle expressed opposition to the recommendation to dip into reserve funds to hire a consultant. He stated with the additional employee in the Planning Department and the advisory boards, there should be no need to hire a consultant. Mr. O'Donniley stated this could be done with staff, but he strongly recommended hiring a qualified consultant with the necessary experience and expertise. He reported planners are in demand in every jurisdiction; therefore, a realistic time estimate for this work to be done in house is two (2) to three (3) years. He stated he does not want to lower Ormond Beach’s standards, but rather make the code comprehensible so that anyone can understand it. Mr. O'Donniley noted there are important issues that are not addressed in the code. He recommended a national consultant, trained in law and planning with direct Florida experience, be hired for this task. Mayor Hood reported he advocates increasing, not decreasing the standards, but the public has a right to demand the rules be understandable to the common man. He stated while he opposes the hiring of consultants, in this case, he is convinced a consultant is the only possible way to do this job in a timely manner. Mayor Hood indicated citizen input is also needed. Mr. O'Donniley agreed citizen input is essential. He recommended the Commission permit staff to prepare a Request for Proposal and bring it back to the City Commission for review. Commissioner Persis moved, seconded by Commissioner Gillooly, to authorize staff to prepare a Request for Proposal for a comprehensive update of the Land Development Code. Mr. O'Donniley stated he would like to discuss this issue with each Commission member individually, along with Mr. Miller, to work out the details. Commissioner Boyle pointed out that the Commission is now capable of correcting certain problems in the Land Development Code immediately, and even if a consultant were hired, the need for constant adjustments would still be essential. Mr. Miller stated the current Land Development Code is a document that is antiquated and inhibits staff’s professional performance.
Item #10 - Audience Comments On Agenda Items Land Development Code Update Mr. Glenn Jaspers, 160 Ocean Terrace, strongly urged citizen-friendly actions be used in the update of the Land Development Code. He stated citizen input is essential if the process is to succeed. Item #11 - Reports, Suggestions, Requests Citizen Law Suit Commissioner Boyle reported the lawsuit for alleged Sunshine Law violations against three (3) Commissioners was dropped. He submitted there never was a Sunshine Law violation—the only reason the Sunshine Law violation was alleged, was because that was the only grounds they had to protest the democratically obtained decision. Commissioner Boyle noted the decision to file the suit was made at the attorney’s house, attended by a former City Commissioner, which explains the intent of the suit. He stated the legal costs, minimal though they were, was $10,000. Commissioner Boyle noted regret that the plaintiffs did not volunteer to compensate the City for those expenses. Staff Offering Advisory Board Seats in Contract Negotiations Commissioner Boyle stated staff offered a seat on an advisory board to a corporate entity during contract negotiations. He stated the City Commission then approved the lease with the proviso included. Commissioner Boyle noted at the last meeting the City Manage stated it was his right and responsibility to make this decision, and that until this Commission tells him otherwise, he will assume this is his right. He asked to add an item to the next agenda to discuss giving the City Manager a very clear policy direction as to whether he may continue this activity or not. Commissioner Boyle also requested an opinion from the City Attorney as to whether this Commission can delegate the right to create, dissolve, or appoint boards. Volusia Council of Governments (VCOG) Commissioner Boyle requested an agenda item regarding the status and future of Ormond Beach’s agreement to be a part of VCOG. He noted Daytona Beach is no longer a member. Commissioner Boyle stated he receives no reports; thus he does not know what VCOG has accomplished. He requested a report be completed identifying what the City’s contribution is to VCOG, what Ormond Beach is gaining by being a member, what Ormond Beach anticipates to gain by membership in this organization, and what needs to be done to encourage this organization to devise interlocal agreements that would benefit Ormond Beach. Florida League of Cities Conference Commissioner Irvin expressed her appreciation to the City for allowing her to attend the 73rd Annual Florida League of Cities Conference. She stated it was very informational and enjoyable. Dismissed Law Suit Commissioner Gillooly agreed it is unfortunate the City had to pay $10,000, plus staff time, for a frivolous law suit. He assured the audience that he strongly considered a counter suit, but decided it was not worth it. Commissioner Gillooly gave assurances that there never was a Sunshine Law violation. Seabreeze High School Recreation Fees Commissioner Gillooly asked a report as soon as possible regarding the fees for athletic facilities at charged to Seabreeze High School. He requested a meeting be set up with the Seabreeze High School parents, as was promised by the City Commission. Florida League of Cities Conference Commissioner Gillooly reported he also attended the Florida League of Cities Conference which was very motivational with great speakers. Floodplain in the Southwest Quadrant of Ormond Beach Commissioner Persis asked if the City Manager had any additional information regarding the floodplain in the southwest quadrant of Ormond Beach. Mr. O'Donniley explained the existing maps will remain in force until the new maps are adopted. He stated staff is providing technical assistance to citizens who believe the maps are incorrect by instructing the citizens how they would petition the Federal Emergency Management Agency (FEMA) to make corrections. Mr. O'Donniley stated questions are to be referred to Jim Burnett. Advisory Board Appointments Mr. Miller stated, in reply to Commissioner Boyle’s statement regarding the City Manager making appointment to advisory boards, that he made a recommendation that this appointment be made. He stated he has no authority to appoint board members. Mr. Miller advised he would invite general parameters from the City Commission regarding incentives, but naming each specific item would be self-defeating. Seabreeze High School Recreation Fees Mr. Miller reported he met with Superintendent Hall and Ms. Conroy, but a conclusion was not determined. He stated another meeting has been set for September 8, 1999. Mr. Miller advised progress is being made, but an agreement has not yet been reached. Item #13 - Close The Meeting The meeting was adjourned at 9:35 PM. |
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