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OCTOBER 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 Randy 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 Deputy Mayor Gillooly asked for a moment of silent prayer. Item #3 - Pledge of Allegiance Deputy Mayor Gillooly led in the Pledge of Allegiance. Item #4 - Audience Remarks Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, expressed his disappointment in Mayor Hood’s refusal to acknowledge his questions regarding truth in City government at the last meeting. He stated his desire is for the City Commission to study this issue and all the correspondence. Mr. Cook advised that although Mayor Hood stated Mr. Eugene Miller, City Manager, was not employed with the City when he sent the letter to the City, if the letter he received was compared to Mr. Miller’s employment record, it would prove he was employed by the City. He stated he intends to start a public review of code enforcement records and associated correspondence at the next meeting. Commissioner Boyle noted he has reviewed this matter which goes back ten (10) years. He stated a probable explanation is that when the original incident took place Mr. Miller was not employed with the City, but when Mr. Cook made complaints and inquiries, he may have been the city manager. Commissioner Boyle agreed that truth in government is very important, and he empathized with Mr. Cook; therefore, he asked Mr. Cook, as a gentleman, to accept his sincere apology on behalf of the City, for whatever wrong the City of Ormond Beach has done to him. He urged Mr. Cook to accept that apology to enable the Commission to continue with its business of governing. Mr. Cook thanked Commissioner Boyle but stated that the problem is not even known to the City. He noted the problem was with the first and second level supervisors and that he was ignored when he made complaints. He stated he would accept the apology only when the Commission knows what occurred and the complete scope of the matter. Commissioner Boyle advised that if Mr. Cook cannot accept his apology, he will not be able to understand the scope of what has occurred. Deputy Mayor Gillooly informed Mr. Cook that his five (5) minute time limit had been exhausted, and the Commission would listen to anything Mr. Cook had to say at the end of the meeting. Vanguard South 40 Offices Mr. Willard Berg, 114 Horseshoe Trail, vice-president of the Trails South Forty Homeowners’ Association, reported 62 members of the association attended the last meeting regarding the proposed variance on the Vanguard building on Sage Brush Trail. He advised the association has sent a petition to Representative Evelyn Lynn containing 114 signatures, with copies to Senator Locke Burt. Mr. Berg stated letters have also been written to the Florida Department of Transportation. Deputy Mayor Gillooly noted this item will be on the agenda for the next City Commission meeting. Riptides Presentation Mr. Joey Golinski, 533 North Nova Road, presented Mayor Hood and the City Commission with a commemorative bat in appreciation for assisting in funding the Riptides Baseball Team trip to Cooperstown, New York. Commissioner Boyle commended the Riptides for finishing in tenth place out of a field of 48 teams with a seven (7) and two (2) record against top competition from all over the country. Primary Election Mr. Paul McCauley, 110 Rio Pinar Trail, thanked the City Commission and the mayoral candidates for running a fine, clean race in the primary election. He stated it was a great day for Ormond Beach and the City Commission. Non-conforming Sign Ordinance Ms. Peggy Farmer, Executive Director, Ormond Beach Chamber of Commerce, expressed appreciation, on behalf of the businesses in Ormond Beach, for the Commission’s support of the non-conforming sign ordinance on first reading. She thanked the Commission for listening to the concerns of the business community in Ormond Beach. Item #5 - 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 Item Nos. 7(D) and 7(E) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of the Consent Agenda, minus Item Nos. 7(D) and 7(E).
Item #5(D) - Street Sweeper Purchase Commissioner Boyle advised the City Commission has recently received many contracts that "piggy-back" with other cities. He asked for a brief explanation and assurance that the piggy-backing process is not contradicting the bid process. Mr. Randy Hayes, City Attorney, advised piggy-backing is specifically allowed by law. Commissioner Boyle noted he is not questioning its legality, only that the City may be missing out on other low bids or eliminating those companies not involved in the piggy-backing. Mr. Ted MacLeod, Public Works Director, reported that when a contract is piggy-backed, all available sources of piggy-backed contracts are research. He added staff also has a good idea of the bid amount most manufacturers would bid, and the best deal for the City is consistently sought. RESOLUTION NO. 99 - 170
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-170.
Item #5(E) - Nova Community Park Skatecourt Commissioner Boyle asked for an explanation of how the $9,000 was first reduced from the total as liquidated damages, and then expended for a better skatecourt. Ms. Judy Sloane, City Engineer, explained conditions changed, and the design had to be adjusted. She stated that after the design was completed and the skatecourt was in use, Mr. Alan Burton, Leisure Services Director, noted certain items would make the skatecourt more user friendly or more challenging if the design were modified. Commissioner Boyle clarified that the City traded liquidated damages for improvements. RESOLUTION NO. 99 - 171
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-171, as read by title only.
Item #6 - Audience Comments On Agenda Items There were no audience comments. Item #7 - Reports, Suggestions, Requests Citizen Interest in Local Government Commissioner Boyle expressed appreciation to the citizens who made the effort on a rainy night to attended this short City Commission meeting. He echoed Mr. McCauley’s comments that yesterday, the day of the primary election, was a great day for Ormond Beach. He congratulated the voters and all eight (8) of the candidates. Commissioner Boyle noted Ormond Beach is blessed with quality people who stepped forward, willing to serve the City. He stated that for those candidates who will not be holding office next term, because of their clear articulation of new ideas, the City will probably be discussing and adopting some of these ideas. He congratulated Mayor-elect Carl Persis and the new Zone 3 Commissioner, Fred Costello. Commissioner Boyle reminded the citizens of Zone 4 that the election for that zone will be held on November 2, 1999, and urged voter participation. Vanguard South 40 Offices Commissioner Boyle reported he received a letter from the law firm of Kinsey Vincent Pyle regarding the recent Vanguard application. He stated the letter threatens a law suit against the City and the members of the Commission individually. Commissioner Boyle noted the City Commission did not deny this application, it was merely delayed in order to obtain more information. He stated, for the record, that his reason for tabling this matter is that there is insufficient traffic information at this time. Commissioner Boyle stated that a concern exists regarding the trips generated by the extra 3,000 square feet. He advised local residents are considering their own independent traffic study. Commissioner Boyle stated the letter demands a hearing on October 19, 1999, but the City Commission made a motion to continue this item to the November 3, 1999, meeting. Mr. Hayes agreed the official action taken at the last meeting was to table this issue to November 3, 1999. Conflict of Interest Disclosure Commissioner Boyle requested the City Attorney prepare a document outlining the procedure and protocol for the recusal process for this City Commission. He noted that on occasions where Mayor Hood has recused himself, the Commission was not made aware of the recusal until the entire discussion had taken place and the rest of the Commission had voted. Commissioner Boyle stated he understands recusal needs to be declared in advance of the meeting, but once the recusal is announced, the person in conflict may still discuss the merits of the issue. Primary Election Commissioner Persis thanked the citizens for making the effort to vote in the primary election, and he thanked all the candidates for wanting to make a difference in the City of Ormond Beach. Vanguard South 40 Offices Mr. Miller confirmed that the consensus of the City Commission is for him to respond to Kinsey Vincent Pyle that the matter of Vanguard South 40 Offices will be on the agenda for the first meeting in November, which is scheduled for November 3, 1999. Primary Election Deputy Mayor Gillooly stated he enjoyed his time on this City Commission and serving the people of Ormond Beach. He congratulated Mayor-elect Persis and Fred Costello for his victory as Zone 3 Commissioner. Item #8 - Close the Meeting The meeting was adjourned at 7:32 PM. |
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