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OCTOBER 19, 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. 1) Meeting called to order by Mayor Hood. 2) Invocation. 3) Pledge of Allegiance. 4) Approval of the Minutes of the September 28, 1999, and October 6, 1999, meeting. 5) PRESENTATION: Proclamation - Ormond Senior Games Week Employee-of-the-Quarter Award to Liviston Edwards 6) AUDIENCE REMARKS: 7) CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commissioner, no discussion on individual items will occur and a single motion will approve all items. A) Resolution No. 99-173 authorizing and directing the City Clerk to procure the necessary ballots and other forms, to arrange for the use of voting machines, and to make other required arrangements for the Regular Municipal Election to be held on Tuesday, November 2, 1999, in the City of Ormond Beach; authorizing execution of an Agreement for Services and Materials. B) Resolution No. 99-174 appointing clerks, assistant clerks, accu-vote inspectors, deputies, inspectors, and alternate inspectors for the Regular Municipal Election to be conducted on Tuesday, November 2, 1999, in the City of Ormond Beach, Florida. C) Resolution No. 99-175 authorizing the execution of a Community Development Block Grant Subrecipient Agreement for Fiscal Year 1999-2000 between the City and the County of Volusia. ($136,576) D) Resolution No. 99-176 authorizing the execution of Change Order Number One (Final) to that contract awarded to Wharton-Smith, Inc., regarding improvements to the 6P Lift Station, by increasing the contract price by $4,814 and increasing the contract time by seven (7) days. (Total Contract Price - $290,814) E) Resolution No. 99-177 authorizing the execution of a Lease Agreement between the City and the Hunter’s Ridge Home Owners’ Association of East Florida, Inc., for the location of a police sector office. (Located in the Hunter’s Ridge HOA Office) F) Resolution No. 99-178 authorizing the execution of a Lease Agreement between the City and Wal-Mart Real Estate Business Trust for the location of a police sector office. (Located in the Wal-Mart SuperCenter) G) Resolution No. 99-179 amending the annual budget for the 1998-1999 fiscal year relative to the Stormwater Utility Fund in the amount of $1,100,000. (Project carry-over for Trails/Melrose/Sterthaus/Hand and Lincoln/Division projects) 8) PUBLIC HEARINGS: A) Resolution No. 99-180 approving the execution and issuance of a Development Order for a Planned Business Development to be known “Gateway Business Park,” located on in a B-8 zoning district on a 12.48 acre site on the west side of North U.S. Highway #1, north of Nova Road and south of the Tomoka River; establishing conditions and expirations of approval. B) Resolution No. 99-181 approving the execution and issuance of a Development Order for a Planned Industrial Development known as “Allstar Truss Company,” to allow for the expansion of the facility at 161 Business Center Drive to include the adjacent Lot 7 that is currently situated in the “Ormond Business Center” subdivision; establishing conditions and expirations of approval. C) Ordinance No. 99-44 relative to non-conforming signs, amending Sections 14.05 and 14.12 of Article XIV, Sign Regulations, of the Land Development Code; creating a new Section 14.15, Sign Variances; establishing amortization periods for, and establishing regulations governing, non-conforming signs. (Redefining non-conforming signs; establishing conditions for loss of non-conforming status; establishing an appeal process through the Board of Adjustment & Appeals; and establishing a landmark sign program) (Second Reading) D) Ordinance No. 99-45 approving the final plat for the “Tymber Crossings,” Phase I, subdivision; establishing an expiration date. (Second Reading) E) Ordinance No. 99-46 approving the preliminary and final plat of the subdivision plat of “Chelsford Heights, Unit 5, Phase II” within the OB-II Phase of the “Hunter’s Ridge” Development of Regional Impact; establishing conditions and expiration date of approval. (Second Reading) F) Ordinance No. 99-47 relative to the General Employees’ Pension Plan, amending Article I, In General, of Chapter 16, Pensions and Retirements, of the Code of Ordinances; amending Sections 16-6, Benefit Amounts and Eligibility, Subsection (c), Cost of Living Adjustment. (Providing a 5% cost-of-living increase for current retirees) (Second Reading) G) Firefighters’ and Police Officers’ Pension Items: 1) Ordinance No. 99-48 of the City of Ormond Beach, amending and restating Article III, Firefighters’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, Sections 16‑40 through 16-70, inclusive, of the Code of Ordinances of the City of Ormond Beach by restating the City of Ormond Beach Firefighters’ retirement system; providing for definitions; providing for membership; providing for a Board of Trustees; providing for finances and fund management; providing for contributions; providing for benefit amounts and eligibility; providing for pre-retirement death benefits; providing for disability benefits; providing for vesting of benefits; providing optional forms of benefits; providing for beneficiaries; providing claims procedures; providing for reports to the Division of Retirement; providing for a roster of retirees; providing for a maximum pension limitation; providing for distribution of benefits; providing miscellaneous provisions; providing for repeal or termination of the system; providing for exemption from execution and non-assignability; providing for pension validity; providing for forfeiture of pension under certain circumstances; providing for conviction and forfeiture, false misleading or fraudulent statements; providing for indemnification and defense of claims; providing for direct transfers of eligible rollover distributions; providing for purchase of credit for military service prior to employment; providing for the purchase of credited service for absences pursuant to the Family and Medical Leave Act; providing for the purchase of credited service for prior fire service; providing for the purchase of credited service for military service prior to employment; providing for excise tax on casualty insurers; providing for severability of provisions. (Second Reading) 2) Ordinance No. 99-49 of the City of Ormond Beach, amending and restating Article IV, Police Officers’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, Sections 16‑71 through 16-98, inclusive, of the Code of Ordinances of the City of Ormond Beach by restating the City of Ormond Beach Police Officers’ retirement system; providing for definitions; providing for membership; providing for a Board of Trustees; providing for finances and fund management; providing for contributions; providing for benefit amounts and eligibility; providing for pre-retirement death benefits; providing for disability benefits; providing for vesting of benefits; providing optional forms of benefits; providing for beneficiaries; providing claims procedures; providing for reports to the Division of Retirement; providing for a roster of retirees; providing for a maximum pension limitation; providing for distribution of benefits; providing miscellaneous provisions; providing for repeal or termination of the system; providing for exemption from execution and non-assignability; providing for pension validity; providing for forfeiture of pension under certain circumstances; providing for conviction and forfeiture, false misleading or fraudulent statements; providing for indemnification and defense of claims; providing for direct transfers of eligible rollover distributions; providing for purchase of credit for military service prior to employment; providing for the purchase of credited service for absences pursuant to the Family and Medical Leave Act; providing for the purchase of credited service for prior police service; providing for the purchase of credited service for military service prior to employment; providing for excise tax on casualty insurers; providing for severability of provisions. (Second Reading) 9) RESOLUTION No. 99-156 awarding a bid to construct sidewalk improvements pursuant to the 1999 Miscellaneous Sidewalk Improvements; rejecting all other bids; authorizing the execution of a contract and payment therefor. (Washington Street, Fairview Avenue, Sauls Street, and Laurel Drive - Saboungi Construction, Inc. - $49,164) (Continued from September 28, 1999, meeting) 10) AUDIENCE COMMENTS ON AGENDA ITEMS: 11) Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney. 12) Close the meeting. 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 for Ellen Wasko, an employee in the Police Department who is in critical condition at Shands Hospital awaiting a lung transplant. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4(A) - Approval of Minutes Mayor Hood advised the minutes of the September 28, 1999, and October 6, 1999, regular City Commission meetings have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Boyle advised that on page 11953, in the sixth paragraph, the second line reads “consistent with the purpose and intent of the Streetscape overlay…,” but should read “inconsistent with the purpose and intent of the Streetscape overlay…” Commissioner Persis moved, seconded by Commissioner Boyle, to approve the minutes as modified. Call Vote: Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes carried. Mayor Hood yes Item #5 - Ormond Senior Games Week Mayor Hood read a proclamation declaring the week of October 23, 1999, through October 30, 1999, as Ormond Senior Games Week. He stated Ormond Beach is helping to sponsor the 16th annual Ormond Beach Senior Games and commended each of the staff members, each senior citizen, and each volunteer who has given so generously of their time and effort in this worthy cause. Mayor Hood presented the proclamation to Dolph Veatch, representative of the Ormond Senior Games. Mayor Hood lighted the ceremonial torch for the official kick off of the Ormond Senior Games. Mr. Veatch expressed his appreciation to the City and to all the sponsors of the Ormond Senior Games. He distributed T-shirts to the City Commission as a memento of the event. Item #5 -
Employee-of-the-Quarter Mr. Eugene Miller, City Manager, stated Liviston Edwards, better known to all as “Stretch,” is the recipient of the Employee-of-the-Quarter award. He advised Stretch is the manager and thrust behind the success of the South Ormond Neighborhood Center, and he is a great role model for the youth of Ormond Beach. Mayor Hood presented
Mr. Edwards 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. The Mayor stated that in the eight (8) years
he has been with the City, he has had the privilege of working with a lot of
great people, and Stretch is first class and the epitome of a great
employee. He stated the City is very
fortunate to have Liviston Edwards as an employee. Item #6 - Audience Remarks Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, stated that at the last meeting Commissioner Boyle asked him if he could be a gentleman and accept an apology, but did not specify for what the apology was. Mr. Cook asked Commissioner Boyle if a department head has an obligation to a citizen to be truthful and if the City Manager has the obligation to see that a department head is truthful with citizens. Commissioner Boyle replied that when an apology is offered as a gentlemen, that covers any perception of any wrongdoing that has occurred. He, again, offered an apology. Mr. Cook stated that last October Mayor Hood told him Mr. Miller was not an employee of the City at a particular time. He requested Mayor Hood check the date Mr. Miller started his employment with the City and compare it to the letter Mr. Cook sent. Power Outages at The Falls Mr. John Juras, 24 Glen Falls Drive, stated prior to July 28, 1999, he had a power outage of two (2) hours and 30 minutes, and another of three (3) hours and 40 minutes. He advised that while he and 194 other Falls residents do not have power, the residents around this area have power. Mr. Juras asked for the City’s assistance in making Florida Power and Light (FP&L) more responsive to the residents’ needs concerning these outages. He explained that during Hurricane Floyd he was out of power a day longer than people around him, and during Hurricane Irene, his power was out 27½ hours while others nearby were out of power only four (4) hours. Mayor Hood asked Mr. Miller to write a letter, under his signature, to Bob Coleman at FP&L requesting him to investigate the situation at the Falls. He stated he has found Mr. Coleman easy to work with, and he has handled matters in a very professional way when previously contacted regarding other problems. Mayor Hood requested this letter be copied to the Public Service Commission which has jurisdiction over this issue. He asked Mr. Juras to contact Mr. Miller tomorrow and give him the addresses affected so he may include this information in his letter. Commissioner Persis stated in the past four (4) years while he has been on the Commission, he has noted there have been a number of outages in Phase I of The Falls. He pointed out that when The Falls electricity goes out, Coquina Point quickly follows; and when power is restored, it seems all but Phase I of the Falls has power restored. Mr. Miller reported Commissioner Persis had contacted him regarding power outages. He advised that he had spoken to FP&L during the storm regarding The Falls and was informed FP&L does not send linemen out when the winds are gusting at 35 miles per hour or greater, but the crews would begin around-the-clock service as soon as winds die down to a safe level. Mr. Miller agreed to follow up pursuant to the wishes of the City Commission. Commissioner Gillooly asked how long this problem has persisted; whereby, he was told it has been continuing for ten (10) years. Outdoor Sales for Special Events Mr. Bill Todd, Ormond Bowling and Skating Center, 250 North U.S. #1, stated there are opportunities for special events at the Center, but the events require additional space for tents, outdoor food and beverage sales, staging areas, and retail sales. He pointed out the Center will be one of the hosts for the Ormond Senior Games and will host the Special Olympics with regional events this weekend and State-wide events to be held in December. He reported an outdoor tent is needed to serve food and stage athletes. Mr. Todd noted EMT support is also needed, but last year, the City denied the request for the tent and EMT support. He explained it was necessary for him to obtain EMT support from Volusia County last year. Mr. Todd stated the City is being prejudiced against his company. Mayor Hood asked if Mr. Todd is requesting that the City allow him to have a tent and give EMT support for the Special Olympics; whereby, Mr. Todd agreed he is making that request. Mayor Hood asked if there is a reason this request cannot be approved. He requested Mr. Todd contact Mr. Tom Lipps, Assistant to the City Manager, tomorrow and if Mr. Todd is not satisfied with the results of that meeting, that his request be placed on the next agenda. Mayor Hood stated his personal opinion is that if there is a rule which would not permit Mr. Todd’s request, it is the kind of regulation that needs to be amended during the upcoming extensive review of the Land Development Code. Mr. Miller explained that Mr. Todd has not made this request to the City; whereby, Mayor Hood stated Mr. Todd is now making the request, so when he meets with Mr. Lipps, he can make the formal request, and hopefully, this can be favorably resolved. Item #7 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle asked that Item No. 7(G) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda, minus Item No. 7(G). Call Vote: Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes carried. Mayor Hood yes Item #7(G) - Trails/Melrose/Sterthaus/Hand and Lincoln/Division Stormwater Projects RESOLUTION NO. 99 - 179 A RESOLUTION AMENDING THE ANNUAL BUDGET FOR THE 1998-1999 FISCAL YEAR RELATIVE TO THE STORMWATER UTILITY FUND IN THE AMOUNT OF $1,100,000; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Gillooly, for
approval of Resolution No. 99-179, as read by title only. Commissioner Boyle asked why this item was not listed in the year-end budget amendments, and why this cannot be itemized as a prior year adjustment. He stated he asked the auditor if there were any significant end of the year adjustments, but this was not mentioned. Mr. Paul Lane, Finance Director, advised this should have been on the amendment that was done last month. He explained the Budget Manager anticipated that the construction would start on these projects during the 1998 fiscal year, but it did not start until the 1999 fiscal year. Therefore, he anticipated $400,000 appropriation for this year to complete the project, but it was not adequate to cover the costs. Mr. Lane stated that for the 1998 fiscal year, the budget showed a $1.1 million positive variance. Call Vote: Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes carried. Mayor Hood yes Item #8(A) - Gateway Business
Park Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION NO. 99 - 180 A RESOLUTION APPROVING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A PLANNED BUSINESS DEVELOPMENT TO BE KNOWN AS “GATEWAY BUSINESS PARK,” LOCATED IN A B-8 ZONING DISTRICT ON A 12.48 ACRE SITE ON THE WEST SIDE OF NORTH U.S. HIGHWAY #1, NORTH OF NOVA ROAD AND SOUTH OF THE TOMOKA RIVER; ESTABLISHING CONDITIONS AND EXPIRATIONS OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Gillooly, for
approval of Resolution No. 99-180, as read by title only. Commissioner Boyle advised he was pleased the applicant made a positive response to the City’s wetland management guidelines. He expressed appreciation for the minutes, which proved valuable, especially regarding the probing questions by the Board and Mr. Mynchenberg’s thoughtful and thorough answers. Commissioner Boyle thanked Mr. Mynchenberg and Mr. Nowviskie for briefing the Commission on this project, for sensitive engineering, and for their ability to work with the City’s codes without complaint. He noted there have been a number of applications where there has been a very real sensitivity to the needs and wishes of the community by development, which proves good developers are able to work with Ormond Beach’s codes without complaint. Call Vote: Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes carried. Mayor Hood yes Item #8(B) - Allstar Truss
Company Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION NO. 99 - 181 A RESOLUTION APPROVING THE EXECUTION AND ISSUANCE OF A DEVELOPMENT ORDER FOR A PLANNED INDUSTRIAL DEVELOPMENT KNOWN AS “ALLSTAR TRUSS COMPANY,” TO ALLOW FOR THE EXPANSION OF THE FACILITY AT 161 BUSINESS CENTER DRIVE TO INCLUDE THE ADJACENT LOT 7 THAT IS CURRENTLY SITUATED IN THE “ORMOND BUSINESS CENTER” SUBDIVISION; ESTABLISHING CONDITIONS AND EXPIRATIONS OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Resolution No. 99-181, as read by title only. Call Vote: Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes carried. Mayor Hood yes Item #8(C) - Non-conforming
Signs Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 99 -44 AN ORDINANCE RELATIVE TO NON-CONFORMING SIGNS, AMENDING SECTIONS 14.05 AND 14.12 OF ARTICLE XIV, SIGN REGULATIONS, OF THE LAND DEVELOPMENT CODE; CREATING A NEW SECTION 14.15, SIGN VARIANCES; ESTABLISHING AMORTIZATION PERIODS FOR, AND ESTABLISHING REGULATIONS GOVERNING, NON-CONFORMING SIGNS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Gillooly, for
approval of Ordinance No. 99-44, on second reading, as read by title only. Call Vote: Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes carried. Mayor Hood yes Item #8(D) - Tymber Crossings
Phase I Commissioner Persis moved, seconded by Commissioner Boyle, to close the
public hearing on Item #8(D). The
motion carried unanimously. ORDINANCE NO. 99 -45 AN ORDINANCE APPROVING THE FINAL PLAT FOR THE “TYMBER CROSSINGS,” PHASE I, SUBDIVISION; ESTABLISHING AN EXPIRATION DATE; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Ordinance No. 99-45, on second reading, as read by title only. Call Vote: Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes carried. Mayor Hood yes Item #8(E) - Chelsford Heights Commissioner Persis moved, seconded by Commissioner Boyle, to close the
public hearing on Item #8(E). The
motion carried unanimously. ORDINANCE NO. 99 -46 AN ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLAT OF THE SUBDIVISION PLAT OF “CHELSFORD HEIGHTS, UNIT 5, PHASE II” WITHIN THE OB-II PHASE OF THE “HUNTER’S RIDGE” DEVELOPMENT OF REGIONAL IMPACT; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Boyle, for approval
of Ordinance No. 99-46, on second reading, as read by title only. Call Vote: Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes carried. Mayor Hood yes Item #8(F) - Cost-of-Living Increase For Retired General
Employee Commissioner Gillooly moved, seconded by
Commissioner Persis, to close the public hearing on Item
#8(F). The motion carried unanimously. ORDINANCE NO. 99 -47 AN ORDINANCE RELATIVE TO THE GENERAL EMPLOYEES’ PENSION PLAN, AMENDING ARTICLE I, IN GENERAL, OF CHAPTER 16, PENSIONS AND RETIREMENTS, OF THE CODE OF ORDINANCES; AMENDING SECTIONS 16-6, BENEFIT AMOUNTS AND ELIGIBILITY, SUBSECTION (C), COST OF LIVING ADJUSTMENT; BY REPEALING ALL ORDINANCES INCONFLICT HEREWITH; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Ordinance No. 99-47, on second reading, as read by title only. Call Vote: Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes carried. Mayor Hood yes Item #8(G) - Firefighters’
Pension Trust Fund and Police Officers’ Pension Trust Fund Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(G). The motion carried unanimously. Item #8(G)(1) - Firefighters’
Pension Trust Fund ORDINANCE NO. 99 -48 AN ORDINANCE OF THE CITY OF ORMOND BEACH, AMENDING AND RESTATING ARTICLE III, FIREFIGHTERS’ PENSION TRUST FUND, OF CHAPTER 16, PENSIONS AND RETIREMENT, SECTIONS 16‑40 THROUGH 16-70, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ORMOND BEACH BY RESTATING THE CITY OF ORMOND BEACH FIREFIGHTERS’ RETIREMENT SYSTEM; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR ABSENCES PURSUANT TO THE FAMILY AND MEDICAL LEAVE ACT; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR PRIOR FIRE SERVICE; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR EXCISE TAX ON CASUALTY INSURERS; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Ordinance No. 99-48, on second reading, as read by title only. Call Vote: Commissioner Irvin yes Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes carried. Mayor Hood yes Item #8(G)(2) - Police
Officers’ Pension Trust Fund ORDINANCE NO. 99 -49 AN ORDINANCE OF THE CITY OF ORMOND BEACH, AMENDING AND RESTATING ARTICLE IV, POLICE OFFICERS’ PENSION TRUST FUND, OF CHAPTER 16, PENSIONS AND RETIREMENT, SECTIONS 16‑71 THROUGH 16-98, INCLUSIVE, OF THE CODE OF ORDINANCES OF THE CITY OF ORMOND BEACH BY RESTATING THE CITY OF ORMOND BEACH POLICE OFFICERS’ RETIREMENT SYSTEM; PROVIDING FOR DEFINITIONS; PROVIDING FOR MEMBERSHIP; PROVIDING FOR A BOARD OF TRUSTEES; PROVIDING FOR FINANCES AND FUND MANAGEMENT; PROVIDING FOR CONTRIBUTIONS; PROVIDING FOR BENEFIT AMOUNTS AND ELIGIBILITY; PROVIDING FOR PRE-RETIREMENT DEATH BENEFITS; PROVIDING FOR DISABILITY BENEFITS; PROVIDING FOR VESTING OF BENEFITS; PROVIDING OPTIONAL FORMS OF BENEFITS; PROVIDING FOR BENEFICIARIES; PROVIDING CLAIMS PROCEDURES; PROVIDING FOR REPORTS TO THE DIVISION OF RETIREMENT; PROVIDING FOR A ROSTER OF RETIREES; PROVIDING FOR A MAXIMUM PENSION LIMITATION; PROVIDING FOR DISTRIBUTION OF BENEFITS; PROVIDING MISCELLANEOUS PROVISIONS; PROVIDING FOR REPEAL OR TERMINATION OF THE SYSTEM; PROVIDING FOR EXEMPTION FROM EXECUTION AND NON-ASSIGNABILITY; PROVIDING FOR PENSION VALIDITY; PROVIDING FOR FORFEITURE OF PENSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR CONVICTION AND FORFEITURE, FALSE MISLEADING OR FRAUDULENT STATEMENTS; PROVIDING FOR INDEMNIFICATION AND DEFENSE OF CLAIMS; PROVIDING FOR DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS; PROVIDING FOR PURCHASE OF CREDIT FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR ABSENCES PURSUANT TO THE FAMILY AND MEDICAL LEAVE ACT; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR PRIOR POLICE SERVICE; PROVIDING FOR THE PURCHASE OF CREDITED SERVICE FOR MILITARY SERVICE PRIOR TO EMPLOYMENT; PROVIDING FOR EXCISE TAX ON CASUALTY INSURERS; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Ordinance No. 99-49, on second reading, as read by title only. Call Vote: Commissioner Gillooly yes Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes carried. Mayor Hood yes Item 9 - 1999 Miscellaneous
Sidewalk Improvements Bid RESOLUTION NO. 99 - 156 A RESOLUTION AWARDING A BID TO CONSTRUCT SIDEWALK IMPROVEMENTS PURSUANT TO THE 1999 MISCELLANEOUS SIDEWALK IMPROVEMENTS; REJECTING ALL OTHER BIDS; AUTHORIZING THE EXECUTION OF A CONTRACT AND PAYMENT THEREFOR; AND SETTING FORTH AN EFFECTIVE DATE.
Commissioner Persis moved, seconded by Commissioner Irvin, for approval
of Resolution No. 99-156, as read by title only. Commissioner Boyle stated he received a copy of a letter from the contractor to Ted MacLeod, Public Works Director, dated October 8, 1999, which answered all outstanding issues and questions. He noted he now has total confidence in this contractor. Commissioner Boyle stated he is pleased this is a local company who is a part of the City of Ormond Beach. Commissioner Irvin noted she agreed this needed to be brought to the Commission’s attention, but commended the contractor for their positive attitude and apology. She advocated the use of local companies whenever possible. Call Vote: Commissioner Persis yes Commissioner Boyle yes Commissioner Irvin yes Commissioner Gillooly yes carried. Mayor Hood yes Item
#10 - Audience Comments On Agenda Items There were no audience comments. Item #11 - Reports, Suggestions, Requests Power Outages Commissioner Boyle expressed concern regarding power outages. He stated it seems that in neighborhoods with buried power lines, outages are more frequent and lengthy. Commissioner Boyle advocated FP&L going to the expense to insure a more reliable grid to those parts of the City where there are buried power lines, particularly where there are a large number of elderly residents. He advised he has just been made aware there is another area on Halifax Drive where there have been chronic outages for the past 15 years. Kurtz Arrest Commissioner Boyle reported that he understood a letter would be sent from the City to the Court recommending leniency regarding Mr. Kurtz’ arrest, but no letter was sent. He explained he was later told the City could not send a letter because it could have placed the City in liability for a false arrest suit. Commissioner Boyle stated it is his understanding Mr. Kurtz would first need to write a letter granting a waiver from any lawsuit being filed for false arrest before the City could write the letter to the Court. He reminded the Commission Mr. Kurtz was arrested because he believed was being denied the same privileges being afforded to other residents on Northbrook Drive. Commissioner Boyle reported that Mr. Kurtz received a postponement from the judge due to family illness, and he recommended if a letter can be written, that it be done. Procedure For Recusal by Members of the City Commission Commissioner Boyle stated the City’s Code is vague regarding the procedure for recusal by members of the City Commission. He recommended the new Commission address this issue and clarify the Code. Commissioner Boyle suggested that whenever a Commissioner is aware there is a conflict, he immediately recuse himself, in writing; and that before the item is discussed, the City Commission and public are made aware of that recusal. South Ormond Neighborhood Center Commissioner Irvin emphasized the remarks made by Mayor Hood regarding Liviston Edwards’ work for the City. She noted she has known Mr. Edwards as a youth growing up in this community, as a role model for the youth in the community, and as a outstanding employee at the South Ormond Neighborhood Center. Commissioner Irvin advised a reception was held for Mr. Wüllenkemper of US Airship Leasing at the South Ormond Neighborhood Center upon his company’s donation of computers for the Police Athletic League. She extended an invitation to the public to visit the South Ormond Neighborhood Center and see the work Mr. Edwards is doing there. Kurtz Arrest Commissioner Persis advised that Mr. Kurtz was arrested because he was blocking a lawful act of the City. He noted Mr. Kurtz was politely warned numerous times prior to his arrest and was informed of the consequences of his actions. He stated he supports the police officers who handled the situation correctly and politely. Commissioner Persis stated Mr. Kurtz made a choice, which comes with consequences. Biketoberfest Issues Commissioner Persis noted he was made aware of a traffic problem during Biketoberfest where Airport Road intersects with US #1. He questioned if the timing of the light is adequate or if the problem is the volume of traffic. Police Chief Larry Mathieson explained the problem is the sheer volume of traffic in the US #1, Airport Road area during Biketoberfest activities. He advised there is really no alternative but to be patient waiting for the light to turn. Chief Mathieson reported there are officers at that intersection to try to move the traffic more effectively, and he will speak to the Volusia County Sheriff’s Office and the Florida Highway Patrol regarding this matter. Commissioner Persis requested that trash cans be placed along Airport Road Thursday through Sunday to afford a place to dispose of trash in the hope this may ease the problem of trash being thrown along the road. National Make-A-Difference Day Commissioner Persis advised that Saturday, October 23, 1999, is National Make-A-Difference Day and urged the public to volunteer. Storm Analysis Commissioner Persis noted Ormond Beach has done well during the past storms regarding flooding. Mr. Ted MacLeod, Public Works Director, reported Ormond Beach has 13 crews working in the City from 7:00 A.M. to 7:00 P.M. to pick up the debris, and it is the City’s goal to have all debris picked up by the end of business on Saturday. He noted it is estimated there will be 1,600 tons of debris that will be picked up, compared to the 3,200 tons of debris picked up after Hurricane Floyd. Mr. MacLeod stated 7,600 tons of debris are normally picked up annually. Mr. MacLeod advised there was approximately $300,000 of property damage in Ormond Beach due to Hurricane Irene, mostly on the beach side, compared to $120,000 from Hurricane Floyd. He noted the City’s additional cost for protective measures and debris cleanup are FEMA eligible for reimbursement at a rate of 75%. He added the State will pay 12% of the cost. Palmetto Avenue and Ponce
DeLeon Drive Intersection Commissioner Persis stated a constituent has requested a four (4) way stop sign be placed at the intersection of Palmetto Avenue and Ponce DeLeon Drive. Mr. MacLeod advised Commissioner Irvin had asked him to investigate the possibility of a four (4) way stop sign at that intersection as well. He stated he will investigate the situation and report back to the Commission. Item #12 - Close the
Meeting The meeting was adjourned at 7:50 PM. |
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