DECEMBER 7, 1999 7:00 PM

Present were: Commissioners Jeffrey J. Boyle, Thelma Irvin, Fred Costello, Joyce High, Mayor Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk.

A G E N D A

  1. Meeting called to order by the City Manager.
  2. Invocation given by Dr. Harry Berger, Beth Judah Messianic Congregation.
  3. Pledge of Allegiance.
  4. Oath of Office administered to Mayor Carl G. Persis.
  5. Oath of Office administered to the City Commissioners:

Thelma B. Irvin - Zone 2
Fredrick W. Costello - Zone 3
Joyce E. High - Zone 4

  1. Nominations for Deputy Mayor.
  1. Resolution No. 99-201 electing the Deputy Mayor of the City of Ormond Beach, Florida; establishing term and conditions of service.
  2. Oath of Office administered to the Deputy Mayor.
  1. Proclamation commending teachers granted certification by the National Board for Professional Teaching Standards.
  2. Presentation by American Legion Post #267.
  3. Approval of the Minutes of the November 16, 1999, meeting.
  4. 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.
    1. Resolution No. 99-202 adopting rules of parliamentary procedure.
    2. Resolution No. 99-203 authorizing the execution of Change Order Number Three (Final) to that contract awarded to Halifax Paving, Inc., regarding the Williamson Boulevard Utility Relocation project, as authorized by Resolution No. 98-150, to increase the contract price by $451.50, from $128,646.50 to $129,098.00; and by increasing the contract time by 163 days from 180 days to 343 days; authorizing payment therefor.
    3. Authorization to rebid the lease for the Cassen Park bait house.

      DISPOSITION: Approve as recommended in City Manager memorandum dated December 2, 1999.
  5. FIRST READING OF ORDINANCES:
    1. Advisory Board Amendments:
    1. Ordinance No. 99-51 amending Section 2-214, Human Resources Board, Section 2-217, Historic Landmark Preservation Board, Section 2-218, Neighborhood Improvement Advisory Board, Section 2-221, Recreation Advisory Board, Section 2-223, Citizens’ Law Enforcement Advisory Board, Section -224, Quality of Life Advisory Board, and Section 2-225, Environmental Advisory Board, of Article VI, Boards, Commissions, Committees and Other Agencies, of Chapter 2, Administration, of the Code of Ordinances, by providing terms of office for board members; providing for removal of board members from office; modifying the membership composition of certain boards; repealing all ordinances in conflict herewith; providing for severability.
    2. Ordinance No. 99-52 amending Section 1.04, Board of Adjustment and Appeals, Section 1.05, Development Review Board, and Section 1.06, Planning Board, of Article I, Administration, of the Land Development Code, by providing terms of office for board members; providing for removal of board members from office; modifying the membership composition of certain boards; repealing all ordinances in conflict herewith; providing for severability.
    1. Ordinance No. 99-53 amending Article IV, Police Officers’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, of the Code of Ordinances; amending Section 16-76, Benefit Amounts and Eligibility; amending Section 16-78, Disability; adding Section 16-98, Deferred Retirement Option Plan; providing for severability of provisions.
    1. Ordinance No. 99-54 amending Article III, Firefighters’ Pension Trust Fund, of Chapter 16, Pensions and Retirement, of the Code of Ordinances; adding Section 16-67, Deferred Retirement Option Plan; providing for severability of provisions.
    1. Thirty (30) year service option.
    2. Thirty-five (35) year service option.
  6. RESOLUTION No. 99-204 fixing the dates and times for the holding of regular meetings of the City Commission of the City of Ormond Beach, Florida, during the years of 2000 and 2001; providing for exceptions thereto.
  7. AUDIENCE REMARKS:
  8. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
  9. Close the meeting.

Item #1 - Call to Order

Mr. Miller called the meeting to order at 7:00 PM.

Item #2 - Invocation

The invocation was given by Dr. Harry Berger, Beth Judah Messianic Congregation.

Item #3 - Pledge of Allegiance

Mr. Miller led in the Pledge of Allegiance.

Item #4 - Mayoral Oath of Office

Veronica Patterson, City Clerk, administered the Oath of Office to Mayor Carl G. Persis.

Item #5 - Commissioners Oath of Office

Veronica Patterson administered the Oath of Office to Zone 2 Commissioner Thelma B. Irvin, Zone 3 Commissioner Fredrick W. Costello, and Zone 4 Commissioner Joyce E. High.

Item #6(A) - Nominations for Deputy Mayor

RESOLUTION NO. 99 - 201

A RESOLUTION ELECTING THE DEPUTY MAYOR OF THE CITY OF ORMOND BEACH, FLORIDA; ESTABLISHING TERM AND CONDITIONS OF SERVICE; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Irvin moved, seconded by Commissioner High, to nominate Commissioner Boyle as Deputy Mayor.

Commissioner Costello moved, seconded by Commissioner Irvin, that nominations be closed.

Call Vote: Commissioner Irvin yes
  Commissioner Costello yes
  Commissioner High yes
  Commissioner Boyle yes
carried. Mayor Persis yes

Item #6(B) - Oath of Office administered to the Deputy Mayor

Veronica Patterson administered the Oath of Office to Deputy Mayor Commissioner Boyle.

Item #7(A) - Proclamation Commending Teachers

Mayor Persis read a proclamation honoring the classroom teachers who earned certification by the National Board for Professional Teaching Standards (NBPTS). Mayor Persis advised the following teachers successfully completed the National Board for Professional Teaching Standards certification: Mary Rose Farrah Back, teacher at Ormond Beach Middle; Brenda Compton, teacher at Pathways Elementary; Toni Holland, who lives in Ormond Beach and teaches at Spruce Creek High; Beverly Horn, teacher at Tomoka Elementary; Carolyn Langley, teacher at Tomoka Elementary; Rebecca Pittard, teacher at Pine Trail Elementary; Monica Sherwin, who lives in Ormond Beach and teaches at Longstreet Elementary; and Mary Pat Whiteside, who lives in Ormond Beach and teaches at Buddy Taylor Middle School in Flagler County. Mayor Persis noted he considers it a special privilege to honor teachers as his first official act as Mayor.

Item #7(B) - Proclamation Commemorating Pearl Harbor Day

Mayor Persis read a proclamation commemorating the many servicemen and civilians killed and wounded at Pearl Harbor on December 7, 1941. He recognized Nathan Goldstein, noting the article appearing in the newspaper this morning describing his personal account of the Pearl Harbor invasion.

Item #8 - American Legion Presentation

Mr. James Downey, Adjutant, advised the American Legion is introducing a new program for law and order where a firefighter and police officer would be chosen as Firefighter and Police Officer of the Year. Mr. Al Schodrum, Sergeant at Arms for the State of Florida, and Mr. Joe Sanders, Judge Advocate, addressed the Commission as did Commander Russell Prenatt, who read the American Legion Post #265 Proclamation No. 99-101 saluting the many dedicated veterans who have represented the Nation with pride and honor. Commander Prenatt expressed appreciation to the City for the use of the historical building on New Britain Avenue, and acknowledged a debt of gratitude to the City Commissioners and the City Manager for their patriotism and devotion to Ormond Beach.

Item #9 - Approval of Minutes

Mayor Persis advised the Minutes of the November 16, 1999, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

Commissioner Boyle moved, seconded by Commissioner Irvin, to approve the minutes as submitted.

Call Vote: Commissioner Costello yes
  Commissioner High yes
  Commissioner Boyle yes
  Commissioner Irvin yes
carried. Mayor Persis yes

Audience Remarks

Historical Trust Update

Mr. Ceylon Barclay, 1239 Oceanshore Boulevard, President of the Ormond Beach Historical Trust (the Trust), stated three (3) weeks ago a State grant application was made for a video tape walking tour of Ormond Beach and a color book. He reported the grant was not funded because the State wants the project to be more inclusive of area sugar ruins such as the Dummett sugar mill ruins; therefore, he stated the City will resubmit with a broader-based grant proposal on December 15, 1999.

Mr. Barclay advised several years ago the Trust offered to man the MacDonald House welcome center 20 hours per week. He stated the center is being manned seven (7) days a week, and the Trust will soon hire a permanent part-time employee to assist in this endeavor. Mr. Barclay noted he has been informed the Chamber of Commerce receives over 2,000 calls monthly requesting information regarding Ormond Beach and some of those inquiries relate to the historic features of Ormond Beach.

Mr. Barclay reported the Trust came out with a history book, authored by Alice Strickland, and it is now available.

Mr. Barclay explained the Three Chimney’s project is a 54.5 acre green space located on Granada Boulevard, centered by the oldest rum distillery ruins in America. He stated the Trust has raised and paid thousands of dollars for preliminary work such as an archaeological survey, a preservation plan, removing trees, excavating the ruins, and for cleaning and stabilizing the brick structures. Mr. Barclay reported the State placed Three Chimneys on its Most Endangered list two and one-half (2½) years ago. He stated the Conservation and Recreation Land Program (CARL) chose Three Chimneys as one (1) of only five (5) projects in the State of Florida to be ranked for funding this Thursday. Mr. Barclay stated he was notified that the project was being withdrawn from contention due to lack of a manager since neither the County nor the City would agree to manage the site; therefore, the Trust agreed to become the manager. Mr. Barclay asked the City to let the State know that Ormond Beach supports this project, but will also invest money to bring this resource to the citizens by agreeing to co-manager the site to give strength to the Trust’s application. He stated a living history museum in Ormond Beach would not only benefit the citizens, business community, tourists, but would recognize an important American value. Mr. Barclay stated the Trust needs the help of the City to save this "gem" now.

Mayor Persis asked Mr. Miller’s reaction to Mr. Barclay’s request; whereby, Mr. Miller noted this item was not on the agenda, and it would take a 4/5 vote to consider this as an emergency item. He cautioned a vote on an item that is not fully investigated, where staff cannot properly advise as to the long-term commitment to the City; therefore, he recommended not responding to any obligation without the costs delineated and more details being made available.

Mayor Persis offered to place this item on a future agenda; whereby, Mr. Barclay reiterated that the commitment is needed by Thursday, the day CARL will be making their ranking decision.

Commissioner Costello asked if he could question Mr. Barclay at the end of the meeting to learn more on this issue.

Commissioner Boyle stated while he has always been an advocate of this project, he concurs with the City Manager that the Commission cannot proceed without being fully informed of the consequences through a staff report and the normal procedure.

Mr. Barclay stated that would be tantamount to abandoning this project.

Korean War Memorial

Mr. Don O’Lone, 1304 Northside Drive, stated he has been invited by Governor Jeb Bush to the dedication of a Korean War Memorial in Tallahassee. He requested a letter from the City of Ormond Beach, signed by Mayor Persis, to present to Governor Bush. Mr. O’Lone explained this letter would be read on television during the ceremony and would be translated into Korean to be presented to the Ambassador of the Republic of South Korea.

Mayor Persis asked for a consensus regarding considering this request since i