|
|
|
|
|
| ||||
|
|
AUGUST 19, 1997 7:00 PM REGULAR CITY COMMISSION MEETING HELD AT CITY HALL COMMISSION CHAMBERS
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM.
Item #2 - Invocation The invocation was given by Commissioner Kelley.
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 5, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.
Commissioner Schecter moved, seconded by Commissioner Boyle, to approve the minutes as submitted.
Item #5 - Presentation - Update on Junior Lifesaving National Tournament
Ms. Melanie Dolan introduced six (6) of the seven (7) Junior Lifesavers who attended the Junior Lifesaving National Tournament in San Diego, California. She expressed her appreciation for the funds the City donated to make this trip possible.
Item #6 - Audience Remarks
Beach Issues Ms. Peggy Farmer, 5 North Ravensfield Lane, expressed concern regarding several problems at the beach. In attempting to access the beach, Ms. Farmer stated that she discovered the Granada approach was backed up and only one (1) other approach in Ormond Beach, Cardinal Drive, was open. At the Neptune Avenue approach, cars were parked in the brush and at the church where a police officer was giving either tickets or warnings. Ms. Farmer stated that although the County has jurisdiction, she recommended the City try to alleviate some of the problems. She stated tourists don’t know who is responsible for the beach, and the problems reflect badly on the City. She stated parking is a also a problem if people cannot access the beach. Ms. Farmer recommended three (3) issues be addressed by the new County advisory board through Ormond Beach’s liaison. She suggested Ormond Beach be the first city to contribute to a sea turtle hatchery to protect the turtles. Secondly, Ms. Farmer proposed a pilot project to have one-way traffic south from the Granada approach to the City limits. The third issue Ms. Farmer proposed is if it is too costly to hire personnel to man the toll booths, the entrances be opened and passes sold at the concession stands, City Hall and other places with instructions to place the passes on the mirrors of the cars. She stated one person could then be hired to inspect the cars and ticket if not in compliance, or the Beach rangers could be used for this purpose.
Commissioner Boyle concurred with Ms. Farmer’s remarks and expressed concern regarding future access to the beach for all our citizens. He stated one of the reasons the City was unsuccessful in attempting to move the polls at Granada 199 feet north of the approach was because the Fish & Wildlife Commission had requested that all the concerns of the cities be grouped together and submitted at one time, and he asked that the Commission and the City Attorney make sure that the movement of these polls and Ms. Farmer’s concerns be included when these combined concerns are transmitted. Commissioner Boyle stated it is interesting that the County was considering a penny sales tax for construction of parks along the oceanfront when the City has a park worth several million dollars on the oceanfront to which the County, without notification to the City, effectively eliminated access.
Mayor Hood questioned Mr. Stan Rosevear, a Volusia County Councilman who was in the audience, when the County intends to initiate the beach advisory committee and who has been selected to represent the City of Ormond Beach on that committee. Mr. Rosevear advised that Mr. Richard Lohmann, a resident of the North Peninsula, is representing Ormond Beach on the committee; whereby, Mayor Hood expressed extreme dissatisfaction that the City of Ormond Beach was not provided representation on the advisory board. Mayor Hood stated that the County establishing a committee of this nature, while not providing for a representative from Ormond Beach to serve on the committee, is an example of how the County is completely ignoring the third largest municipality on the beach. Mayor Hood asked that on the next City Commission agenda, consideration be given to writing a letter to Mr. Larry Arrington, County Manager, expressing disdain and disgust for having been left out of representation on the beach committee. He stated Mr. Arrington had promised that the City of Ormond Beach and every municipality on the beach would have a seat at the table, and this situation is egregious and intolerable. Mayor Hood stated he considers this a great breach of faith on the part of the County to set up a situation where the City of Ormond Beach has no ability to provide input relative to the beach. The Commission concurred with Mayor Hood’s comments.
Commissioner Schecter recommended that prior to the March 1, 1998, deadline for the municipalities to provide input, staff provide a report to the Commission regarding the cost of beach services where the City believes it can be more fiscally responsible.
Mayor Hood stated he had agreed with the idea that the City needs to put the beach problems behind it, that the cities need to stop fighting amongst themselves on beach issues, and that the beach should be under County management; however, that agreement was based on the promise by Larry Arrington that all of the cities would have a better vehicle for providing input into the process of how the beach is managed. He reiterated his objection to the establishment of any mechanism that deals with the management of the beach in which one of the municipalities is excluded by structure from that mechanism, and he asked within the next two weeks, the City Commission look into a means of future cooperation with the County in dealing with the beach.
Ormond Beach Safety, Aircraft and Schools Mr. Don Ward, 1214 Parkside Drive, expressed concern relative to safety for citizens when lights are turned off so they do not disorient sea turtles on the beach. He also expressed concern regarding safety relative to instructional flights over his home where pilots cut off engines to practice stalls and fly at a very low altitude. He noted this practice is prohibited by FAA regulations. Mr. Ward asked that the City support adequate schools in the City; whereby, Mayor Hood asked that Mr. Ward make his views known to the County School Board since the City Commission has no authority concerning schools. The Mayor also asked that the Airport Manager make it clear to fight instructors at the Airport that they must comply with FAA rules.
Public Skate Park Mr. Brandon Ashby requested the City Commission consider providing a public area for skateboarding, rollerblading and bicycling. He stated these activities are illegal in most parking lots which makes it impossible for those who wish to recreate in this manner to do so.
Mr. Ashby presented a list of names supporting a skate park concept. Mayor Hood asked staff to study this request and place this item on an agenda next month. He asked that Mr. Ashby be notified of the time of the meeting so he may address the issue. Mayor Hood stated that Mr. Ashby provide any documentation on this matter to the City Manager who will incorporate it in his report.
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.
Mayor Hood advised that staff has requested that Item No. 7(G) be continued. Commissioner Kelley asked that Item No. 7(C) be discussed separately, and Commissioner Persis asked that Item No. 7(A) be discussed separately.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of the Consent Agenda minus Item Nos. 7(A), 7(C) and 7(G).
Item #7(B) - Engineering Services for 1999 Drainage Improvements
Commissioner Kelley stated the current grading system penalizes consultants for previous work done, and he asked that the selection formula used be reviewed regarding that aspect as it defeats the purpose of keeping the cost down. He stated a consultant would have a 30% automatic leeway on bidding a project based on the differential they would have to make up if the point level remained at 20 points or 12 points on previous work. He stated that while the amount in this instance is relatively small, that amount still represents several homes that could have been provided drainage improvements.
Mayor Hood concurred, and advised staff has reported that the process will be revised so that those applicants that have been downgraded before will have a certain period of time where they can upgrade in which they will no longer have that differential.
Item #7(A) - Laurel Creek Stormwater Pumping Station
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Resolution No. 97-158, as read by title only.
Commissioner Persis asked when the project would be completed. Ted MacLeod, Public Works Director, stated the actual construction period is six (6) months; therefore, he expects final completion, considering the initiation of the project, should be within eight (8) months.
Item #7(C) Fire Station No. 91 Renovation Change Order
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Resolution No. 97-159, as read by title only.
Commissioner Kelley questioned why it took so long for these items to be brought forth and why they were not included in the original construction costs. He also questioned the exorbitant amount of some of the items on the Change Order. Mr. MacLeod stated that as the work proceeded, it became apparent that some of the changes were needed.
Mayor Hood stated that once change orders are involved, there is a significant mark up, and he questioned why the firefighters had not provided this input at the time of the original contract. Mr. MacLeod stated that the Fire Department had provided input into the original plans, but somehow these things were overlooked. Mayor Hood strongly disagreed that these items are being added at this time and suggested the firefighters be told they may not make changes at this time. He agreed to approve the change order on the condition that the Fire Department cover these costs from their budget.
Mayor Hood asked that he be informed as to where this expense will be addressed in the Fire Department budget.
Item #8(A) - Vacating Right-of-Way Within "Ormond Lakes"
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-48, on second reading, as read by title only.
Item #8(B) - Shopping Centers
Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(B). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-49, on second reading, as read by title only.
Item #8(C) - Daily Needs Retail Sales and Services
Commissioner Boyle moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(C). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-50, on second reading, as read by title only.
Item #8(D) - Business Signs in the Granada/Bovard Streetscape District
Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(D). The motion carried unanimously.
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-51, on second reading, as read by title only.
Commissioner Schecter urged the Commission not to support this ordinance as written for reasons discussed at the first reading. He stated this Land Development Code change is site specific, and he urged that consideration of signage in the long term be considered, especially in this particular corridor.
Commissioner Boyle echoed Commissioner Schecter’s remarks and stated that there is to be a review of all signage and colors in the Granada corridor; therefore, this should be postponed until that review is completed.
Item #8(E) - Final Plat of the Ormond Business Center" Subdivision
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(E). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-52, on second reading, as read by title only.
Item #8(F) - Issuance of Bonds for Acquisition of The Rivers Property
Mr. Donald McConnell, owner of Tomoka Pub, 906 North US#1, asked for assurance that if this park is built, he may maintain the use of his business as a lounge since it is within 1,000 feet of the proposed park. Mayor Hood stated that if the ordinance is passed and the election is successful, it will have no impact upon Mr. McConnell’s land designation, zoning designation or his ability to operate and resell his bar. Mr. Clay Ervin, Planning Director, stated that Mr. McConnell’s bar is also licensed as a restaurant; therefore, the rules for a bar do not apply. Mr. McConnell stated he currently holds a license as a bar/lounge; therefore, he would like some assurance that there will never be an entrance from US#1 into the park which would jeopardize the use and resale of his property under its current license. Mr. Ervin advised The Rivers property currently consists of three (3) different designations: Commercial, Suburban Low Density Residential, and Rural State Agricultural, and any change in those land uses would have to take into consideration any impact to Mr. McConnell’s land. Mr. Ervin stated he could not guarantee 100% there would be no negative impact on Mr. McConnell’s property, but he advised he would review the standards for a nightclub/bar/lounge to determine if there are any exceptions, and if not, this issue will be addressed if the land use is changed from Commercial, Suburban Low Density Residential and Real Estate to Open Space Conservation.
Tina Share, 1317 Overbrook Drive, questioned the discrepancy between the developers asking price and the State’s presumed appraisal. She stated that the public agrees this land should be protected from development, and this piece of land in the middle of a State park should be part of Tomoka State Park, but the City should not be coerced into overpaying because Ormond Beach asked for a price reflecting "highest and best use" of the property. She contended that in negotiating as a buyer, the City should have requested the "least acceptable price." She stated the difference in the two appraisals is in the zoning, and she supported the development of the property facing US #1. She urged the City to use State money, mitigation money and the money already collected in the Development Opportunity Fund to gradually buy the remainder of this property. Ms. Share stated her concerns are that development would destroy the ecosystem, animals would loose their habitat, there would be loss of the floodplain which would mean pollution downstream, degrading the Tomoka State Parks and public waterways. Ms. Share questioned if the bond issue is on the September 30th ballot, and it fails, if the Commission will commit itself to refrain from rezoning the property.
Ms. Rita Press, 875 Wilmette Avenue, asked what the zoning had been when Bellemead purchased this property. Mr. Fred S. Disselkoen, Jr., City Attorney, advised the property was zoned for mobile homes with a higher density. Ms. Press questioned how an appraiser was selected and why the property was appraised at the highest density. Mr. Disselkoen explained the City solicited proposals from seven (7) different MAI’s who came back with various proposals. He stated the City selected the lowest proposer, who followed the normal appraisal practices. Mr. Disselkoen stated the Planning Director gave the appraiser a reasonable scenario of what would be a reasonable possibility of development on the property given the constraints involved, with approximately two-thirds to be an open space conservation easement. Ms. Press asked if there had been dumping on this land. Mr. Disselkoen advised there is a clause in the contract which stipulates there is no violation of the Comprehensive Environmental Recovery Act, and Bellemead is indicating no dumping has occurred. Mr. Clay Ervin, Planning Director, stated that in the early 1980’s Bellemead began development of the site for mobile homes and brought in fill for stabilization of a portion of the property as is approved by the development processes. He advised this fill is not dumping, and that land may be built upon.
Ms. Laurie Cash, President of the Volusia Anthropological Society, stated her organization supports the City and the State’s effort to place this referendum question on the ballot to make the John’s Island tract part of the Tomoka Basin. She stated the organization also supports Bellemead’s ability to be able to develop their land as a landowner. She reported that Bellemead very generously donated the property on the entire right side of Old Dixie Highway which is now the Volt Land Tract which contains some of the most significant historic and archeological sites on the east coast of the United States. Ms. Cash asked the City develop an air of cooperation with land developers, and she noted that Bellemead has been totally supportive of trying to preserve the history of this area although they have an obligation to develop their property. She stated the John’s Island Tract contains documented archaeological and paleontology sites on this land, and the land has historical value in that it was part of Richard Oswald’s ferry settlement. Ms. Cash stated that on September 27th Volusia County will be holding a Heritage Tourism Summit to help promote ecotourism in this area, and the acquisition of this land will create revenues through tourism for the City of Ormond Beach.
Mr. Gordon Currie, 1 Cypress View Trail, suggested postponing this election until next year since there will only be two City zone seats decided in this election and there will be heavier voter turnout for State elections next year.
Ms. Mercedes McCallen, Vice President of Citizens for Ormond Beach, 40 Longfellow Circle, stated that ten (10) years ago 735 units were proposed for this tract of land which is a lot more than is now being proposed. Ms. McCallen stated that Preservation 2000 funds will no longer be available in three (3) years, and State agencies have been ordered not to add more sites to their acquisition lists but to concentrate on land that has already been purchased. Ms. McCallen gave various examples of the land’s biological and archeological values. Ms. McCallen stated there is no available open space left undeveloped in Ormond Beach except The Rivers property, and she advised that in the last few years the State has not participated in acquisition unless there is a 50% match by a City or County.
Mayor Hood stated that even when there is a City-wide election, there is only a 25-30% turnout of the taxpayers; therefore, with only two (2) zones electing Commissioners this year, the likelihood of getting 20-25% of the electorate is optimistic. He stated that under this scenario, only 10-15% of the electorate will decide whether the entire City is taxed $3.9 million.
Ms. McCallen stated the nationally recognized group, Trust for Public Land, is involved in this project now, but there is no guarantee they will be involved next year or what funds will be available to assist in the acquisition of the property. Also, she stated, the landowner is willing to sell now and may not be next year. Ms. McCallen showed slides with the increasing encroachment of development from 1943 through 1986.
Mr. Joe Lipscomb, 22 Shadow Creek Way, asked if there were an obligation to issue bonds if the referendum passes. Mr. Disselkoen stated a contract was approved two (2) weeks ago where the funding for the contract would be the bonds, therefore they would be required. Mr. Lipcomb urged that the City be assured of State funding before anything is done, because it may take years to acquire those funds. He stressed that the park is a State park, not a City park, thus they should finance the entire project.
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(F). The motion carried unanimously.
Mr. Disselkoen stated Trust for Public Land (TPL) requested changes in the ballot language to make it more conducive to their campaign. He asked that those amendments which would call the election a Preservation Bond Election be incorporated on adoption of the ordinance. He stated the words "from date" were removed from the ballot summary, corrections to the polling places were made, and revisions were made in the ballot title.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-53 incorporating the changes in the City Attorney memo, on second reading, as read by title only.
Commissioner Boyle stated everyone in the community agrees that this land desperately needs to be preserved, and it is the last "puzzle piece" in the Tomoka State Geopark; however, the issue is whether a $3.9 million referendum should go on the ballot this year. Commissioner Boyle agreed with Mr. Currie and the Mayor that the election turnout this year is a valid problem. He stated the easy and safe path out would be to pass the decision on to the voters, but he believes such action would ignore relevant questions and facts that have become public, such as why the Commission directed and staff ordered an appraisal based on "highest potential density" rather than the "limited density that is permitted now," and which was unanimously upheld by this Commission last November 6th. Commissioner Boyle questioned why the appraisal was based on what might happen, and why the appraisal came in at $1.6 million higher than what the State has offered for the land. He also questioned why the ballot referendum would ask the voters to approve $3.9 million in bond issue when the expense may only be $1.8 million. He asked how this might relate to the 1987 bond issue when voters approved $500,000, only to find out that the City paid half of the bill then stopped payments, keeping $250,000, and how the voters can then trust the City again not to keep the remaining money.
Commissioner Boyle questioned how the Commission can expect voters to understand such a complicated and confused referendum, much less vote for it. He also question how it would be possible to remove the growing perception that the purchase price is inflated. He stated he would consider each vote to be a "no win" choice between fiscal irresponsibility and environmental irresponsibility. He stated all the arguments assume that this bond issue would pass, but he stated he is skeptical that it would pass. Commissioner Boyle stated it seems that preservation of vital and sensitive lands is less likely to occur if it is left to city governments and voter referendums rather than relying on State governments. He suggested if the State money is drying up, it is time for the citizens to get involved in that process and have it reinstituted. Commissioner Boyle stated that conscientious cities like Ormond Beach, who vote bond issues on themselves, are paying a double tax since they pay the State and City tax. He stated that by upholding land use codes that are already in place would be the way to preserve sensitive lands costing the taxpayers no additional money. He stated the political reality is that any of these rules can be changed by three (3) Commissioners, and that is where the voter needs to make careful decisions. Commissioner Boyle stated that his record in favor of environment preservation is well documented, but he must oppose this referendum, and he urged the Commission to reject the ordinance at this time.
Commissioner Schecter stated that this Commission has pressed for years for the purchase of this land to go into the hands of the people. He stated that to think the voters will not come out to vote on this issue is elitist and an insult to the democratic process, and the Commission owes it to the people of this City to place this issue on the ballot and to share all it knows about the property and let the people decide. Commissioner Schecter strongly urged the Commission to support the ordinance as amended.
Commissioner Kelley stated that he has researched and found the appraisal to be close to accurate. As an example, he stated that property at Ormond Lakes is selling for $100,000 an acre. He expressed concern regarding voter turnout and with the public’s perception that the City would be paying too much for the land. He expressed support of preserving the portion of the property that is environmentally sensitive and developing the portion that is zoned commercially; however, he suggested the City may be better off to wait for the next election to place this item on the ballot.
Commissioner Persis expressed confidence that voters will understand the issue, and suggested if this issue does go on the ballot, the environmentalists need to do an extensive educational campaign to encourage those in favor of preservation to the polls. He stated that regarding the "highest use" issue, Mr. Ervin as the Planning Director, and the City staff, have nothing to gain by inflating the price of the land through the appraisal, and he saw no usefulness in comparing slides of land in Florida several years ago with current development as this simply shows there are more people now.
Mr. Disselkoen stated that the seller is willing to sell this year but may not be willing to do so next year. He stated he had spoken to the Department of Environmental Protection and was informed State funds are available now, but those funds may not be available next year. He advised the Trust for Public Land has committed themselves and their resources to educating the public regarding the environmental issues.
Laura Jones, 59 Amsden Road, questioned what happens to the difference between the bond issue and the amount the State pays; whereby, Mayor Hood advised that the State money would be used to reduce the debt, thus reducing the millage by reducing the amount needing to be repaid.
Mayor Hood stated he has serious concerns regarding the ability of the people concerned to outline the financial obligations as well as the merits of this issue accurately. He stated that if the taxpayers wish to tax themselves for this purpose, they should have that right; however, he cautioned the advocacy groups involved in outlining the merits to the community, that if he believes their outline of the facts is inaccurate or unfairly represented, he will vote no on the actual issuance of the bonds.
Commissioner Schecter asked staff to bring to the Commission options on how best to sell the bonds so that the Commission may decide at the next meeting on language for a letter stating the facts and available information which may be disseminated to the public. Mayor Hood instructed staff to place on the next agenda a discussion as to 1) whether the Commission wishes to send such a letter, and 2) what the content would be.
Item #8 (G) - Installation of Wall at Royal Floridian Resort
Commissioner Persis moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(G). The motion carried unanimously.
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-164, as read by title only.
Item #8(H) - Junior League Child Care Facility
A resident on Orchard Lane urged the Commission not to approve the proposed Conditional User Permit (CUP). He stated his property line is 25 feet from the rear of the Unitarian Univeralist Society property, and he is concerned about the noise impact on the adjacent residential community. He stated the noise when the children play on Sunday morning is acceptable as it is only for one hour; however, this CUP would allow potentially thirty (30) hours of noise from twenty-three (23) children. He stated the playground is in the back yard furthest from the building because of the noise level associated with the equipment. The resident noted the staff report which states the requested use will not adversely impact surrounding properties, speaks to the visual impact but not the noise. He stated the back of this property is thirty-nine (39) feet from a bedroom of a senior citizen who takes naps during the day. He asked if the Commission approves this Conditional Use Permit, that the playground equipment be moved closer to the building and a fence be required along the sides of the playground in addition to the back, along with a natural buffer on either side of the fence.
Mr. Hal Marks, 60 North Halifax Drive, urged the Commission to deny the request. Mr. Marks stated a traffic problem already exists that is bound to be aggravated by allowing the CUP. He noted there is a sign 200 feet from the driveway indicating it is a dangerous driveway.
Mr. Al Winters, 60 North Halifax Drive, expressed concern about safety issues. He stated there are six (6) tractor trailers and twenty-two (22) postal vehicles that go in and out of the driveway every day.
Mr. Walker Fisher, 85 Walker Lane, echoed the thoughts of the previous speakers.
Mr. Joe Hopkins, The Performance Group, 140 South Beach Street, representing the Unitarian Universalist Society and the Junior League, displayed maps of the area as well as a picture of the playground which is in an extremely dense wooded area. Mr. Hopkins stated the children at this facility will be mostly two (2) years old and under which will not propagate a lot of noise. He stated the children are not brought out in a block, but are staggered on half hour increments during the day. Mr. Hopkins related there is playground equipment throughout the property; it is not focused in the rear of the property; and there is dense vegetation between the playground and the duplex located 39 feet away. He stated a shadow box fence will be placed at the rear of the property, and a vegetative buffer already exists. Mr. Hopkins stated that placing a fence along the sides of the property would not offer additional protection since sound travels in a straight line. Mr. Hopkins stated this daycare facility is an existing use as required by the City’s Comprehensive Plan and will not alter the character of the neighborhood. He urged the Commission to also take into consideration all the improvements that are being done to the property, such as the paving of the parking lot and the additional landscaping. Mr. Hopkins stated that the Volusia County Traffic Engineering Division, who has jurisdiction for permitting Halifax Drive, has approved the plan as this facility will generate nineteen (19) trips on a peak hour, which is a minimal impact.
Mr. Ervin reported that staff asked the applicant to keep both the access on Halifax Drive and the access to the easement with the Post Office open; and with both accesses open, staff does not foresee additional traffic impacts at either Granada Boulevard or Halifax Drive.
Ms. Cathy Weite, Chairman of the Junior League Preschool Committee, stated she surveyed some of the neighbors to ascertain if there were any problems in the last five (5) years. She advised two (2) people signed a paper stating there were no problems. Ms. Weite stated the dismissal of the children is staggered to avoid traffic problems.
Mayor Hood questioned the market the daycare is trying to attract, and Ms. Weite advised the enrollment consists of the children of the Junior League members and the general public. She stated the preschool is licensed to have from six (6) month old to pre-kindergarten children which could be up to a five (5) year old, with a maximum of twenty-three (23) children. Mayor Hood asked why the Junior League left Christ Presbyterian Church, and Ms. Weite responded that the Presbyterian Church is starting its own daycare program. She stated the Junior League looked elsewhere and this was the only place that would accept a preschool in their facility. Mayor Hood asked if it were possible to limit the number of children on the playground to five (5) at any one time; whereby, Ms. Weite stated ten (10) would be the minimum, although since two teachers would need to be outside with the children with one teacher inside with the remaining children, fifteen (15) would be a more accurate figure.
Ms. Mia James, cochairman of the Junior League, stated that people are now looking for their child care for the year, and if this CUP fails, the Junior League will not have a child care this year. She reminded the Commission that any money generated goes back into the community.
Mr. Winters expressed concern regarding the driveway extending into the Ormond Heritage driveway. Mr. Ervin explained there is a chain link fence currently blocking the entrance to the southern property line, and that actual access point is owned by the Post Office. He stated the City is working toward receiving an access easement to the Ormond Heritage and the church. Mr. Winters advised that he is the station manager of the Post Office, and he informed the Commission that the Ormond Heritage owns the right-of-way into the Heritage and has granted a usage deed to the post office. Although he is not speaking on behalf of the Post Office, he stated that he does not believe the Post Office would allow the proposed access for the daycare.
Mr. Ervin clarified that the property that is used for the access isle is owned by the Ormond Heritage, and it is his understanding that the Ormond Heritage has granted an easement, contingent upon approval of this Conditional Use Permit, for access to the church. He advised that access through the parking lot of the post office is not a viable alternative, so all access will be utilizing Halifax Drive, and this access would provide an alternative so that the major traffic would not exit at the bend in Halifax Drive.
Commissioner Kelley stated it appears the biggest problem will be in exiting Halifax Drive to travel north.
Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #8(H). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-165, as read by title only.
Commissioner Boyle praised the Unitarian Universalist Society for their far-reaching social consciousness in the community. He noted the cost of the parking lot renovations will be $40,000 to $50,000, which will not be recovered from the low daycare tuition. Commissioner Boyle stated, however, that he has concerns regarding the traffic problem which includes the combination of the Food Lion traffic, the Post Office trucks, the hedge, the Sun Bank traffic, the Ormond Heritage traffic, and a Votran bus stop and school buses. He stated this change would have an impact on the neighborhood, and the homeowner’s rights must be considered by the City government. For these reasons, Commissioner Boyle stated he must oppose the Conditional Use Permit.
Commissioner Schecter stated he is extremely pleased at the improvements that will take place on this property if the Conditional Use Permit is allowed and he does not see the use as excessive. Commissioner Schecter stated he did question if the hours can be extended, but was informed that HRS would not allow it. He stated his only remaining concern could be remedied if the playground equipment were moved as close to the building as possible, and he urged the Commission’s approval. Commissioner Persis stated that since the Junior League is sensitive to the fact that the neighbors would like to limit the number of children out at any particular time, he felt they would monitor this situation. He stated a shadow box fence would be a good idea all the way around the property, not necessarily because of noise, but also because of visibility and as more buffer. He stated the people who should be concerned about the traffic are those who have children in the daycare center and the employees, and he advised the Junior League to warn their customers regarding the dangerous intersection. He stated he believes the fears of the neighbors will not be realized, the improvements to the parking lot will add to the area as well as provide for a safe operation, and the daycare serves a need in the community.
Mayor Hood stated he does not see traffic as a major concern because of the staggered dismissal times, and he discounted the noise issue. He asked for a commitment from the Junior League to move the playground equipment closer to the building. Mayor Hood stated that placing shadow box fencing on the north and the south will not decrease the noise to the neighboring homes; therefore, the additional fencing should not be required. Commissioner Kelley stated that the playground equipment is now in the shade and moving it would put it in the sun; whereby, Mayor Hood stated he would leave it to the Junior League’s judgment, but would ask that they move as much of the equipment as possible to accommodate some of the issues mentioned. Mayor Hood also asked if it were possible to add additional landscaping to the back of the property, to which the Junior League answered affirmatively. Mayor Hood summarized that the motion requires landscaping across the western fenceline as well as movement of as much of the playground equipment as possible to the easterly portion of the property closest to the building.
Item #8(I) - Southwest Interchange Complex Amendment
Commissioner Kelley moved, seconded by Commissioner Schecter, to close the public hearing on Item #8(I). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-166, as read by title only.
Item #9(A) - "Briargate" Final Plat
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-55, on first reading, as read by title only.
Item #9(B) - Provide for Amortization of Reclaimed Water Connection Charges
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-56 on first reading, as read by title only.
Item 10(A) - Proclamation Calling a Regular Municipal Election
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of the proclamation to call a regular municipal election on Tuesday, September 30, 1998.
Item 10(B) - Arrangements for a Regular Municipal Election on September 30, 1997
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-167, as read by title only.
Item #10(C) - Appointing Election Workers
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-168, as read by title only.
Item #11(A) - Streetscape Request for Proposal.
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Option #1 of the Streetscape Request for Proposal.
Item #11(B) - Repeal of the Preemption Clause of the Florida Clean Air Act
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of the request that the Florida Legislature repeal the preemption clause of the Florida Clean Air Act.
Item #11(C) - Bingo Operations
Commissioner Boyle moved, seconded by Commissioner Kelley, for approval of the request to draft a local ordinance regulating bingo operations.
Commissioner Persis asked if Ormond Beach has many bingo parlors. Tom Lipps, Assistant to the City Manager, stated that charitable organizations are running bingo, but Ormond Beach has no commercial bingo parlors. Commissioner Persis asked if the suggested language restricting bingo operations to two (2) days per week per geographic location means in a specific building, to which Mr. Lipps answered affirmatively. Commissioner Persis asked why this ordinance is needed.
Commander Blaiz, Halifax Area Veterans Council, Bingo Non-Commercial Chairman for Volusia County, stated that Seminal County had a bingo raid where $716,984 was made by the operator with only $118 paid to charity. He advised State law requires that all bingo workers be volunteers, and this law was passed to aid bingo as a fund raiser, but there has been abuse of this law. He stated the goal is to establish a noncommercial bingo bill so that non-profit organizations can have revenues, but limiting each organization to two (2) bingo nights per week. Commander Blaiz stated that there is a bingo ordinance on the County agenda for September 4th, and if approved, Commander Blaiz asks only that the City Commission endorse it.
Commissioner Persis asked Mr. Disselkoen why the City Manager memorandum mentions a municipality may enact an ordinance limiting bingo operations to five (5) days a week rather than two (2) days a week. Mr. Disselkoen stated the five (5) days refers to the Attorney General’s opinion, and since that opinion the City of Ocala had a bingo ordinance that was challenged in court by FYI Adventures, Inc., where operations were limited to two (2) days per week and the ordinance was upheld by the courts. Mr. Disselkoen recommended Ormond Beach use the ordinance that has been tested in the judicial arena.
Item #12 - Reports, Suggestions, Requests
Main Street Organization Commissioner Boyle stated that on August 13th the Main Street Organization sponsored a retailers seminar which was very useful and generated many positive ideas. He expressed his appreciation to Patti Bowie for arranging the seminar and for her leadership with the Main Street Organization.
Oceanfront Park Commissioner Boyle stated there are two (2) basic problems at the Oceanfront Park--the sidewalk is not being maintained very well with sand and vegetation growing on the sidewalk and the buffer material on the north side is encroaching onto the neighbor’s property. He stated The Bon Terre representative, in response to the two (2) complaints, volunteered that the City might be placing bricks in the sidewalk and that they could pull the hedge out and plant something else in its place. He suggested these solutions may not be the most accurate, and asked that staff assure that Bon Terre representatives are not misrepresenting the City. Mayor Hood asked Mr. MacLeod to supply a report on these issues at the next meeting.
Travel Policy Update Commissioner Schecter expressed his appreciation to Mr. Miller and Mr. Paul Lane, Finance Director, for the travel policy update which was on the Consent Agenda.
Farewell to Chief Stewart Commissioner Schecter wished Chief Stewart farewell and thanked him for all of his assistance throughout his tenure.
Mr. Miller also expressed his appreciation to Chief Stewart for his service to this community and to wish him well in his new position. Mayor Hood concurred and noted it is very difficult for a police chief to walk into a situation where a police department has been doing business in the same manner as they have for years, identify a vision, and have the courage to stay the course. Mayor Hood stated Chief Stewart is a professional who brought a long-term vision to our community, for which we are all grateful. He stated the community has benefited from his service, and he thanked him for that service.
Medians on SR40 Commissioner Kelley stated that his biggest complaint regarding the medians on SR40 is that "they look like they were created to be a maintenance nightmare." He stated people are complaining about what they think are weeds but are actually plants that look more like weeds and are growing in all directions. He asked that the "hayfield" grass and dead trees be addressed as well. Commissioner Persis expressed concern that the trees are planted directly under the power lines, and when they grow they will need to be trimmed and loose their aesthetic value. Mr. MacLeod stated the trees are not directly under the power lines but are in close proximity will be trimmed as they mature. He advised there is only one tree which is still questionable, and it is being watched. Mayor Hood asked Mr. MacLeod to address these concerns so they can be laid to rest once and for all.
Commissioner Persis offered his support of the proposed skateboard park and urged the Commission to take the issue seriously. Item #13 - Close The Meeting The meeting was adjourned at 10:00 PM. |
|
|
