|
|
|
|
|
| ||||
|
|
NOVEMBER 4, 1997 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Ed Kelley, Carl G. Persis, City Manager Eugene Miller, City Attorney Fred S. Disselkoen, and City Clerk Veronica Patterson. Commissioner David Schecter was absent.
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Joseph Maher, Holy Child Episcopal Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Audience Remarks: Presentation to Mayor Hood Mr. Don O’Lone, 1304 Northside Drive, introduced Mr. Willie Foster, representing the Department of Veterans Affairs, Administrator for the Emory L. Bennett Memorial Veterans Nursing Home. Mr. Willie Foster, presented a plaque to Mayor Hood on behalf of all the veterans of Emory Bennett Memorial Veterans Nursing Home and all the veterans in Ormond Beach which read "The Honorable Mayor David Hood, thank you for your support and dedication to the veterans of Emory L. Bennett Memorial Veterans Nursing Home - November 19, 1997." Mayor Hood expressed his appreciation for the plaque. Mr. Foster invited all to come out to Emory L. Bennett Memorial Veterans Nursing Home on November 11th, Veterans Day, to visit the veterans. Junior League Festival of Trees Ms. Gail Artin, 23 River Ridge Trail, expressed her appreciation on behalf of the Junior League for the City’s support in hanging their banners for the Festival of Trees. Ms. Artin stated that 238 of the 400 members reside in Ormond Beach. She stated the Junior League has given $5,000 in grant money to different schools in Ormond Beach over the last few years, and the Festival of Trees is a major fund raiser which enables the Junior League to give grant money and achieve their other goals. Item #5 - 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 Kelley moved, seconded by Commissioner Persis, for approval of the Consent Agenda.
Item #6 - Comprehensive Plan Amendments Mr. Clay Ervin, Planning Director, advised that the staff reports are self-explanatory, but pointed out that one of the issues that staff is requesting is an extension to the EAR based amendment deadline. He explained that currently the State of Florida mandates all the EAR based amendments be adopted by April 1, 1998; however, in accordance with Section 163.3191, the City can request an extension of six (6) months. Mr. Ervin stated this is being requested so staff can go through the arduous process to make sure that most of the details are brought forward. Mr. Ervin noted that on page 2 of the staff memo, Item 6, Mason’s Etc. - North Yonge, indicating a land use designation change from Low Density Residential to Heavy Commercial, was withdrawn by staff at the Planning Board meeting and is not part of the Resolution. Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #6. The motion carried unanimously. RESOLUTION NO. 97-211
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-211, as read by title only. This motion includes a request for a six (6) month extension to the EAR based amendment deadline.
Item 7(A) - Pine Cone Trail Right-of-way RESOLUTION NO. 97-212
Commissioner Kelley moved, seconded by Commissioner Persis, for approval of Resolution No. 97-212, as read by title only. Mr. Russ Bundrun, 150 Pine Cone Trail, stated that the existing parking area is very much needed, and Mr. Horowitz deeded this property to the City for the purpose of using it as a parking area. He stated that in 1991 the Timbers Edge Homeowners’ Association (HOA) held a special meeting attempting to make the lot a planter box, but it was defeated by the majority of the homeowners. He stated that in 1991 the City placed parallel parking signs on this lot, and two (2) years ago the City striped the area shortly after Mr. Newman purchased the property at 160 Pine Cone Trail, which is adjacent to the lot in question. Mr. Bundrun stated that not all of the neighbors were aware of Mr. Newman’s intention of making the lot a planter box until September of 1997. He stated there are a lot of neighbors opposed to this change. He stated that some people have smaller driveways, some have one-car garages, and some people have more than one vehicle, all of which cause parking problems. Mr. Bundrun presented the Commission a petition with seventeen (17) signatures of people living in the immediate impact area opposing this change. He asked if the City performed an impact study or asked the neighbors if they opposed this change, and he questioned how the lease application came about. Mr. Fred Disselkoen, City Attorney, stated Commissioner Kelley had contacted him regarding this issue; and after reviewing the files, he found no mention in the deed that this property was to be used for parking purposes, but that it was intended for use as a right-of-way. Mr. Disselkoen stated that in 1991 there was discussion regarding this area being beautified and vacated. He stated that at that time Mrs. Torbett was contacted, and the lease was originally prepared for the HOA. Mr. Disselkoen stated Mrs. Torbett spoke with Ms. Blackledge, President of the HOA, who indicated she had no interest in taking this to the Board; and as a result, the Newmans came forward and indicated they would execute the lease in their own names, paying all expenses. Mr. Bundrun stated that at the September 21st HOA board meeting, this issue was discussed, and the board declined to make any ruling because it is City property. He further stated the right-of-way was leased by the Newmans before Timbers Edge HOA had an opportunity to have a board meeting regarding that Resolution. Mr. Jack Newman, 160 Pine Cone Trail, stated that when Timbers Edge was built, the developer was required to have two (2) parking spaces for each unit. He stated some people elect to fill their garages and some elect not to use the space next to their garage which was allocated as a parking space for each unit. Mr. Newman stated that when he moved into 160 Pine Cone Trail, the two (2) parking spaces had eight (8) vehicles parked in front of it and in the driveways. He stated he is attempting to beautify the street. He advised there are over twenty-five (25) parking spaces owned by the HOA. Mr. Newman stated the two (2) vehicles parked 95% of the time in the spaces in front of 160 Pine Cone Trail are owned by the two (2) owners of either 150 or 152 Pine Cone Trail. He stated these spaces are used as their own personal parking spaces, not guest parking spaces. Ms. Judith Zielinski, 152 Pine Cone Trail, stated she understands that Mr. Newman does not live on Pine Cone Trail; his son lives at 160 Pine Cone Trail, but he is not here to represent himself. Ms. Aislinski stated the parking spaces are needed, and the street is beautiful without the planter. Ms. Frances Torbett, 157 Pine Cone Trail, stated 99% of the time Mr. Bundrun and his wife use the parking space in question; and Ms. Zielinski’s garage is too full to use for a vehicle, but she has plenty of places behind her house to park. She stated the remaining homeowners have an agreement with each other that if extra spaces are needed, they share driveways. Mrs. Torbett sated she spoke to the president and treasurer about a possible lease and landscaping, but was told that there was no money in the treasury to beautify the spot taking into consideration the problem of underground pipes. Ms. Torbett asked them to present it to the board, but they refused. Ms. Torbett stated she then called Mr. Newman who went to see Mr. Disselkoen. She stated at this point the property was deeded to Mr. Newman with the proviso that he would be responsible for any expenses incurred, which he has done. Ms. Torbett stated that if this spot can be beautified, it will be a starting point to beautify the rest of the street, and only three (3) homeowners want it to remain a parking spot. Mayor Hood asked the audience for a show of hands on who was in favor of the beautification project and another for who was opposed. Approximately fifteen (15) individuals noted support, and three (3) were opposed. Mr. Newman clarified that the home at 160 Pine Cone Trail is owned by his daughter whom he represents. Commissioner Boyle expressed his appreciation to all who spoke at tonight’s meeting, but stated the issue is whether the City-owned property in question will be parking or landscaped. He stated that Pine Cone Trail is a very tight street for parking. He related that for safety reasons, he feels it needs to be kept parking. He stated that when the Commission voted on this issue on the September 16th Consent Agenda the City Commission did not have all the facts in that they were led to believe all the people on the street were in favor of this landscaping. Commissioner Boyle stated that as such, he did not have any difficulty with its approval. He stated that the Timbers Edge HOA has taken a non-stand on the issue. He stated he does not want to set a precedent where individual homeowners approach the City and negotiate, without first going through their HOA. He stated that any time the City considers a change where there will be an impact, everyone involved must endorse that change or have very compelling evidence as to why the change should be made. Commissioner Boyle stated the street is a good looking street, and safety has to be considered; therefore, he is in support of Option B and terminating the lease. Ms. Torbett stated she did go through the board and stressed the need for beautification. Commissioner Kelley stated he did not understand the implications when he first received the call from Ms. Torbett. He stated that half the right-of-way can be landscaped now without the lease agreement, and if that half is landscaped, it cannot be used for parking. He concluded having only half landscaped or for parking is not good for anyone; therefore, he would like to see it go back to the original plan which was strictly residential and not a parking spot. He related this area was changed to accommodate one person for parking a motor home. Commissioner Boyle repeated that the information given on September 16th was erroneous in that the Commission didn’t have input from the citizens and the HOA had not considered it; therefore, even though he approves of landscaping, he is convinced that the parking is serving a useful and safety conscious purpose. Commissioner Persis agreed with Commissioner Kelley in that utilizing half of the property will not make anyone happy, and he is moved by the drive for beautification.
Item #8(C) - Uniform Municipal Election Dates and Municipal Canvassing Board Mr. Disselkoen stated Deanie Lowe, Supervisor of Elections, is having a meeting Friday, November 7th, and staff would like direction from the City Commission to take to that meeting. Commissioner Boyle supported the first Tuesday in November for the general election, working back from that date to have the primary election in October, with the qualifying in September, and the run-off, in the unlikely event of the necessity, in December, which is a more traditional time to vote. He stated these dates would eliminate the need for voting the day after Labor Day and the long protracted time between the qualifying and the general election. He stated with the long campaign, too much money is contributed and spent, and the citizens are overburdened with the election process. Commissioner Boyle opposed a municipal canvassing board from all the cities. He stated that currently the opinion of the Attorney General is that the Charter specifies who the City’s canvassing board should be; therefore, a municipal canvassing board could not be utilized. He stated that even if a bill is introduced in the legislature next Spring, that bill would not necessarily be passed for Volusia County. Mayor Hood agreed most people do not approve of campaigning for two (2) to three (3) months; therefore, he agreed with the dates Commissioner Boyle recommended. Mayor Hood stated he has no problem with consolidated elections, but they should be held in a compressed time frame. He agreed with Commissioner Boyle regarding the canvassing board. Commissioner Kelley stated that if the Charter is amended, the Commission can create a municipal canvassing board. Commissioner Boyle stated that for this to be accomplished, the Florida Legislature would have to approve amending the Charter. Mr. Disselkoen explained it would take a local bill to amend the Charter to create this canvassing board. Commissioner Boyle opposed having an appointed person from another city canvass the ballots of the people of Ormond Beach. He stated he believes there is an expectation of the citizens that the City Commission will continue canvassing the ballots. Commissioner Persis agreed with the uniform election dates and stated he felt the voter turnout will improve in the future. He stated there are a lot of reasons for voter apathy, and the uniform election dates is only one of the these reasons. He stated he also favored the shorter campaign time period. Commissioner Persis stated that he was originally in favor of a municipal canvassing board, but after witnessing the last election, he now opposes it. He stated that although the room was crowded with all the cities’ boards in one room, it would have taken a much longer time for one board to canvass all the ballots rather than all the boards working simultaneously. Item #9 - Reports, Suggestions, Requests Fortunato Park Commissioner Boyle reported there is a problem at the pier/dock area of Fortunato Park in that the fishermen have been cleaning their catch over the benches leaving a residue. He indicated birds are roosting under the pavilion roof with their droppings adding to the problem. Commissioner Boyle asked staff to review the uses of this amenity since the fisherman and those out for a stroll are not coexisting very well. He suggested the feasibility of getting a water line out to the dock be considered so it could be hosed down on a daily basis and kept cleaner. North Lindenwood Area Bikepath Commissioner Boyle stated there is a real problem in the North Lindenwood area where the bikepath extends from the end of Domicilio at Ormond Beach Middle School with unruly children on the bikepath and around the homes. He stated that the jurisdiction of the school officials extends only 1,000 feet from the school. Commissioner Boyle stated homeowners are concerned regarding fights, verbal abuse of the citizens, smoking and other unapproved activities of these children. Commissioner Boyle stated children are also cutting through a buffer area to avoid the bullies on the bikepath, but this buffer area is snake infested which is also a liability concern. He stated that Officer Rumery has been very helpful with patrols and answering citizen calls and has made contact with the SRO at the school. Commissioner Boyle stated police officers cannot be stationed at this post on a daily basis. He stated the bikepath is being mowed and maintained by the homeowners. Commissioner Boyle asked for some sort of creative solution to this problem. Mayor Hood asked that both Commissioner Boyle’s concerns be placed on the next agenda with staff recommendations. Grants Commissioner Kelley expressed his appreciation to staff for the grant request that was submitted for stormwater in which over $500,000 was received enabling the project to move along. He also thanked staff for the grant application to connect Rockefeller Park with Fortunato Park in which $150,000 was received. New Smyrna Beach Tornado Commissioner Persis stated Ormond Beach was fortunate it was spared the devastating effects of the tornado that touched down in the New Smyrna Beach area damaging 293 homes with approximately $14,000,000 damage. He asked if Ormond Beach has given assistance to New Smyrna Beach. Mr. Ted MacLeod, Public Works Director, stated Ormond Beach staff has been in close contact with the New Smyrna Beach staff and offered assistance, but they have not requested anything specific. He stated Volusia County has provided a great deal of assistance. Historic Tree on Dr. Yoon’s Property Commissioner Persis stated each Commissioner received a copy of a letter from Dr. Yoon requesting a rehearing regarding the tree on his property that was on the last City Commission agenda. He stated he received a call from Dr. Yoon relating he felt he had made a mistake by not speaking for himself at the hearing. Commissioner Persis asked if it was legal to have Dr. Yoon come to the November 18th meeting and revisit this issue. Mr. Disselkoen explained there are two (2) ways to revisit the issue: one is that if all of the Commission members agree it is an emergency that Dr. Yoon needs a final decision, a rehearing can be scheduled; if all do not agree to rehear, the rehearing can be placed on the November 18th agenda with the understanding that if the rehearing is approved by all, the rehearing itself could begin immediately. He added that it was possible at that meeting that the City Commission would not approve the rehearing. Mayor Hood asked if all were in favor of a rehearing. Commissioner Boyle stated he does not oppose considering a rehearing on November 18th, and if approved, it could be placed on the following meeting agenda. Commissioner Boyle stated Dr. Yoon was also silent while his attorney misrepresented the tree as to its species and its health. Mayor Hood requested the rehearing be placed on the November 18th agenda and if approved, that the rehearing be held at that time. Commissioner Boyle objected to the rehearing being heard the same night because there is a normal procedure that is followed in scheduling, and he would like to adhere to that schedule so there is no appearance of giving special consideration. Mr. Disselkoen advised a majority can agree to rehear the item the same night. Commissioner Kelley stated this would not set a precedent. Commissioner Persis stated that although he doesn’t know what Dr. Yoon could say that would change his opinion, he is willing to rehear the issue November 18th. Mayor Hood stated he will be the third vote to place it on the November 18th agenda, and if they decide to rehear the issue, it will be heard at that meeting. Skateboard Park Commissioner Persis stated the Commission had agreed to hear the skateboard park issue at the next meeting, but he was informed that the information the Commission asked for has been very difficult to get before the next meeting; therefore, he asked for a delay. Mayor Hood agreed to move the hearing to December 16th, and asked that all the users be made aware that this is the reason for the delay. Mr. Eugene Miller, City Manager, stated there is a scheduled meeting to allow user input that was announced in all of the Ormond Beach schools for this Saturday. Police Chief Selection Mr. Miller announced he has selected Andrew Scott, Assistant Chief of Police for North Miami Beach, as the new Police Chief, and he will be starting January 5, 1998. Mr. Miller stated Ormond Beach was fortunate to be able to attract the top field of candidates and have the top candidate accept. He complimented top management staff, who played an important role in the interview process and reception. Mr. Miller stated Mr. Scott has over twenty (20) years experience starting as a patrolman and coming up through the ranks to the investigative division, and in 1995, he was made Assistant Chief. He stated Mr. Scott is involved in accreditation of police departments throughout the State of Florida as an assessor, and he has had glowing recommendations from everyone. Item #10 - Close The Meeting The meeting was adjourned at 7:58 PM. |
|
|
