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JUNE 16, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend William Young, Ormond Beach First Christian Church. 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 June 2, 1998, Regular 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 Gillooly, to approve the minutes as submitted.
Item #5 - Open Burning and the Use Of Fireworks Mayor Hood read a proclamation indicating the Governor of the State of Florida has declared a state of emergency due to the forest and brush fires, and as a result the Governor has banned all burning authorizations statewide. He stated that the National Weather Service leaves Florida with a very high burn potential, and the Ormond Beach Fire Chief recommends no open burning, campfires, bonfires, trash burning, fireworks, or sparklers because of the high risk conditions. The proclamation asks that all citizens abide by the requests of the Fire Chief of Ormond Beach. Item #6- Audience Remarks Commendations Mr. Frank Henry, 193 Bosarvey Drive, commended the Mayor and City Commission for their diverse ideas and pointed out that even though a project may have opposition, it may become a great asset to the community as did Memorial Hospital and the high-rise bridge spanning the Halifax River. Mr. Henry commended Mr. Jerry Upson for being not only a fine developer, but for working with youth by storing recreation uniforms and equipment on his property and for coaching. Mr. Henry expressed appreciation to Mayor Hood and the City Commission for honoring Mayor Cassen, and he thanked Commissioner Persis for his assistance and quick action on issues regarding Zone 4. He thanked Eugene Miller, City Manager, for his quick action regarding the Oakridge Cemetery and commended Mayor Hood for coaching flag football. 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 Items No. 7(E) and 7 (G) be discussed separately. Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda minus Items 7(E) and 7(G). Mayor Hood abstained from voting on Item 7(H) due to his representation of Mr. and Mrs. Searle.
Item #7(E) - City Hall Doors and Windows Replacement RESOLUTION NO. 98 - 101
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-101, as read by title only. Commissioner Boyle asked why the contract time needed to be changed from 50 to 125 days, and Mr. Todd Herget, Chief Building Official, explained the manufacturer back ordered the doors causing the delay.
Item #7(G) - Establishment and Operation of Community Residential Homes RESOLUTION NO. 98 - 103
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-103, as read by title only. Commissioner Boyle requested that the letter the City Commission received from the residents abutting 300 Sanchez Avenue also be transmitted to the Florida legislature. Mayor Hood, hearing no opposition, asked the memo be attached to the Resolution for transmittal. Mr. Edward Shumaker, 636 Andrews Street requested that support of House Bill 3206 be included in the resolution. He expressed concern that the present resolution language is not strong enough. Mr. Shumaker stated these homes are accepted with no license required by the State, and the City has no voice in their regulation. He explained after this residence is established, it can then be turned into a drug rehabilitation facility, a home for the mentally handicapped, or a home for felons. Mr. Shumaker stated that although this residence has not yet been zoning inspected, people are living on the premises at 300 Sanchez Avenue. He reported Housing and Rehabilitative Services (HRS) indicated the neighborhood residents would need to be the "watchdog" to determine if more than three (3) people live in the home. He pointed out that a $150,000 home for the mentally retarded has been established at 71 Rosewood, and the home has no grass, cars parked all over, and driveways were added to the home. Mayor Hood explained that although the City Commission agrees with Mr. Shumaker, the State has total legal jurisdiction, and unless legislation is changed, the City has no power to regulate these homes. Mr. Randal Hayes, City Attorney, concurred with respect to Community Residential Homes, which are regulated by HRS, but he stated there are different types of group homes, such as Assisted Living Facilities, which are regulated by the Agency for Health Care Administration. He stated Assisted Living Facilities can be regulated by the City, but a determination needs to be made just what kind of facility is being operated. Mayor Hood asked Mr. Herget to meet with Mr. Shumaker to determine the kind of facility that is being operated. He explained that this Resolution asks the legislature to allow local jurisdictions to be permitted to regulate their own neighborhoods. Mr. Shumaker again asked that the City Commission add an endorsement of House Bill 3206 to the resolution. Mayor Hood stated he would need to read the bill before endorsing it; therefore, he recommended placing this item on the next agenda to allow time to study the bill. He again recommended Mr. Shumaker meet with Mr. Herget. Commissioner Boyle stated he would like to find out what ability the City has to request oversight and inspection of the homes located within the City, and if the Commission does not have this power, that it be requested. Commissioner Gillooly moved, seconded by Commissioner Persis, to table this item and place it on the next agenda.
Item #7(F) - Local Hazard Mitigation Strategy/Emergency Response Plan Commissioner Persis clarified that when the Commission approved Item 7(F), they were approving Option #1. Item #8(A) - Shurgard Self Storage Facility Mr. Mark Dowst, Project Engineer, Mark Dowst and Associates, representing Liberty Investment Properties, commented on the high quality projects constructed by this developer. He stated the site is bounded on the east by Thompson Creek, an existing single-family structure on the west, by the Bomar Office Complex on the south, and by the Granada Trace Shopping Center on the north. Mr. Dowst pointed out this project is low impact and has a $4 million value. He explained that the eastern portion of the project abuts a wetland which will be enhanced. He stated the site is approximately 6½ acres and is set back approximately 120 feet from Tomoka Avenue, and a small office building (17,000 square feet) fronts 70 feet on Granada Boulevard. Mr. Dowst explained there are two (2) access points, one on Granada Boulevard and one on Orchard Street. He stated that four (4), one (1) story self-storage buildings and a two (2) story self-enclosed storage area offering dehumidified storage are proposed. Mr. Dowst stated there are four (4) historic trees that they are requesting to be removed, all of which are deemed to be diseased by Bill Butler, Landscape Architect. He noted two (2) of these trees are located within improvements, and two (2) others are located outside the improvements but were suggested to be removed by Mr. Butler due to their condition and the desire to preserve the remaining healthy specimens on site. He stated the Planning Board and Development Review Board have approved this project. Mr. Dowst explained that Shurgard’s corporate identity is a lighthouse, and he displayed a drawing of the lighthouse and office building which would face Granada Boulevard. He reported that Surguard’s standard identity is a 35-foot lighthouse with metal roof and treatments, but it was recommended that they use a barrel tile roof and scale the lighthouse down in Ormond Beach. Mayor Hood indicated he would not favor the 35-foot lighthouse, but suggested a 20-foot lighthouse would better conform with the architecture along Granada Boulevard. Commissioner Gillooly asked for confirmation that, because of the narrowness of Orchard Street, trucks will not be rented, and Mr. Dowst agreed. He commended Mr. Dowst for trying to save so many trees. Commissioner Gillooly stated the 35-foot lighthouse does not conform to the Streetscape design, and he would, therefore, not be able to approve the lighthouse. Commissioner Boyle recognized the lighthouse is a part of the corporate identity, and Ormond Beach has a history of trying to accommodate corporate identities, but he agreed a 35-foot lighthouse would be excessive. He stated he would approve a 20- to 25-foot lighthouse. Mr. Dowst offered to reduce the lighthouse to 25 feet, with the setback from Granada Boulevard increased from 15 to 30 feet in an effort to temper the impact of the lighthouse. He stated the lighthouse is actually a working office on the ground floor with a 70-watt bulb in the top of the lighthouse that dims every 15 seconds. Commissioner Boyle asked if any assurances can be given that this project will not expand with permission being requested to build another wing in the green space. Mr. Dowst replied there has been discussion with Bomar to incorporate that warehouse facility in the future, but he does not anticipate building additional units. Commissioner Boyle expressed concern regarding the traffic entry point off Orchard Street and Mr. Dowst replied 15 feet of right-of-way was dedicated to build a bike path. Commissioner Boyle commended Mr. Dowst and the developer for saving the green space and trees and noted this is proof that Ormond Beach’s permitting standards do not inhibit good development. Commissioner Persis stated that given the configuration of the site, this use is first class, and he commended Mr. Dowst for the time taken on this project and for working with the City with a willingness to make the necessary accommodations. Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION NO. 98 - 105
Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-105, as read by title only, subject to the following conditions: the setback will be 30 feet from Granada Boulevard; the lighthouse is to be reduced to 25 feet, no rental of trucks will be permitted; and a sidewalk/bikepath along Orchard Lane will be provided.
Item #8(B) - Unit X-A of Ormond Lakes Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 15
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-15, on second reading, as read by title only.
Item #8(C) - Unit XI of Ormond Lakes Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 16
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-16, on second reading, as read by title only.
Item #8(D) - Adding Hillside Cemetery to List of Historic Landmarks Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 17
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-17, on second reading, as read by title only.
Item #8(E) - Building and Construction Regulations Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 98 - 18
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-18, on second reading, as read by title only.
Item #8(F) - Membership of the Claims and Program Committees Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 98 - 19
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-19, on second reading, as read by title only.
Item #8(G) - Limited Agricultural Activities in the Suburban Residential Zoning District Mr. Kevin Denny, Acting Planning Director, stated this is an administrative request to amend the zoning district to Suburban Residential west of I-95 and north of Granada Boulevard to allow limited agricultural activities for over five (5) acres, and allowing several years to accomplish this. He stated the 1989 West Ormond Land Use Plan had anticipated this area would be developed to a subdivision with from ¼ acre to one (1) acre lots; however, these are lots of ten (10) acres and larger. He stated a concern was voiced that tax exemptions would be given, but he assured exemptions are only given for bona fide commercial uses. Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(G). The motion carried unanimously. ORDINANCE NO. 98 - 20
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-20, on first reading, as read by title only.
Item #8(H) - Reducing Setback, Greenbelt Landscape and Buffer Requirements Mr. Kevin Denny, Acting Planning Director, explained this is an administrative request to amend setbacks relating to parcels along US#1 and Dodson’s Creek. He stated that in 1992 and 1995, the City Commission attempted to provide regulatory relief to these parcels, but staff did not make the changes correctly due to administrative oversights. Mr. Denny reported that in 1990, the wetlands setbacks ranged from 50 to 100 feet for these parcels. He stated Mr. Carl Velie requested a reduction in the setbacks and was given an exemption of 25 feet; however, when the Land Development Code was written, criteria existed stating this exemption could not be granted if next to an endangered species habitat, and Dodson’s Creek has that designation, causing a de facto rejection of the Comprehensive Plan. Mr. Denny stated that in 1995 these parcels were rezoned from B-5 to B-8 to be consistent with the Future Land Use Map, and the landowners were concerned this would not allow economical use of their properties. He explained the City Commission granted a 20-foot setback for these parcels; however, staff neglected to investigate the greenbelt standards which require a 40-foot setback. Mr. Denny stated this is an administrative request to correct these items and allow what the applicant thought he was originally allowed. Mayor Hood clarified that prior City Commissions have approved this, but it was never accomplished administratively. Mr. Denny concurred. Commissioner Persis questioned if this was now being done correctly and if the property owners are aware of the rules and all are in agreement, to which Mr. Denny assured him it is now correct, and staff has worked with the property owners to accomplish this goal. Commissioner Gillooly asked why there was no second to the motion at the Planning Board level. Mr. Denny replied the Planning Board was concerned regarding the endangered species language, but staff is of the opinion that the required Wetlands Management Plan will mitigate any impact. Commissioner Gillooly asked if staff will monitor this mitigation, and Mr. Denny answered affirmatively. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(H). The motion carried unanimously. ORDINANCE NO. 98 - 21
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-21, on first reading, as read by title only. Commissioner Boyle indicated this is a very important administrative glitch in that the two (2) sections of the Land Development Code have not been amended. He stated that the two (2) properties abutting Mr. Velie’s property are not conforming and have the relieve Mr. Velie is seeking, but they were adopted prior to this Comprehensive Plan. Commissioner Boyle stated the setbacks could be granted if not for the habitat for endangered species, and he disagreed with staff that setbacks can be reduced without impacts. He stated while he has tremendous sympathy for Mr. Velie, the Land Development Code should not be changed to accommodate one (1) or two (2) properties, since Mr. Vigliotti has also communicated his property is in the same situation as Mr. Velie’s. He pointed out the Planning Board could not recommend these amendments and stated he would not favor these two (2) amendments just to accommodate this property. Commissioner Irvin expressed concern regarding wetlands and the livelihood of endangered species; yet when she visited the site she noted the properties on each side of Mr. Velie’s property are developed. She stated if Mr. Velie is unable to build on his land, he may let it become overgrown, which concerns her since US #1 is a gateway to Ormond Beach. Commissioner Irvin urged some consideration be given due to the fact that the conflicts were due to administration error. Commissioner Persis stated this land has a confusing history, but he expressed his opinion that this is an isolated case. Mr. Denny clarified these changes affect nine (9) parcels, not just one owner.
Item #8(I) - Commercial Uses in the Suburban Residential Zoning District Mr. Kevin Denny explained that in Article VI of the Land Development Code, an office is allowed in the Suburban Residential Zoning District by Conditional Use but should be allowed only as a part of a Planned Residential Development; therefore, the standards are being made more restrictive. Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(I). The motion carried unanimously. ORDINANCE NO. 98 - 22
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-22, on first reading, as read by title only.
Item #9(A) - Deleting Unicom Designation by the Airport Manager ORDINANCE NO. 98 - 23
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-23, on first reading, as read by title only.
Item #9(B) - Granting Tax Exemption ORDINANCE NO. 98 - 24
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-24, on first reading, as read by title only.
Item #10(A) - Construction of New Police Facility RESOLUTION NO. 98 - 106
Commissioner Boyle moved for approval of Resolution No. 98-106, Option 1C. The motion died for lack of a second. Commissioner Gillooly moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-106, Option 1D. Commissioner Gillooly explained Option 1D adds a second story to the police station, which he contended would be advisable since the added cost would only be approximately $170,000 and would give the capability for expansion for the Police Department, for rental property to obtain income for the City, and to bring pedestrians downtown. Commissioner Irvin added that as the Police Department grows, office space would already exist. Commissioner Persis questioned that the proposal was for the police station to be built on the existing site with a second floor which can be rented to tenants. He suggested it would be better to first determine if this is feasible. Mr. Ted MacLeod, Public Works Director, clarified that Option 1D indicates the Police Department would occupy both floors; whereby, Commissioner Gillooly stated he was under the impression the Police Department would only occupy the first floor. He stated two (2) Commissioners had advanced the idea of mixed use, and he asked why two (2) floors are needed for the police station if it could be accommodated with one (1) floor. Mr. MacLeod replied that the concepts in this report showed a smaller footprint for a two (2) story building making the usable square footage the same for both. Commissioner Gillooly repeated it was his opinion that the second story would be vacant until it was needed for expansion, and there was a possibility it could be rented for such uses as State or County offices to earn income for the City and increase the foot traffic downtown. Commissioner Persis asked for clarification on the motion. Mayor Hood stated the motion is for a two-story police station to be built on the existing site with both floors being utilized by the Police Department. He added that whenever two (2) floors are constructed, it is expensive per square foot, and if you are going to use it for the same purpose, no developer would build anything on a second floor; therefore, he contended Option 1D does not make any sense. Commissioner Gillooly concurred with Mayor Hood and withdrew his motion. Commissioner Boyle again moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-106, Option 1C, as read by title only. Commissioner Persis asked if Police Chief Larry Mathieson endorses Option 1C, and Mr. Miller replied Chief Mathieson does endorse Option 1C. Commissioner Boyle stated the report was very difficult to read and asked that the options be incorporated in the City Manager Memorandum in the future. Mayor Hood stated it is shortsighted to develop prime commercial property for public purposes. He stated building a police facility at this location will keep the land off the tax roll as opposed to a long term vision for redevelopment of downtown. He contended there is a more cost effective way of creating square footage for the police station in the Public Works area, and the City is decentralizing with community policing while more square footage is being built for the centralized police station. Commissioner Persis stated that since the fire station is being relocated, it is a good time to relocate the police station, use the present site for a better purpose, putting the property on the tax rolls and bringing more people to the downtown area. Commissioner Boyle stated the prediction that a large footprint commercial enterprise on this site would help the downtown is marginal at best; there would be negative traffic impacts; and there is a risk that, in the future, the operation would fail and be left vacant. He supported the police station being kept where it is currently located and where a large majority of the public wants it to stay.
Item #10(B) - Request to Remove Six Historic Trees RESOLUTION NO. 98 - 107
Commissioner Persis moved, seconded by Mayor Hood, for approval of Resolution No. 98-107, as read by title only. Mayor Hood passed the gavel to Commissioner Irvin to second the motion. Mr. Jim Morris, the attorney representing the property owners and proposed developers of the Office Depot site, stated extensive work has been done with staff to try to determine a way to save as many historic and specimen trees as possible. Mr. Morris related that the report by Bill Butler, Landscape Architect, indicates the six (6) trees requested to be removed are either diseased or in a state of decline. He indicated Ormond Beach’s standards are that the building footprint should be to minimize the chance of removing a historic tree; stormwater should be designed to place retention areas in such a way that trees will not be damaged; the site should be designed to maximize tree preservation; and no specimen tree in a parking or driving area shall be removed unless it is physically impossible to locate the facilities elsewhere. Mr. Morris stated constructing a retaining wall, which the Planning and Engineering staff and Landscape Architect have approved, will aid in preserving trees on the western corner of the property. He stated tree wells will be built around the specimen trees to maintain natural grade along with a root feeder and aeration system to insure moisture penetrates to the root system. Mr. Morris pointed out the Granada Chiropractic Center partially blocks the view of this building and the Office Depot site plan was designed as such to avoid the specimen trees that are being preserved on site. He stated that the Land Development Code has a requirement that if trees are removed, there must be mitigation, and this plan meets all of these requirements as well as the Greenbelt requirements. He related the building will set back over 100 feet from Granada Boulevard, leaving a large expanse of open area where plantings and landscaping will soften the view. Mr. Morris indicated there are issues that play a role in site location such as an effort to minimize impact on the 100-year floodplain. He stated Orchard Street, a collector road, only has 20 feet of dedicated right-of-way, and if the City would implement its Comprehensive Plan it would have to acquire 40 feet of right-of-way. He advised Office Depot will dedicate 20 feet of right-of-way along Orchard Street and construct a turn lane that is continuous to the Granada Boulevard/Orchard Street intersection which will help alleviate congestion. Mr. Morris stated that all stormwater retention requirements are met on site; however, because of the right-of-way dedication and the shift of the building, there will be more impact on the 100-year floodplain. He advised that in order to meet requirements, Office Depot has contracted to purchase approximately two (2) acres of land from the YMCA near the corner of Orchard Street and Sterthaus Drive. He stated a wet pond with a depth of 8 feet will be dug at that site, no historic or specimen trees will be removed, no wetlands will be impacted, wildlife will be accommodated, and it is being purchased from the YMCA at a cost of $55,000 which will be a benefit to the community. Commissioner Persis stated this is the another example of a first-class project where the developers and property owners are working to make any accommodation needed to comply with the regulations of the City. He indicated this type of use is needed in Ormond Beach and a good use of this land. Commissioner Persis stated he regretted loosing the historic trees, but he stated he trusts Mr. Butler’s recommendations. Mayor Hood explained that if the trees had been healthy, he may have opposed this project, but under the circumstances and the fact that the property would probably be undevelopable without concessions, he favors the project. Commissioner Boyle disclosed that he had a very productive meeting with Mr. Morris, Shannon Rachal, and Zev Cohen on Friday, and he stated that clearly this applicant has sincerely attempted to meet or exceed the letter and spirit of the Land Development Code and the high standards Ormond Beach exacts. He stated a variance for this property was given by the Board of Adjustments and Appeals at its June 3, 1998, meeting. He explained the Ormond Beach Code prohibits more than 45% fill in the floodplain, yet this project will fill 72% on the site, and with the addition of the off-site compensation parcel, the rate would be reduced to 43%. Mr. Morris replied total fill in the floodplain on a site is to be a maximum of 45% if the entire site is in the floodplain, which this is not. Commissioner Boyle noted that had the site been contiguous it would not have to go to the Board of Adjustments and Appeals. Mr. Morris explained that the pond’s purpose is to create storage consistent with the 100-year floodplain. Commissioner Boyle stated he accepted the premise that there is the same net floodplain storage, but the Land Development Code does not specify this contingency. Mr. Morris stated variance boards are specifically designed because not everything is designated in ordinances, and the Board did approve this project with a 5:0 vote. Commissioner Boyle stated off-site compensation is unprecedented in Ormond Beach, and he advocated a Land Development Code Amendment be put in place to set policy on these issues, rather than going to the Board of Adjustments and Appeals. He directed staff to start the procedure for a Land Development Code Amendment as soon as possible because if this passes, he foresees other developers wanting to mitigate off site as well. Commissioner Boyle stated that for this reason he is not ready to vote for this tonight and urged the Commission to consider the precedent it is setting on development. Mr. Morris stated that an important point of law must be recognized that variances are independent and determined on a case-by-case basis; therefore, one variance does not set a precedent. Commissioner Irvin stated she believes the developer is doing all he can to comply with Ormond Beach’s codes, but she considered office supply stores the last thing Ormond Beach needs. She stated, however, if jobs and revenue are being offered to Ormond Beach residents, she welcomes the store.
Mayor Hood called a break at 8:47 p.m. and reconvened the meeting at 8:53 p.m. Item #11(A) - Three Chimneys Property Mr. Ceylon Barclay, 1239 Ocean Shore Drive, Ormond-by-the-Sea, and member of the Ormond Beach Historical Trust, stated the Three Chimneys property, located off Granada Boulevard between the Moose Lodge and Legendary Golf, is the oldest sugar mill ruins in America. He stated he and his son are trying to stabilize the ruins to prevent further deterioration pending renewed interest and a successful grant request. Mr. Barclay stated that from a historical point of view, these ruins are of invaluable significance because they are directly tied to the birth of our country. He gave a historical background of the Three Chimneys property which was a part of the Oswald Plantation. Mr. Barclay explained Mr. Ted Payne, an archaeologist living in St. Augustine, has completed a study establishing the ruins to be dated to 1765. He stated last year a grant proposal was submitted to Conservation and Recreational Lands (CARL) for evaluation and funding to purchase the site for $575,000, and failed to qualify for funding by one (1) vote. Mr. Barclay has spoken to a number of officials in Tallahassee who have offered their support for the project. He stated the owner was cited this spring for code violations; whereby, he allowed the Ormond Beach Historical Trust a 90-day license permitting them to enter the site to protect the ruins. Mr. Barclay stated damage has been done by time and lack of attention, and now only two (2) chimneys remain, and the third is buried under Legendary Golf’s parking lot. He stated one of the chimneys fell over last year, but the standing chimney was erected in 1914 by William Fagan, the half-brother of John Anderson. He explained there were trees growing out of the fire boxes as well as mounds of vines, but these have been cleared with the boiling portions excavated. He invited the City Commission to view the site Thursday, June 19, 1998, from 8:00 a.m. to 10:00 a.m., to see what he felt could be the centerpiece in Ormond Beach’s historical loop. Mr. Barclay stated the Ormond Beach Historical Trust requests the City to renew its interest in the Three Chimneys, have the property appraised, resurrect negotiations with the owner, reactivate the grant request, and spearhead a drive to raise private money while the Trust speaks to civic groups and combs the private sector for funds to assist in the purchase of this land. Commissioner Persis moved, seconded by Commissioner Gillooly, to resubmit the grant application and authorize a drive to raise private funding to assist in the purchase of the Three Chimneys property. Commissioner Boyle moved to amend, seconded by Commissioner Persis, to also make inquiries of the Trust For Public Land. Commissioner Gillooly asked if The Department of the Interior has funding available, and Mr. Barclay stated he is not aware of all the possible sources, but he and Mr. Sweeney, Grants Coordinator, will work together to seek grant sources.
Item #11(B) - Traffic and Parking Study in the Downtown Granada Boulevard Area Mr. James Powers, 3 Santa Lucia offered a proposal which he stated would double the parking on Granada Boulevard from Ridgewood Avenue to US #1. He asked the Commission to permit staff to design this study and provide an opinion regarding the study and cost to the Commission at the next meeting. Mr. Powers suggested staff dialogue with the Department of Transportation (DOT) and Volusia Orlando Transit Authority (VOTRAN) and then design a three (3) month field study using temporary restriping. He offered to assist and garner other citizen assistance if action is taken on this matter. Mr. Powers indicated that by the use of the 100 parking spaces on Granada Boulevard, the City would save at least $400,000 which is the cost of an acre of land needed for off-street parking and the loss of revenue from taking the land off the tax rolls. He advocated creating 9’ foot wide parking lane buffers for safer parking, sidewalks and storefronts; an 11’ wide driving lane straightened for calmer, safer traffic flow, striping of both sides of the lanes to keep the cars from weaving; consideration of lowering the speed limit to 30 miles per hour during the study; moving the bus stops to Washington Street and Ridgewood Avenue; lengthening parking buffers; and adding two pedestrian crossings at Collins Realty and at the Post Office. Commissioner Boyle stated there is merit in this proposal in low cost traffic and parking adjustments, and there is no conflict with the Streetscape consideration because that project would start at the Atlantic Ocean and work westward. Commissioner Boyle moved, seconded by Commissioner Gillooly, to request staff contact FDOT and VOTRAN to determine if the study is feasible, to determine the estimated costs, and to offer staff recommendations. Mr. Miller advised that it would be virtually impossible to be able to fulfill this request by the next City Commission meeting. Commissioner Boyle amended the motion, seconded by Commissioner Gillooly, to request staff bring back this information to the first August meeting.
Item #11(C) - Draft Streetscape Mayor Hood reported this item is incomplete; therefore, it will be postponed to a future meeting. Item #11(D) Recreational Vehicle Regulations Mayor Hood stated citizens had asked for an abatement of the Code Enforcement actions, which has been done; and the recreational vehicle violations have been placed on the Planning Board agenda for July 9th and the City Commission agenda for August 11th. Item #11(E) -Skateboard Park Commissioner Persis stated at one time the Commission considered a 13,200 square foot park at Nova Recreation Center at a cost of $283,000 and approved an 11,500 square foot park at $125,000 with the extra costs totaling $175,000 at Skateland. He stated in all its discussions, the City Commission has been consistent in its desire to offer a first class, safe, and challenging skateboard park. He explained research has indicated the park should be between 10,000 and 15,000 square feet in order to create the synergy necessary to create the type of park needed in Ormond Beach so the users will not get bored with it quickly, but not the type which would be for the use of advanced skaters only. Mr. Miller stated that many cities are building parks that are free due to the fact that there has been less concern over the years regarding the liability aspect. Mr. Alan Burton, Leisure Services Director, stated he favors a court system being part of the park system, not merely a special facility that is separate. Commissioner Persis stated the people involved with the Magic Forest had legitimate concerns, but these were addressed in the master plan. Mr. Miller explained the people involved with the Magic Forest wanted the pavilion repaired, wanted traffic stopped so it wouldn’t flow from the gymnasium to the skateboard facility from the Main Trail entrance past the front entrance to the Magic Forest, and were concerned regarding access from Main Trail. He stated repair of the pavilion can be accomplished with the current operating funds, and a sidewalk can be built from Main Trail to the west entrance to the gymnasium and the skateboard area. He stated that slated for next year and funded through the Capital Improvement Program (CIP) is the completion of the design for the master plan which would address the engineering to make the primary entrance to the Nova Complex the old landfill entrance, connecting to the parking at the north side of the gymnasium. He stated the first stage of the master plan redevelopment would be to take care of the drainage which is the inhibiting factor for the north entrance. Commissioner Persis stated he favors a free park which would be built at Nova Recreation, between 10,000 and 13,000 square feet, at a cost range from $175,000 to $180,000 depending on the size of the site. Mayor Hood stated that the legal predicate is to first rescind the prior action, which Mr. Randall Hayes, City Attorney, advised should be moved by a Commissioner who voted in favor of the action. Commissioner Gillooly moved, seconded by Commissioner Irvin, to rescind the prior action of the City Commission regarding a skateboard park.
Commissioner Persis moved to build a skate park at the Nova Recreation Center, that the park charge no fee, be between 10,000 and 13,000 square feet, and that the cost be under $180,000. The motion died for lack of a second. Commissioner Gillooly stated he has been very vocal in his opposition to the Nova Recreation Center as the site for the park and has talked to many constituents who also opposed the Nova site, but he does sense opposition is softening. He stated that if the park were scaled back, it may be more palatable to his constituents, such as recommended in Option 4, which would be designed for the beginner to low level intermediate skill level, and a community park type facility, unfenced and unsupervised at Nova Recreation Center with an estimated cost of $71,000 plus $3,000 for contingencies. Commissioner Gillooly stated another concern in building the park at Nova Recreation Center is that it would restrict usage to other skaters in the City; therefore, he recommended the park be built at the Nova Recreation Center, but a demographic feasibility study also be done for the center of the City to consider duplicating the park at Central Park or somewhere else in the vicinity. Commissioner Gillooly moved, seconded by Commissioner Irvin, to build the Option 4 park, perform a demographic feasibility study for the center of the City and then consider duplicating the park at Central Park or somewhere else in the vicinity. Commissioner Irvin concurred with Commissioner Gillooly’s recommendation, but she stated she visualized a continuous concrete trail as opposed to a square or rectangle, that would run throughout the park with several bowls not to exceed 4 feet deep and several elements not to exceed 4 feet in height making it more of a Tampa style park. Mayor Hood stated that the cost would double to triple with the Tampa style park. Mr. Burton concurred and stated a sidewalk is planned connecting the Trails to the site where skaters could skate in route. Commissioner Boyle stated that when the City Commission left the budget meeting prior to the City Commission meeting, he understood there was a consensus that there would be a $125,000 spending cap with the budget document indicating $100,000. Commissioner Gillooly stated the reason he suggested the lower cost of $70,000 was to provide the opportunity to look for another site for a second skateboard park in another part of town. Commissioner Boyle stated the original problem was to stop the youth from skating in unsafe places. He stated he believes the Commission has reached a consensus for a free, unsupervised park, and while he would defer to Commissioner Gillooly that some of the opposition to the Nova Recreation Center site is softening, he considers the site to be crowded. He stated he feels the City is being held hostage to make improvements at the Nova Recreation Complex to accommodate the park. Commissioner Boyle indicated there is a perception in the City that all the recreational uses go to the Nova site, and since the City owns the land, this seems to be the ideal place. He stated he had anticipated staff offering options for other vacant City properties such as the property south of Rivergate or a partnership with the YMCA which he is not certain is a viable possibility. Commissioner Boyle stated that if Central Park is not viable for a current park, he recommends considering this for a future phase in the Tampa style park that Commissioner Irvin favors. He stated of the five (5) options offered, he finds Option 4 the least offensive. Mayor Hood stated the Commission seems to have reached a consensus on all but the cost and suggested a compromise of $125,000 since that is the cost originally agreed upon. Commissioner Gillooly asked if this would leave any funding for a future park. Mayor Hood stated that since it took this much time to agree on one park, he doubts a second will be started in the near future. Mr. Miller expressed concern that when the options listed are deviated from, staff does not have guidance as far as a design; whereby, Mayor Hood reminded Mr. Miller that the original plan was to design a $125,000 park so he expected staff should be able to come up with a design. Commissioner Irvin rescinded her second to the motion; thereby, the motion died for a lack of a second. Commissioner Persis made a motion, seconded by Commissioner Irvin, to build a skatepark at the Nova Recreation Center, having no fees, with the park to be unsupervised, and to cost no more than $125,000.
Item #11(F) - Emmons Cottage Mr. Joseph Porta, 134 Seton Trail, representing the Seton Trail Residents’ Association which is currently being formed, expressed appreciation to Commissioner Irvin for arranging a meeting to hear residents’ concerns on very short notice. He stated his opposition to the cottage being in or near the park. Mr. Porta reported that while they were painting the cottage, the entire parking lot was closed off. He indicated that none of the residents were informed the cottage would be placed in the parking lot, then they were told it would only be temporary, and now they have been informed it is permanent. Mr. Porta stated all his neighbors oppose the current placement of the cottage. He stressed parking spaces are needed in this area, and the cottage will be a target for vandals. He strongly urged the Commission to move the cottage. Mr. John Bidwell, 65 Seton Trail, concurred with Mr. Porta’s description of the citizens’ opinions on Seton Train and Halifax Drive regarding the cottage. He stated Ormond Beach is fortunate to have the Art Gallery, and while he agrees that history is important and the Emmons Cottage should be maintained, he does not believe the parking lot is the proper place for the cottage. Mr. Bidwell contended the cottage does not meet City setbacks, is a traffic hazard and a fire hazard, and any fire could destroy the park which is a dune hammock. Ms. Lorraine MacIntosh, 9 Palmetto Drive, stated she is an educator who is involved with the Museum, and the Emmons Cottage is 120 years old and would be an invaluable asset to the education of Ormond Beach’s students in that it is a living artifact. She stated the location uses only two (2) parking spaces, and this is a parking lot, not a through street as some people are using it. Ms. McIntosh stated too much history has already been lost, and she lauded Ms. Roberson for her efforts in saving the cottage. She stated this action should be applauded, not condemned. Ms. Ann Burt, Director, Ormond Memorial Art Museum, expressed appreciation to the City Commission for this public forum and to Commissioner Irvin and Mr. Miller for last week’s forum where concerns were addressed. She distributed pictures on the progress made in one (1) week—the house has had the paint scraped, sanded, painted, and landscaping planted with the help of volunteers. Ms. Burt explained a new roof will be placed on the cottage, and the interior will be renovated. She stated it will be a wonderful environmental learning center for adults and children, and they envision using it for classes, gardening groups, etc. She reported this will be an asset to a walking tour of downtown Ormond Beach and create a cultural corridor starting at the coquina fire station, proceeding to the Art Museum, through the gardens, to the environmental learning center to see how the common people lived in the past, to the Casements to see how the wealthy lived, under the walkway to see the cupola, then to the MacDonald House. Ms. Sang Roberson, agreed that this is a dune hammock area and stated there is no better place for a pioneer cabin to be located to show what Ormond Beach looked like 120 years ago, which makes a perfect match educationally and environmentally. Mr. Robert Dawson, Vice-President of the Ormond Beach Rotary Club, stated the cottage should be preserved, but it should be placed somewhere more in keeping with its heritage. He agreed the parking spaces are needed and the area is used as a through street. Commissioner Boyle indicated this is a classic "NIMBY" (not in my back yard), with strong public opinion on both sides of the issue at this meeting and from letters received. He stated he sits on the Board of the Ormond Beach Historic Trust, and the concept was overwhelmingly agreed upon by that group. Commissioner Boyle stated there is broad based community support for this concept in all zones. He related that when this item was voted on by the City Commission, there was an urgency to save the cottage, and now the cottage is saved and being restored. He urged patience among those who oppose the cottage for aesthetic reasons until the restoration is completed; and if the residents still oppose it at that time, the City Commission can reconsider options. Commissioner Boyle stated the location opens the window of opportunity for grant money to continue to enhance all of the historical amenities in the area. He suggested close inspection to reduce the fire hazard Mr. Bidwell noted. Commissioner Boyle offered that if the community has a better location that would be acceptable, he would consider the move. Commissioner Gillooly stated when this project was approved by the City Commission, it was to be placed on the grounds of the Museum, not the parking lot; but due to difficulties on that original site, it was moved to the parking lot. He asked for clarification as to the problem regarding parking for residents, since their homes have driveways and garages which should be used for parking. Gloria Manitsas, 65 Seton Trail, explained the parking lot is used as a thoroughfare for access to Halifax Drive to be able to utilize the traffic light to make a left turn onto Granada Boulevard, and if this is not open a driver would have to cross three (3) lanes of traffic to make the left turn. Commissioner Persis asked for clarification as to why the cottage was not placed where the City Commission originally approved it to be placed. Mr. Miller explained that when the volunteer surveyor and contracting firm viewed the site, it was determined the footing for the foundation and the fill needed would not blend in and would be expensive. He continued another concern was that the vegetation and current landscaping would be damaged by the move. Mr. Ted MacLeod, Public Works Director, stated the cost was only one concern—the violent intrusion into the garden was a larger concern. Commissioner Irvin reported the residents of Seton Trail are very concerned. She stated restoring the downtown area and preserving the history of Ormond Beach are two (2) of her greatest concerns; however, she envisioned the cottage being placed in the Garden, which, unfortunately, did not work out as planned. Commissioner Irvin reported she has received 30 petitions, three (3) letters, and over 30 telephone calls from the residents of Seton Trail. She urged the Commission to consider the homeowners as well as the heritage of Ormond Beach when they vote. Mayor Hood stated all agree the cottage needs to be restored, but a necessary predicate to his vote for the move was for it to be placed in the Gardens. He stated that it is obtrusive where it is located and recommended it be placed more toward the middle of the parking lot so it will be 30 to 45 feet from Seton Trail, thereby making it less obtrusive and out of the line of sight of the Seton Trail residents. Mr. MacLeod indicated that location may use more parking spaces and does not provide as good a connection into the Gardens. Mayor Hood indicated he finds these less of a concern than the concerns of the residents. Commissioner Persis moved, seconded by Commissioner Boyle, to move the Emmons Cottage to the center of the parking lot as quickly as possible. Mr. Ollie Byrd, 370 John Anderson Drive, suggested planting trees in front of the cottage where it is presently located to block the view, but Mayor Hood stated it is only setback 15 feet which is not adequate space. Ms. Donna Schoder, President of the Board of the Art Museum, reported businesses and private citizens have donated their time, money and effort to restore the cottage and questioned who would absorb the cost of moving the building. Commissioner Persis stated, inherent in his motion, was that the City should pay the cost of moving the building. Mayor Hood stated that everyone regrets the fact that better preplanning was not done and that it is not feasible to place the cottage where it was voted to be placed; whereas, since the cost of the move is unknown, he suggested the cost be developed and then a determination made as to what the Art Museum can do to defray that cost. Commissioner Boyle defended the City paying the cost for moving the structure because the Commission did make the original commitment. Mayor Hood clarified that the motion is with the understanding that the City will pay the cost of the move.
Item #11(G) - Oakridge Cemetery Mayor Hood indicated that Ms. Wade’s request has been complied with. Item #11(H) - Airport Advisory Board Reinstatement Commissioner Boyle stated when Commissioner Irvin brought this issue for the City Commission to consider, it was to reinstate the Airport Advisory Board as it previously existed with its previous composition and qualification of members. He stated that when reviewing the WDL lease, he had not noticed the provision that if an Airport Advisory Board would be formed, a representative of WDL would be guaranteed a seat. Commissioner Boyle stated there is no precedent in Ormond Beach to guarantee a seat on any advisory board to a private company or corporate citizen, and he questioned the legality and practicality of such a provision. He stated he concurs that upon voting to accept the contract, all the provisions had been accepted; however, he recommended staff contact WDL to see if they would agree to delete this provision from the lease agreement. Commissioner Boyle moved, seconded by Commissioner Gillooly, to reinstate the Airport Advisory Board under the previous parameters, contingent upon removing the aforementioned provision regarding a representative of WDL being guaranteed a seat on the Board. Commissioner Boyle stated he rejects the idea of placing a private, fixed base operator (FBO) on the Board as well as staff’s recommendation for stricter qualifications of the Board members since this is a citizen advisory board. He indicated Ormond Beach has approximately 299 pilots, 70 of whom own planes, with 50 in Ormond Beach, and only 12 people per zone who could be on the Board under the recommended qualifications. Commissioner Boyle also stated concern that the WDL representative would be on the Board for life which is also unprecedented. He stated he has talked to operators at the airport who indicated that if WDL will have a permanent membership on the Board, they also want permanent membership. Commissioner Gillooly stated provision 4.214 indicates "which is made up of airport tenants and City staff" as a caveat for WDL to get a seat on the board. He suggested a citizen board of five (5) be established where each City Commissioner and Mayor have one (1) appointment at large. He pointed out that since these are citizens and not airport tenants or City staff, this provision of the contract should not apply. Mayor Hood stated a large amount of time was spent with WDL where their major concern was that they wanted everything in writing because they were very concerned that if it was not in writing, the government would change the rules. Mayor Hood stated there was much discussion regarding this specific provision, indicating they want input because they are bringing an $8 to $10 million project to the airport. He stated he believes this rises to a level where they deserve a right to at least have input. He emphasized that all an advisory board may do is give advice to the City Commission, and the City Commission has the ultimate decision-making power. He stated that the City has made an agreement, and he does not consider it proper to go back to companies after an agreement is made to try to change the agreement. Mayor Hood strongly warned this City Commission is going down the wrong road on economic development. Commissioner Boyle disagreed that concessions have to be made to bring economic development to Ormond Beach. He explained that he understands after the Letter of Intent was signed, WDL came back and asked for a parking lot costing $150,000 and site improvements costing $50,000. Commissioner Boyle stated that no matter the amount of the economic development, when the Commission favors the big businesses, and the same concessions are not given to the small businesses, it is unfair. He explained that when the agreement was made, staff made no presentation, and the meeting was extremely short. Commissioner Boyle stated asking a company to reconsider an issue agreed upon is not precedent setting, and by yielding on this issue they would get positive public relations in the community. Mayor Hood stated WDL intends to start construction this summer and be open for business in July 1999. He explained that with this deal the City of Ormond Beach gains $257,000, and he questioned how this deal can be criticized when money is made and the infrastructure is built at the State’s expense. Mayor Hood clarified that a special City Commission meeting had been held to consider the approval of the lease agreement, with the contract distributed the previous week, allowing enough time to consider the issue. Commissioner Boyle corrected that there were four (4) minutes to discuss the contract at the special meeting. Mayor Hood responded he asked at the meeting if there was any discussion, and he has never refused to recognize anyone who wanted to speak on an issue. He stated this cuts the credibility of the community when high paying jobs are being sought. Commissioner Gillooly explained that he believes this would not have happened if the City Commission had been kept more informed on an on-going basis as the contract evolved. He indicated that what bothers most of the Commission is the fact the contract was handed to them as a "done deal" and no participation was sought in the decision-making process. Commissioner Gillooly again stated, as he explained earlier, WDL does not need to change the contract because the committee is not made up of airport tenants and City staff. Mayor Hood stated the general intent of the this provision was that if there were ever an advisory board established, WDL would have a seat at the table, and he strongly opposed using a legal technicality to abrogate what was clearly the intent. Mr. Miller pointed out that this particular concern was addressed very early in the negotiations by Ted Kramer and Mr. Wüllenkemper representing WDL, and he is very concerned that this may be a deal-breaker. Mayor Hood stated if the City Commission agrees with Commissioner Gillooly’s interpretation, he guarantees WDL will consider this a serious breach of good faith, and it would be a huge mistake. Mr. Adrian Thompson, Ormond Beach Aviation, stated the old Airport Advisory Board worked very well, and he opposes the new qualifications recommended by staff. He stated the Airport Advisory Board was an excellent forum that saved the City Commission endless hours of work. Mr. Thompson stated he has brought 30+ jobs and $4 million in sales last year to Ormond Beach and does not believe anyone with a commercial interest should have a seat on the Board; but if they are available, he will take one. Commissioner Persis indicated he has not had any problem with the WDL deal, and there has been a great deal of information and plenty of time to ask questions. He stated each concern was addressed, and the City Commission was informed along the way. Commissioner Persis reminded the Commission the contract has been signed, and it is time to move on. He stated that the Airport has been functioning well since the Airport Advisory Board has been disbanded in 1996. Commissioner Boyle noted the advisory board is made up of citizens; whereas, the language of the contract places, in perpetuity, a corporate entity on a citizen advisory board, and if this is so important it could be a deal-breaker, he questioned why staff did not come to the City Commission with this issue. He stated there are no hard feelings on the way things were done, but there have been important lessons learned. Commissioner Boyle indicated that in the future, if the City Commission has a special meeting to consider a deal of this magnetite, and the contract is received by the Commission the prior Thursday, he would expect, at the very least, a staff presentation be given to cover the issues in the contract. He concurred the Mayor did ask if there was any question or comments He stated this should not be a deal-breaker, and no advisory board would impose anything on any corporate entity without the advice, consent and approval of this Commission; therefore, he believes WDL is still protected. Commissioner Boyle moved, subject to Commissioner Gillooly’s interpretation, to reinstate a five (5) member citizen advisory board, chosen at large by the members of the Commission without any prequalification. Commissioner Persis asked if it would be possible for a Commissioner to appoint a WDL representative as a citizen; whereby, Commissioner Boyle stated they would have the same rights as anyone else in the City. Mayor Hood stated the problem is that WDL expects they have a right to be on the board, and this motion excludes them of this right. Mr. Miller expressed major concern that this well-intentioned motion will be interpreted incorrectly creating real problems in dealing with WDL. Mayor Hood stressed that hours of time were spent where Mr. Wüllenkemper expressed concern whether the government’s word would be kept because he had these types of problems in Germany, which is one reason it took three (3) years to agree on this contract. He stated Mr. Wüllenkemper does not want to control anything, he just feels if he spends $8 to $10 million on the airport, he should have the ability to give input, and this was agreed upon. He stated that it is the responsibility of the Commission to read, in detail, the information given and to ask any pertinent questions before voting on an issue. Mayor Hood questioned why it is so important to not allow WDL a seat since it is only on an advisory basis. Commissioner Boyle related it is a matter of principle, and that in the past, a corporate entity has never been guaranteed a seat on any citizen advisory board, and he also suggested the legality may be in question. Commissioner Persis moved to table this issue.
Mayor Hood requested this item be placed on the next meeting agenda. Item #11(I) - North Yonge Street Canal Commissioner Boyle stated he appreciated the City’s thorough investigation to this point. He explained one of his concerns regarding this canal was answered by a staff report written in 1996 by Fred S. Disselkoen, Jr., Former City Attorney, indicating the City had a right to maintain this canal, but not the obligation. Commissioner Boyle stated his concern that there has been no maintenance on the canal in the past 39 years. He stated the stormwater drainage system in place would not have been approved under current regulations; and regarding the manatee issue, Commissioner Boyle stated the City may be open to mandates imposed by the State. Mayor Hood noted staff has provided some information, yet they have indicated they need more time for the final report; therefore, he requested all the information be provided before discussing the issue. Ms. Jackie O’Leary, 508 North Yonge Street, reported stormwater runoff goes through open grates directly into the Strickland Tributary and Thompson Creek causing oil slicks on the water from the oils and fluids from vehicles. She stated this has adversely affected the water, and it will be interesting to hear about its effect on the manatees. Mayor Hood asked this be placed on the next agenda for further discussion. Item #11(J) - Scenic and Canopy Road Signs Mayor Hood advised that Ms. Mastropierro’s concerns are being implemented. Item #11(K) - Maintenance Issues at 7 North Nova Road Mayor Hood reported Mr. Holub has agreed to take care of the maintenance issues at 7 North Nova Road. Item #11(L) - Signage on State Road 40 Mayor Hood indicated staff has requested FDOT signage on SR 40. Item #11(M) - Motorized Watercraft at Fortunato Park Mayor Hood reported a sign will be placed at Fortunato Park regarding motorized watercraft, and it will be patrolled. Item #11(N) - Tie Down Fees at Ormond Beach Municipal Airport Commissioner Boyle asked if this issue has been successfully resolved between Mr. Thompson and the City. Mr. Fred Baughman, Economic Development Director, replied a bill was sent to Ormond Aviation last year for 20 spaces, yet only 15 spaces were available; therefore, the bill will be adjusted. He also stated, as spaces become available, the City will work with Ormond Aviation to make them available to them. Mr. Adrian Thompson, Ormond Aviation, stated Ordinance 93-50 designated a minimum of five (5) tie down spaces to be assigned, which has not been done even though a bill was sent for the spaces. He stated, therefore, the City is in breach of its own ordinance on this. He stated he was advised someone would come out to assign spaces, but it still is not accomplished. Mr. Baughman reported he spoke to the maintenance person this morning, and he will assign four (4) of the spaces for transient parking and 11 spaces will be marked for Ormond Aviation. Mayor Hood asked why the spaces weren’t assigned before, to which Mr. Baughman replied he understands Ormond Aviation has been using 15 spaces. Mr. Thompson agreed they have been using the spaces, but his problem is the assignment. He stated the City has assigned tie down spaces to other tenants, but not Ormond Aviation. Mr. Thompson explained that if one of his planes uses someone else’s assigned space late at night, he gets a bill from that tenant because the spaces are not marked. Mayor Hood requested Mr. Baughman deal with Mr. Thompson’s assignment problem. Item #11(O) - Display of Building Permits Mr. Todd Herget, Chief Building Official, explained staff is recommending further discussion on the matter of building permits being displayed three (3) days prior to construction. Mayor Hood requested this be placed on the next agenda for further discussion. Item #11(P) - Referral of the Environmental Advisory to the Planning Board Mr. Tom Lipps, Assistant to the City Manager, stated that previously the Environmental Advisory Board was created through the Land Development Code; therefore, the appropriate place to reconsider it would be through the Planning Board as a Land Development Code issue. He stated staff’s goal was to focus the Commission on the issue of the four (4) membership options. Mayor Hood stated that this is an important issue; therefore, he recommended placing it on the next agenda in light of the hour. Item #11(Q) - Construction at Bostrom Lane and Hand Avenue There was no discussion on this issue. Item #11(R) - Gas Lines at The Village Subdivision There was no discussion on this issue. Item #12 - Audience Comments On Agenda Items Commission’s Concern for the Citizens of Ormond Beach Ms. Laura Jones, 59 Amsden Road, stated that while these meetings stir deep emotions, there is great passion from each of the Commissioners for the people in their zone and all of the people of the City for which she is grateful. Removal of Trees Ms. Laura Jones expressed concern regarding the number of times trees that have been deemed diseased or that they would not survive and, therefore, they were cut down. She questioned how long they actually would have survived. Employing Ormond Beach Residents Ms. Jones questioned how many of the jobs made available by Home Depot will be Ormond Beach residents and how many will be brought from other stores. She indicated she would be interested in a survey on this after the Home Depot and WDL projects are completed and operating. She stated she hopes the higher playing jobs, such as engineers, would be filled from Ormond Beach. Three Chimneys Property Mr. Don Gaby, 123 Northbrook Lane, concurred with Mr. Barclay regarding the Three Chimneys property and encouraged the City Commission do all they can to promote the development and preservation of the ruins. He reported Mr. Ted Payne, who completed a study establishing the ruins to date to 1765, believes the rum distillery chimney can be restored. Commission Commendation Mr. Russ Nicastro, 6 Mimosa Trail praised the independent thinking of the Commission and stated he respects the members for the difficult job they have. Signage at Scenic Drives and Canopy Roads Ms. Rae Mastropierro, 595 Riverside Drive, expressed appreciation regarding the signage issue. Item #13 - Reports, Suggestions, Requests Respect for Mayor Hood Commissioner Boyle agreed that the Commission has great passions, and he has the utmost respect for Ormond Beach’s very dynamic and great Mayor. Faircloth Property Commissioner Boyle advised he had contacted the owner of the Faircloth property who indicated that he was moving his operation to Holly Hill but that he did not intend to do any clean-up of the property in the near future. Packet Deadlines Commissioner Boyle requested the City Manager enforce the packet deadlines so the packet could be available by 5:00 p.m. on the Thursday prior to City Commission meetings. Off-Site Compensation Land Development Code Amendment Commissioner Boyle stated he would like the process begun for a Land Development Code study of off-site compensation to specify if this will or will not be allowed. Appreciation of Citizen Attendance at City Commission Meetings Commissioner Irvin expressed appreciation to the citizens for coming to the meeting, and Commissioner Gillooly thanked them for staying for such a long meeting. Skateboard Park Commissioner Persis thanked the City Commission for their efforts and final decision on the skateboard park. Fourth of July Fireworks Mr. Miller stated the fireworks show was approved today, and he wished all a happy holiday. Economic Summit Mr. Miller reminded the Commission an economic summit will be held on June 23, 1998. Item #14 - Close The Meeting The meeting was adjourned at 11:25 PM. |
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