JANUARY 5, 1999 7:00 PM

Present were: 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

  1. Meeting called to order by Mayor Hood.
  2. Invocation given by Reverend Beth Haskins, Ormond Beach Presbyterian Church.
  3. Pledge of Allegiance.
  4. Approval of the Minutes of the December 22, 1998, meeting.
  5. PRESENTATION: Employee-of-the-Quarter Award to Rick Joyce.
  6. AUDIENCE REMARKS:
  7. CONSENT AGENDA: The action proposed to be taken is stated for each item on the Consent Agenda. Unless the item is removed from the Consent Agenda by a City Commissioner, no discussion on individual items will occur and a single motion will approve all items.
  1. Resolution No. 99-1 authorizing the execution of Change Order Number One to that contract awarded to Beach Construction Company, Inc., as authorized by Resolution No. 98-78, to increase the contract price by $14,000 to $111,900 relative to the installation of parallel shaft gear mixers. (Wastewater Plant Skimming System)
  2. Fina Station special exception.

    DISPOSITION: Approve as recommended in City Manager memorandum dated December 31, 1998.

  3. Request for Legislative Appropriation for the Casements.

    DISPOSITION: Approve as recommended in City Manager memorandum dated December 31, 1998.

  1. PUBLIC HEARINGS:
  1. Ordinance No. 98-57 vacating a portion of Rosewood Avenue and Pine Street rights-of-way situated between North U.S.1 (State Road 5) and the property commonly known as Starlite Skate Center; reserving certain easements; establishing conditions. (Second Reading)
  2. Ordinance No. 98-58 amending Sections 3.03, 3.05 and 6.02 of the City Charter by reducing terms of office for all City elected officials from four (4) years to two (2) years; eliminating term limits; eliminating staggered terms of office; providing a transition schedule; providing for and calling a Special Referendum Election of the registered electors residing in the City of Ormond Beach to be held on February 23, 1999; providing for election procedures; providing for severability. (Second Reading)
  3. Ordinance No. 98-59 approving the final plat of Unit II-A of the "Ormond Lakes" portion of the "National Gardens Trust" Development of Regional Impact; establishing conditions and expiration date of approval; authorizing the placement of official traffic control devices. (Second Reading)
  4. Rezonings:
    1. Ordinance No. 99-1 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County PUD (Planned Unit Development) to City R-2.5 (Single-Family Low-Medium Density). (Tymber Creek Subdivision - 84.0 acres) (First Reading)
    2. Ordinance No. 99-2 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from Volusia County PUD (Planned Unit Development) to City R-4 (Single-Family Cluster & Townhouse). (Tymber Creek Townhomes - 79.0 acres) (First Reading)
    3. Ordinance No. 99-3 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County PUD (Planned Unit Development) to City R-2 (Single-Family Low Density). (Tymber Creek "Lost Creek" Subdivision - 19.1 acres) (First Reading)
    4. Ordinance No. 99-4 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from Volusia County PUD (Planned Unit Development) to City R-4 (Single-Family Cluster & Townhouse). (Tymber Creek Utility Plant, RV Storage & Future Multi-family Area - 12.0 acres) (First Reading)
    5. Ordinance No. 99-5 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County PUD (Planned Unit Development) to City SE (Special Environmental). (Tymber Creek Recreation Areas, North & South, Including Retention Pond - 11.7 acres) (First Reading)
    6. Ordinance No. 99-6 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County RC (Resource Corridor) to City SE (Special Environmental). (Tymber Creek Conservation Areas (including Dan Paul and Russell Properties - 61.0 acres) (First Reading)
    7. Ordinance No. 99-7 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real properties from Volusia County R3 (Urban Single-Family Residential) to City SR (Suburban Residential). (Conte/Pelicer - SF Area - 61.1 acres) (First Reading)
    8. Ordinance No. 99-8 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from Volusia County A2 (Rural Agriculture) to City SR (Suburban Residential). (Heaster, West Tymber Creek - 10.09 acres) (First Reading)
    9. Ordinance No. 99-9 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from City I-1 (Light Industrial) to City R-3/PRD (Single-Family Medium Density/Planned Residential Development). (Ormond Lakes, Unit IIA - 15.04 acres) (First Reading)
    10. Ordinance No. 99-10 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from Volusia County R4 (Urban Single-Family Residential) to City R-3 (Single-Family Medium Density). (Heitkemper, 800 Cordova - 0.18 acres) (First Reading)
    11. Ordinance No. 99-11 amending subsection B, Zoning Map, of Section 6.00, General, of Article VI, District Regulations, of the Land Development Code, by amending the Official Zoning Map to rezone certain real property from City T-1 (Manufactured Home Community) City to B-8 (Commercial) . (Heflinger, 855 South Nova Road - 1.36 acres) (First Reading)
  5. Ordinance No. 99-12 annexing certain real property into the City of zoning, privileges, and Ormond Beach; setting forth obligations of (31.43 acres - Faircloth said properties. Property)
  1. FIRST READING OF ORDINANCES:
  1. Ordinance No. 99-13 amending Section 2.09B1, Recreational Vehicle/Boat Storage, of the Land Development Code by further clarifying restrictions previously made to the storage of recreational vehicles in residential areas.
  2. Ordinance No. 99-14 amending Articles I, II, III, VIII, X, XII and XV of the Land Development Code by replacing all references to Code Enforcement Board with Special Master relative to the Special Master Code Enforcement System.
  3. Ordinance No. 99-15 amending Article I, Subsection 1.09F, of the Land Development Code by allowing the activation of a conditional use permit without an application for a building permit under certain circumstances.
  1. PROCLAMATION: Special Referendum Election relative to the proposed Charter amendments.
  2. DISCUSSION regarding communication with FDOT on widening of Nova Road.
  3. AUDIENCE COMMENTS ON AGENDA ITEMS: (Not to include Public Hearing matters.)
  4. Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
  5. Close the meeting.

 

Item #1 - Call to Order

Deputy Mayor Gillooly called the meeting to order at 7:00 PM.

Item #2 - Invocation

The invocation was given by Reverend Beth Hoskins, Ormond Beach Presbyterian Church.

Item #3 - Pledge of Allegiance

Deputy Mayor Gillooly led in the Pledge of Allegiance.

Item #4 - Approval of Minutes

Deputy Mayor Gillooly advised the Minutes of the December 22, 1998, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

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

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carried Commissioner Persis yes

Item #5 - Employee-of-the-Quarter

Mr. Eugene Miller, City Manager, presented the Employee-of-the-Quarter award to Rick Joyce, Garage Foreman in the Fleet Maintenance Division. He noted that while the Fire and Police Departments deserve credit for the excellent job done during the summer fires, people such as Mr. Joyce, working behind the scenes to keep the fire trucks and other equipment working properly, also played a major role in combating the fires. Mr. Miller commended Mr. Joyce for his customer friendly attitude.

Deputy Mayor Gillooly presented the Employee-of-the-Quarter plaque to Mr. Joyce, along with a watch and a second plaque which will be on display in City Hall. He expressed his appreciation and congratulations to Mr. Joyce for his efforts.

Item #6 - Audience Remarks

Duck Relocation

Ms. Pat Mihalek, 216 Yorktown Drive, Daytona Beach, and a member of the Board of Directors of the Halifax River Audobon Society, stated that at the last City Commission meeting, Mayor Hood asked staff to contact the owner of the pond where the Mallard ducks were relocated to ascertain if he would be willing to let Ms. Mihalek and/or Ms. Gaydos view the ducks, based upon her promise not to relay the location to anyone else. She noted Mr. Ted MacLeod, Public Works Director, was to contact Mr. Greg Anest, but she has not heard from him to date.

Mr. Ted MacLeod, Public Works Director, reported he has written a letter to Mr. Anest asking him to contact Ms. Mihalek and Ms. Gaydos. He noted Mr. Anest contacted a staff member and reported he is writing Mr. MacLeod a letter requesting a meeting be arranged to discuss this matter with Ms. Mihalek, Ms. Gaydos, and Mr. MacLeod. Mr. MacLeod advised as soon as he receives this letter, he will contact Ms. Mihalek and Ms. Gaydos.

Ms. Jutta Gaydos, 424 Sauls Street, questioned what the hardship would be to inform her where the ducks were relocated and why they were not able to stay at Central Park. She noted special concern for a duck that has only one leg and is unable to feed itself.

Mr. MacLeod reiterated that as soon as he receives the letter from Mr. Anest, he will contact Ms. Mihalek and Ms. Gaydos.

Fortunato Park Statute

Ms. Muriel Nicastro, 6 Mimosa Trail, stated $20,000 was spent on the sculpture at Fortunato Park, yet the water is never running and the lights are not lit. She stated this sculpture would be more appropriately placed by the museum and a Paul Baliker sculpture would be more appropriate in Fortunato Park because it blends so well with the community. Ms. Nicastro stated since the statute is already in place and so much has already been spent, the water should be running and lights on.

Mr. Ted MacLeod, Public Works Director, explained he will check into the condition of the sculpture and report back to the Commission.

Traffic Light at the Corner of US#1 and Wilmette Avenue

Mr. Thad Wathen, 11 Polar Bear Path, asked if the traffic light at the corner of US #1 and Wilmette Avenue could be reprogrammed. He noted the turn lane and cross lane are both green at the same time causing problems.

Commissioner Gillooly stated he was under the impression this problem was solved; whereby, Mr. MacLeod stated FDOT has recently studied an exclusive phase for this light and determined the traffic does not warrant a separate phase for the turning movement.

Mr. Wathen reported this is a dangerous situation; whereby, Commissioner Gillooly stated that this is a State road, but he would talk to the Police Chief to determine if anything can be done.

Traffic Bump at Airport Road

Mr. Wathen requested the traffic bump at the railroad tracts at Airport Road be smoothed out because of the volume of traffic on Airport Road and no improvements are planned for the next five (5) years.

Mr. MacLeod stated Airport Road is a Volusia County road and they are aware of the problem.

Safety Concerns on A1A

Mr. Wathen reported an accident was barely averted one evening last week because a handicapped person was maneuvering a wheelchair in the middle of the road north on A1A at Neptune Avenue with no reflectors on the wheelchair and wearing dark clothes. He noted there are no sidewalks in this area. Mr. Wathen recommended reflectors be placed on the wheelchair if this person wishes to use this road at night.

Shrubs Obstruction View of Oncoming Traffic

Mr. Don Ward, 1214 Parkside Drive, stated shrubs at various intersections, such as Hernandez and Beach, and the entrance to certain business, such as Scotty’s, obscure the view of oncoming traffic causing a safety hazard. He recommended an effort be made to trim these shrubs.

Sidewalks

Mr. Ward recommended sidewalks be installed from Granada Boulevard to Wilmette Avenue on Orchard Street.

Commissioner Gillooly explained Ormond Beach has a very ambitious sidewalk development program, and Mr. MacLeod asked Mr. Ward to stop in his office so that he may review the Sidewalk Master Plan.

Item #7 - Consent Agenda

Deputy Mayor Gillooly 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 Persis moved, seconded by Commissioner Boyle, for approval of the Consent Agenda.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #8(A) - Vacation of Rosewood Avenue and Pine Street

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(A). The motion carried unanimously.

ORDINANCE NO. 98 - 57

AN ORDINANCE VACATING A PORTION OF ROSEWOOD AVENUE AND PINE STREET RIGHTS-OF-WAY SITUATED BETWEEN NORTH U.S.1 (STATE ROAD 5) AND THE PROPERTY COMMONLY KNOWN AS STARLITE SKATE CENTER; RESERVING CERTAIN EASEMENTS; ESTABLISH-ING CONDITIONS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-57, on second reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carries Commissioner Irvin yes

Item #8(B) - Charter Referendum Relative to Commission Terms

ORDINANCE NO. 98 - 58

AN ORDINANCE AMENDING SECTIONS 3.03, 3.05 AND 6.02 OF THE CITY CHARTER, BY REDUCING TERMS OF OFFICE FOR ALL CITY ELECTED OFFICIALS FROM FOUR (4) YEARS TO TWO (2) YEARS; ELIMINATING TERM LIMITS; ELIMINATING STAGGERED TERMS OF OFFICE; PROVIDING A TRANSITION SCHEDULE; PROVIDING FOR AND CALLING A SPECIAL REFERENDUM ELECTION OF THE REGISTERED ELECTORS RESIDING IN THE CITY OF ORMOND BEACH TO BE HELD ON FEBRUARY 23, 1999, PROVIDING FOR ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(B). The motion carried unanimously.

Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-58, on second reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carries Commissioner Persis yes

Item #8(C) - Final Plat of Ormond Lakes, Unit II-A, Subdivision

ORDINANCE NO. 98 - 59

AN ORDINANCE APPROVING THE FINAL PLAT OF UNIT II-A OF THE "ORMOND LAKES" PORTION OF THE "NATIONAL GARDENS TRUST" DEVELOPMENT OF REGIONAL IMPACT; ESTABLISHING CONDITIONS AND EXPIRATION DATE OF APPROVAL; AUTHORIZING THE PLACEMENT OF OFFICIAL TRAFFIC CONTROL DEVICES; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(C). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-59, on second reading, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #8(D)(1) - Tymber Creek Subdivision Rezoning

ORDINANCE NO. 99 - 1

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM VOLUSIA COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY R-2.5 (SINGLE-FAMILY LOW-MEDIUM DENSITY); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(D)(1). The motion carried unanimously.

Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 99-1, on first reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carries Commissioner Irvin yes

Item #8(D)(2) - Tymber Creek Townhomes Rezoning

ORDINANCE NO. 99 - 2

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM VOLUSIA COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY R-4 (SINGLE-FAMILY CLUSTER & TOWNHOUSE); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D)(2). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-2, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carries Commissioner Gillooly yes

Item #8(D)(3) - Tymber Creek "Lost Creek" Subdivision Rezoning

ORDINANCE NO. 99 - 3

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM VOLUSIA COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY R-2 (SINGLE-FAMILY LOW DENSITY); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D)(3). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-3, on first reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carries Commissioner Persis yes

Item #8(D)(4) - Tymber Creek Utility Plant, RV Storage & Future Multi-family Area Rezoning

ORDINANCE NO. 99 - 4

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM VOLUSIA COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY R-4 (SINGLE-FAMILY CLUSTER & TOWNHOUSE); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(D)(4). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-4, on first reading, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #8(D)(5) - Tymber Creek Recreation Areas, North & South Rezoning

ORDINANCE NO. 99 - 5

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM VOLUSIA COUNTY PUD (PLANNED UNIT DEVELOPMENT) TO CITY SE (SPECIAL ENVIRONMENTAL); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D)(5). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-5, on first reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carries Commissioner Irvin yes

Item #8(D)(6) - Tymber Creek Conservation Areas Rezoning

ORDINANCE NO. 99 - 6

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM VOLUSIA COUNTY RC (RESOURCE CORRIDOR) TO CITY SE (SPECIAL ENVIRONMENTAL); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(D)(6). The motion carried unanimously.

Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 99-6, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carries Commissioner Gillooly yes

Item #8(D)(7) - Conte/Pelicer - SF Area Rezoning

ORDINANCE NO. 99 - 7

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM VOLUSIA COUNTY R3 (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY SR (SUBURBAN RESIDENTIAL); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(D)(7). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-7, on first reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carries Commissioner Persis yes

Item #8(D)(8) - Heaster, West Tymber Creek Rezoning

ORDINANCE NO. 99 - 8

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM VOLUSIA COUNTY A2 (RURAL AGRICULTURE) TO CITY SR (SUBURBAN RESIDENTIAL); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(D)(8). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-8, on first reading, as read by title only.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #8(D)(9) - Ormond Lakes, Unit IIA Rezoning

ORDINANCE NO. 99 - 9

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM CITY I-1 (LIGHT INDUSTRIAL) TO CITY R-3/PRD (SINGLE-FAMILY MEDIUM DENSITY/PLANNED RESIDENTIAL DEVELOPMENT); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D)(9). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-9, on first reading, as read by title only.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle yes
carries Commissioner Irvin yes

Item #8(D)(10) - Heitkemper, 800 Cordova Rezoning

ORDINANCE NO. 99 - 10

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM VOLUSIA COUNTY R4 (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE-FAMILY MEDIUM DENSITY); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(D)(10). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-10, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carries Commissioner Gillooly yes

Item #8(D)(11) - Heflinger, 855 South Nova Road Rezoning

ORDINANCE NO. 99 - 11

AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF SECTION 6.00, GENERAL, OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE, BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTY FROM CITY T-1 (MANUFACTURED HOME COMMUNITY) CITY TO B-8 (COMMERCIAL); REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; AND SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(D)(11). The motion carried unanimously.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-11, on first reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carries Commissioner Persis yes

Item #8(E) - Faircloth Property Rezoning

Mr. Doyle Tumbleson, Country Club Drive, with a law office at Palmetto Avenue in Daytona Beach, appeared representing the applicant. He requested the first reading be postponed two (2) weeks to the next City Commission meeting. Mr. Tumbleson explained questions were recently raised regarding technical issues that he cannot answer, and the engineer on the project is unavailable to answer these questions. He noted the developer/client also had to leave to return to Orlando.

Commissioner Persis moved, seconded by Commissioner Boyle, to continue this item to the January 19, 1999, City Commission meeting.

Ms. Rita Press, 875 Wilmette Avenue, noted this development points out how important it is for the City of Ormond Beach and Volusia County to discuss interlocal agreements considering the differing City and County regulations. She stated Mayor Hood has previously related that the Commission of Mayors are discussing this and other issues at their meetings, but she hopes the land on SR-40 is not completely developed before they reach their conclusions. Ms. Press recommended the City develop an inventory of what property on SR-40, Nova Road and US#1 is under County control; what zoning and regulations exist; and how Ormond Beach regulations differ from Volusia County regulations.

Mr. Tumbleson agreed with Ms. Press’ recommendation and noted this is pertinent to this project. He stated meetings were held where City staff were provided direct input and recommendations into this Development Order.

Commissioner Gillooly noted the Planning Department indicated the developer worked very closely with the County and the City and incorporated many City standards.

Mr. Miller noted that in his tenure as Ormond Beach City Manager, this has been the most cooperative development negotiation he has experienced.

Mr. Russ Nicastro, 6 Mimosa Trail, indicated wetlands are located on the proposed development. He stated there are signs posted which imply this development will begin shortly and asked if there is a signed commitment with the developer.

Mr. Nicastro asked if a new Planning Director will be hired soon; whereby, Commissioner Gillooly noted candidates for the Planning Director position have been interviewed and a decision will be forthcoming shortly.

Commissioner Gillooly stated when the City Commission is to consider a particular site, they are informed where the wetlands are located, but he agreed a comprehensive plan would be useful. He noted the Planning Department is presently understaffed, but he asked that a map designating what is under Volusia County control, what is under Ormond Beach control and where the wetlands are located in the entire corridor be made available within the near future. Commissioner Gillooly asked if this could be available for the City Commission’s goal setting workshop.

Mr. Miller agreed this could be accomplished and noted that the Local Government Study Commission Subcommittee on Annexation Policy has a map with "urbanized areas" designated, and there is legislation pending to allow for interlocal agreements to be entered into to accomplish these goals. He hopes to have a full report available of this subcommittee’s findings for the workshop as well.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #9(A) - Clarifying Recreational Vehicle/Boat Storage Ordinance

ORDINANCE NO. 99 - 13

AN ORDINANCE AMENDING SECTION 2.09B1, RECREATIONAL VEHICLE/BOAT STORAGE, OF THE LAND DEVELOPMENT CODE BY FURTHER CLARIFYING RESTRICTIONS PREVIOUSLY MADE TO THE STORAGE OF RECREATIONAL VEHICLES IN RESIDENTIAL AREAS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Boyle stated this item is a perfect example of the need for wording to be more specific on agenda items.

Commissioner Gillooly explained the ordinance only eliminates the word "continuous" from the previous Recreational Vehicle/Boat Storage Ordinance.

Mr. Edwin Cooney, 6 Alexander Court, stated that although this ordinance was passed, there has been no enforcement of the ordinance.

Commissioner Gillooly stated that this issue only regards the language in the ordinance, and if Mr. Cooney wishes to discuss anything further, it must be brought up at the end of the meeting.

Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-13, on first reading, as read by title only.

Commissioner Persis noted this is only to delete one word to eliminate the possibility that an RV owner would park the RV in the driveway for 72 hours, then drive around the block to park another 72 hours. He thanked Mr. Randal Hayes, City Attorney, for noting this error.

Commissioner Boyle asked how this is enforceable; whereby, Mr. MacLeod replied that this has not been a problem in the past and would be addressed on a complaint basis.

Call Vote: Commissioner Gillooly yes
Commissioner Persis yes
Commissioner Boyle no
carries Commissioner Irvin yes

Item #9(B) - Replacing References to Code Enforcement Board with Special Master

ORDINANCE NO. 99 - 14

AN ORDINANCE AMENDING ARTICLES I, II, III, VIII, X, XII AND XV OF THE LAND DEVELOPMENT CODE BY REPLACING ALL REFERENCES TO CODE ENFORCEMENT BOARD WITH SPECIAL MASTER RELATIVE TO THE SPECIAL MASTER CODE ENFORCEMENT SYSTEM; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Mr. Tom Lipps, Assistant to the City Manager, explained this Ordinance merely replaces the references from Code Enforcement Board to Special Master in the Land Development Code.

Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-14, on first reading, as read by title only.

Commissioner Boyle explained the City has replaced the citizen Code Enforcement Board with a system of a Special Master system made up of retired judges which will facilitate the code enforcement process more quickly.

Commissioner Gillooly noted that the citizens on the Code Enforcement Board earnestly tried to make the system work effectively, but he agreed the Special Master system will be more efficient.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Irvin yes
carries Commissioner Gillooly yes

Item #9(C) - Activation of Conditional Use Permits

ORDINANCE NO. 99 - 15

AN ORDINANCE AMENDING ARTICLE I, SUBSECTION 1.09F, OF THE LAND DEVELOPMENT CODE BY ALLOWING THE ACTIVATION OF A CONDITIONAL USE PERMIT WITHOUT AN APPLICATION FOR A BUILDING PERMIT UNDER CERTAIN CIRCUMSTANCES; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.

Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-15, on first reading, as read by title only.

Mr. Lipps explained this is an administrative request to clarify a circumstance where the calendar on which a Development Order would expire is 18 months, but no beginning point was noted. He continued that this Ordinance sets a beginning point for the Development order and addresses conditional use permits where a building permit may not be required, such as for a particular use in a shopping center.

Call Vote: Commissioner Boyle yes
Commissioner Irvin yes
Commissioner Gillooly yes
carries Commissioner Persis yes

Item #10 - Special Referendum Proclamation

Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of the Special Referendum Election Proclamation relative to the charter amendments.

Call Vote: Commissioner Irvin yes
Commissioner Gillooly yes
Commissioner Persis yes
carries Commissioner Boyle yes

Item #11 - Communication with FDOT on Widening of Nova Road

Commissioner Gillooly explained permitting has lapsed with FDOT which may delay the widening of Nova Road by two (2) years.

Mr. Miller reported he received a response from his a letter to Nancy Houston, District Secretary, FDOT, to attend this or the January 19th City Commission meeting. He stated that even with alternate dates supplied, she was unable to attend. He stated Ms. Houston explained the reasons for the delay in her response and supplied a detailed schedule of what must be done in the interim. Mr. Miller noted staff may take exception to some of the statements made in this response. He advised staff is gathering data in concert with the Mayor and City Manager of Port Orange to pursue a meeting with Ms. Houston or her superior.

Commissioner Persis expressed frustration in the delay and agreed with Mr. Miller the importance of working in concert with the Mayor and City Manager of Port Orange rather than making any further attempts to work with FDOT alone. He stated in a Friday Letter long ago it was reported in October 1997 that the Nova Road four-laning from Wilmette Avenue to US#1 would be moved up from FY 2001-2002 to FY 2000-2001 so that it could be constructed concurrent with the four-laning of Nova Road from Flomich Avenue to Wilmette Avenue. Commissioner Irvin and Commissioner Gillooly expressed support for Commissioner Persis’ recommendation.

Commissioner Gillooly noted Port Orange put together a citizen task force to monitor the aesthetics of this four-laning in their City, and he recommended Ormond Beach do likewise. He asked that the possibility of a task force be put on the next agenda.

Commissioner Boyle stated the Commission should recognize the distinct possibility that they may not be successful in restoring the original schedule, and if this schedule is not restored, he recommended revisiting the issue of the water rate increase to pay for the utility relocation for the widening of Nova Road. Commissioner Gillooly agreed it should be revisited if there is an inordinate delay in this project.

Mr. Nicastro questioned what work was recently done on Nova Road; whereby, Mr. MacLeod explained the road was resurfaced to maintain the road through to the period that it can be reconstructed. Mr. Nicastro asked why the road was delayed.

Mr. Miller explained that for any construction work, a drainage permit is needed from the St. Johns Water Management District so drainage does not run off into the Tomoka River. He stated that this delay strikes at the very heart of the Metropolitan Planning Organization (MPO) process. Mr. Miller noted representatives to the MPO attend meetings and work hard on these issues, and to have FDOT casually mention there is a two (2) year delay is very frustrating.

Mr. Gordon Curry, 1 Cypress View Trail, stated priorities and administrations on the MPO change periodically. He noted this road was originally to have been completed back in 1983.

Item #12 - Audience Comments On Agenda Items

RV Issue

Commissioner Gillooly asked Mr. Cooney if he wished to continue his discussion at this time.

Mr. Cooney stated that all the motor homes who were previously in violation are still in violation with no enforcement evident.

Commissioner Gillooly explained that the new Special Master system which is just now being implemented will be a great step in answering some of these problems.

Mr. Randal Hayes, City Attorney, explained the Special Master program is now on line, and George Lewis, Assistant City Attorney, has been training the Code Enforcement Officers regarding the new procedures.

Mr. Don Ward stated he checked with Code Enforcement when he received his first citation, and after they measured his RV, he discovered he is in compliance. He noted that receiving a citation when a person is innocent amounts to false arrest; therefore, he stated his intent to sue the City and the individual who has made the accusation that he is not in compliance. He noted his privacy is being invaded when pictures are taken of his property by this individual.

Mr. Cooney explained he was accomplishing the task Code Enforcement did not do.

Teen Club

Mr. Tom Burks, 422 South Halifax Drive, asked if the issue of the teen club will be coming before the City Commission; whereby, Mr. Hayes explained that item will go before the City Commission at the January 19, 1999, City Commission meeting.

Item #13 - Reports, Suggestions, Requests

Unpermitted Filling

Commissioner Boyle expressed appreciation to Mr. Miller for his report on the issue of unpermitted filling near Durrance Acres. He explained that a property owner was filling land extensively without a permit; on December 22, 1998, a stop work order was posted by the City; and on December 23, 1998, staff went back and noticed the stop work order sign had been removed and filling was continuing without a permit. Commissioner Boyle stated the fill was impacting County right-of-way, the drainage culvert had been obliterated, and trees were adversely impacted due to the two (2) to three (3) feet of fill around their bases. He reported on December 26 and 27 this work continued extensively without the permit. Commissioner Boyle stated the property owner now has agreed not to do additional work without the permit; and as a condition for receiving the permit, the City will require mitigation. Again, he expressed his appreciation to Mr. Miller, Mr. MacLeod and other staff members for their efforts. Commissioner Boyle noted the property owner in question is a chronic violator of filling without a permit, and he believes the City Commission should discuss imposing sanctions on violators, possibly in its goal setting workshop. He stated although the property owner is now seeking a permit, the job is essentially completed, and the drainage has been altered. Commissioner Boyle noted this property owner has had government contracts in this area for almost 50 years, so he knows the requirements. Commissioner Boyle stated that in this case there is clearly contempt for the system, particularly regarding fill.

Burning Permits

Commissioner Boyle stated some property owners would like to do controlled burns on their own property which requires an Ormond Beach permit costing $25.00, and other agencies must also issue permits with additional costs. He noted that while some people get the permits, others set the fires without the permits, and all the City can do is send the Fire Department to put the fire out using City resources, equipment and manpower. Commissioner Boyle stated this creates a double standard when no sanctions are taken against violations. He recommended discussing imposing sanctions on property owners who set fires without proper permitting.

Office Depot

Commissioner Boyle noted Office Depot has received a temporary Certificate of Occupancy; and while their grand opening is not for a week or two, they are presently open for business. He stated the Board of Adjustment and Appeals was concerned regarding a borrow pit and required a fence be placed around the borrow pit to avoid a tragedy. Commissioner Boyle stated that while the store is open for business, as of today there is no fence around the borrow pit. He advised that Mr. MacLeod informed him that the holes have been dug and fence construction is proceeding as of late today. Commissioner Boyle noted the inequity of how the small business owner is treated versus the national corporations. He stated that in the future, when a company makes promises, they should be held accountable to those promises before they are allowed to open their doors for business.

Airport Issues

Commissioner Boyle stated he has been questioned regarding the qualifications of Fixed Base Operators and if they are meeting those qualifications. He advised leases were granted years ago to individuals to construct hangars at the airport; however, no hangars have been built and no revenue is generated from these leases. Commissioner Boyle stated there are other people who would like to build hangars but can not do so because the land is tied up by these leases. He requested a report for the next meeting regarding these matters and copies of the above-noted leases be included.

Chamber of Commerce Appointment

Commissioner Boyle recommended the City Commission rethink the method under which it appoints a member to the Board of Directors of the Chamber of Commerce. He noted the bylaws of the Chamber are that it not be political, which may cause a conflict when the City appoints a political member to its board. Commissioner Boyle stated when a member of the City Commission sits on a board, the board may run an idea past that member, bypassing the normal process. He pointed out that in the past, the City has had a very good relationship with the Chamber; they have a liaison who comes to the City meetings; and the City has staff to meet with the Chamber. Commissioner Boyle stated Ms. Peggy Farmer is very well respected in this community and brought tremendous energy to the Chamber of Commerce. He noted other organizations in the community could come to the City and demand that members of the Commission sit on their boards as well; therefore, he recommended dropping the appointment. Commissioner Boyle suggested adding an item to the next agenda to discuss if it is necessary to have this appointment.

Commissioner Gillooly stated the City supports the Chamber of Commerce for $15,000, yet they want to tell the City who will represent the City Commission. He stated he will not tolerate anyone usurping the prerogatives of this Commission. He advised the City Commission has certain rights and responsibilities, and he noted the contract the Chamber has with the City indicates the City Commission shall appoint one (1) of its members to the Board of Directors of the Chamber in accordance with the charter and bylaws of the Chamber. He advised he would like to take action at the next City Commission meeting regarding appointing a member of this City Commission to the Board of the Chamber. Commissioner Gillooly stated Commissioner Boyle’s recommendation to not appoint any member for the Board has merit. He stated while the Chamber has the right to ask anyone they want to sit on their Board, if the City Commission does not send an official liaison, no member of the City Commission should sit on the Board.

Mr. Randal Hayes, City Attorney, advised the City Commission has the lawful right to make the appointment, and that appointment must be sanctioned by the entire Commission. He pointed out that the agreement is in effect to the end of September 1999; therefore, if so determined, the City Commission could elect not to appoint a liaison, and the contact would continue without any real effect. He advised an alternative would be to exercise the option under the termination provision which requires 60 days written notice.

Commissioner Gillooly stated there are many good things in the agreement; therefore, he would not support terminating the agreement, but that this one (1) item be discussed.

Commissioner Persis noted how "messy" things get when politics are involved. He stated that if the Commission cannot agree on a liaison amongst the City Commission members, he recommended having the City Manager appoint a staff member to serve, if the Chamber agrees. Commissioner Persis stated the City Commission does not want to offend the Chamber and should keep a good working relationship with them. He stated who represents the City is unimportant; what is important is to have representation.

Commissioner Gillooly agreed that it is irrelevant who sits on this Board, but stated he is arguing for a principal to protect the City Commission’s prerogative to make the appointment.

Accolades to Staff

Commissioner Irvin offered accolades to the staff for their efforts on all of the projects in Zone 2, especially Berry Park, South Ormond Recreation Center, and the stormwater and street improvements. She expressed special appreciation to the Police Athletic League (PAL) for the Christmas party at the South Ormond Recreation Center, Police Chief Mathieson, Commissioner Gillooly and Amy Pantage.

Commissioner Gillooly agreed with Commissioner Irvin that the Police Athletic League did an excellent job with the Christmas party, and the children received great gifts.

Planning for Y2000

Commissioner Persis recommended plans begin for some major event in the City for next New Year’s Eve to welcome the new millennium.

Commissioner Gillooly stated he agrees with Commissioner Persis that a celebration be planned and suggested fireworks.

Riverside Drive Meeting

Mr. Miller advised that a meeting regarding pedestrian and vehicular safety will be held at the Casements with Riverside Drive residents along Granada Boulevard between Riverside Drive and Halifax Drive. He stated he envisioned this meeting to gather information regarding concerns and suggestions, then to make a recommendation to bring back to the City Commission.

Goal-Setting Meetings

Mr. Miller announced goal-setting meetings will be held in the beginning of February after staff meets to discuss its goals for the next year.

Item #14 - Close The Meeting

The meeting was adjourned at 8:50 PM


© 2007 City of Ormond Beach. All rights reserved.   Using PDF Files    Public Records