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JANUARY 19, 1999 7:00 PM Present were: Commissioners Jeffrey J. Boyle, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk.
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Alan Burton, Leisure Services Director. 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 January 5, 1999, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Gillooly noted that regarding the Chamber of Commerce appointments, the minutes read, "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." Commissioner Gillooly advised he did not remember making that statement, rather he indicated that while the Chamber has the right to ask anyone they want to sit on their Board, the City Commission also has the right, by contract, to appoint someone to the Board. Commissioner Persis moved, seconded by Commissioner Gillooly, to approve the minutes with the aforenoted modification.
Item #5(A) - Code Enforcement Board Awards Mayor Hood presented Kent Jones and Gerry Upson with plaques for their service to the Code Enforcement Board. He advised Mr. Upson served from May 16, 1989, to January 1, 1999, and Mr. Jones served from December 5, 1989, to January 1, 1999, and both served as Chairman of that Board. Mayor Hood presented James M. Wachtel, Anthony F. Buonamano, and Mike Cotton with Certificates of Appreciation for serving on the Code Enforcement Board. He stated Mr. Buonamano served from February 21, 1995, through January 1, 1999; Mr. Wachtel served from June 21, 1994, through January 1, 1999; and Mr. Cotton served from June 4, 1996, through January 1, 1999. On behalf of the City, Mayor Hood expressed his appreciation to all these members for the time and effort these citizens have given for the betterment of Ormond Beach. Item #5(B) - Holiday Parade Awards Mr. Tom Perkowski, Holiday Parade Chairman, expressed his appreciation to the parade committee, the Ormond Beach Police Department, the Leisure Services employees, the Main Street organization, businesses who gave donations, and Ms. Jean Shepherd. Mr. Perkowski gave the first place award in the Float Division to Ed’s Spas, the second place award to Triangle Realty, and the third place award to Time Warner Cable. He presented Richardson’s Mobile Veterans’ Museum with the first place award in the Vehicles Division, with second place being awarded to N.E.O.N. Transport. In the Walkers Division, Mr. Perkowski awarded first place and Best of Show to the Goldette Twirling Team and the YMCA Twirlers, second place was given to Cub Scout Pack #74, and third place went to the Atlantic Academy of Marshal Arts. He announced Seabreeze High School received the first place award for the Band Division, Holly Hill School received second place, and Mainland High School received the third place award. Mayor Hood expressed the appreciation of the entire Commission and the community to Mr. Perkowski and the Holiday Parade Committee for a great parade. Item #6 - Audience Remarks Hallie Miller Remembered Mr. Frank Henry, 193 Bosarvey Drive, advised that the City lost a great leader last week, Ms. Hallie Miller, who served the City as the first elected female serving two successive terms as Justice of the Peace, opening doors for other females such as Ms. Regina Demming, Ms. Evelyn Lynn, and Ms. Thelma Irvin who have served as Ormond Beach City Commissioners. City Commission Terms Mr. Henry expressed appreciation to the Commission for allowing the citizens to determine, by ballot, if they wish to retain the current system of terms or to make a change. MacDonald House Mr. Henry commended the City for preserving the MacDonald House and for the wonderful job done on the renovations of the Tennis Center. Cemetery on Orchard Street Ms. Muriel Nicastro, 6 Mimosa Trail, stated that there is a small cemetery south of Granada Boulevard on Orchard Street which looks like it has been abandoned. Ms. Nicastro stated if a cemetery is abandoned, the State has the obligation to take it over. Mayor Hood asked Mr. Miller to investigate and determine if the cemetery has been abandoned and to inform Ms. Nicastro. Urban Sprawl Ms. Harriet Damesek, 4 Sandpoint Circle, representing the Sierra Club, asked if the City has contacted Consolidated Tomoka Land Company as discussed in the Roundtable meeting last May. Mr. Eugene Miller, City Manager, advised the City has contacted Consolidated Tomoka Land Company and will be making a public statement regarding the discussions soon. Ms. Damesek requested a status report on the interlocal agreements; whereby, Mr. Miller noted a report will be ready for the next Local Government Study Commission meeting scheduled February 8, 1999. Mayor Hood noted the prior meetings were held in Building 16 at the Daytona Beach Community College, but he is not certain the next meeting will be held in the same location. Ms. Damesek recommended Nova Road, Clyde Morris Boulevard, Williamason Boulevard, and A1A be included in interlocal agreements when developers ask to be annexed into the City. Mayor Hood noted it has already been agreed that all areas surrounding Ormond Beach are included in the annexation question. Ms. Damesek recommended all properties in unincorporated Volusia County within a three (3) to five (5) mile radius of Ormond Beach and requesting development in the County be required to conform to Ormond Beach rules, which is covered under Chapter 163.3171 of the Florida Statutes. Mr. Miller noted a complicating factor is that there is more than one municipality within that radius, which would make this request difficult to work out. Ms. Damesek also asked if it were possible for Ormond Beach to participate in the DCA Sustainable Communities Demonstration Project which is described in Chapter 163.3244 of the Florida Statutes. Commendation of Mayor Hood Mr. Tom Burks, 422 South Halifax Drive, expressed appreciation to Mayor Hood for the proclamation which set aside a day in his son’s honor when he achieved his Eagle Scout Award and noted how much this meant to him and to his son. Hiring of Police Chief Mr. Burks stated that he had been extremely critical of Mr. Miller regarding the hiring of a police chief from the Metro-Dade area. He apologized for this criticism and stated that Chief Mathieson’s performance supersedes any chief Ormond Beach has ever had. Recreational Vehicles Mr. Don Ward, 1214 Parkside Drive, advised he receives numerous calls regarding the new regulations on recreational vehicles, and the biggest problem arises out of the way the entire issue was handled. He recommended revisiting the issue and allowing a ten (10) foot RV with one (1) foot additional for accessories such as air conditioning units. Mr. Ward stated the grandfather clause should include people who have gone to the expense of installing fences and landscaping to obscure the view of their RV so they will not be offensive and would comply with the previous codes. He noted RV’s get old and need replacing just as cars do, and the revised ordinance will not allow homeowners to upgrade their RV’s. Mayor Hood advised that the RV ordinance can only be revisited if two (2) of the Commissioners who voted for the ordinance moved to revisit the issue. No motion was made for reconsideration. Mayor Hood stated that Mr. Ward would have to start the entire process again through the Planning Board to change the Land Development Code. Mr. Ward stated there are RV owners who are willing to go to court about this issue and asked if the City is prepared to spend $20,000 in litigation. Mayor Hood recommended seeing Mr. Tom Lipps, Assistant to the City Manager/Interim Planning Director, if he wished to start the Planning Board process. 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 Item 7(E) be discussed separately. Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda minus Item 7(E).
Item #7(E) - Engineering Services - Riverside Drive Sidewalk RESOLUTION. 99 - 6
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 99-6, as read by title only. Commissioner Boyle asked if the concept of spending $6,000 to study the feasibility of installing a sidewalk on Riverside Drive came from the meeting with the residents; whereby, Mr. Miller concurred that through these meetings, it was decided to conduct a feasibility study to determine the alignment and the easements required to construct a sidewalk on Riverside Drive. Commissioner Boyle recommended determining the feasibility in house rather than spending $6,000 for a consultant when it seems very unlikely a sidewalk can be built on that narrow stretch of roadway. Ms. Judy Sloane, City Engineer, stated the $6,000 includes a survey, a conceptual plan and an estimate of cost. She stated this is not a simple road to place a sidewalk and a survey would be needed in order to preserve trees and work around the grade differential problems. Ms. Sloane stated she has 60 days to respond to the committee, and this project cannot be done in house in that time. She noted a consultant would aid in determining the most cost effective method of constructing a sidewalk in that area.
Item #8(A) - Teen Club Mr. Tom Lipps, Assistant to the City Manager/Interim Planning Director, explained that a teen club is not a permitted use in any zoning classification and can only be approved under the Conditional Use Permit process. He explained the property has been divided into two (2) suites: the first of which is approximately 5,641 square feet and would contain the teen club, office and patio; and the second suite currently houses the wrestling school operation. Mr. Lipps stated staff recommends approval with the following conditions: occupancy be limited to 128 people; no outdoor events be permitted; hours of operation be limited; volume requirements be imposed on the disc jockey that if there were three (3) noise ordinance complaints, the Conditional Use Permit would be revoked; and certain technical comments from the Site Plan Review Committee would be included in the Development Order. Mr. Lipps advised the Development Review Board recommended against approval because the use would create a negative impact on the neighborhood and enforcing the conditions recommended by staff would be labor intensive. He noted the Development Review Board did recommend approval for the office and wrestling school. Mr. Robert Riggio, with the law firm of Riggio and Mitchell and representing Mr. David Riccio, requested that a copy of the staff report provided at the Development Review Board be made a part of the record; whereby, Mayor Hood concurred. He stated prior to the Development Review Board meeting, staff recommended approval with certain conditions. Mr. Riggio asked Mr. Robert Pryor, manager of the teen club, what is being planned for the teen club; whereby, Mr. Pryor replied an entertainment center is planned, with amusement games and a dance hall in a safe environment which is to be monitored and would be a real asset to the City. He noted security guards would be hired during and after events to prevent youth from loitering in the area. Upon questions from Mr. Riggio, Mr. Pryor advised that similar clubs in Daytona Beach have not had infractions in the past year, and one club has no security, and the other has only one (1) security guard. He stated Galaxy 2001 is planning on hiring three (3) guards during operating hours and one (1) after operating hours. Mr. Pryor explained one officer would patrol neighboring properties to discourage vandalism, loitering, or inappropriate parking. Mr. Riggio noted Mr. Riccio has agreed to provide security at no cost to any neighbors in the area, provided they would sign a consent form to allow the security guard to enter their property. Mr. Pryor stated a $10 admission fee will be charged to patrons upon entering to discourage them from entering and leaving and then reentering the premises. He stated staff will monitor the noise level to insure it does not exceed Ormond Beach codes. Upon further questioning by Mr. Riggio, Mr. Pryor explained that on Friday nights, 13 to 17 year old youths would attend the club and on Saturday nights 18 to 20 year old youths would attend the club, alleviating the concern of mixing the 13 and 20 year old patrons. Mr. Riggio asked discretion in changing the nights dedicated to each age group depending on attendance. Mr. Pryor noted the lease with the wresting school expires April 5, 1999, but until then, with approval of the school, the operation of the wresting school will be set back to 6:00 P.M. on Friday and Saturday nights to give ample time to free up parking for the club’s opening at 7:00 P.M. If no approval is given, he advised the opening date would be moved to April 9, 1999, after the lease of the school terminates. Mr. Riggio asked how the club would handle a situation where a patron is dropped off and wants to leave early; whereby, Mr. Pryor replied a pay phone is a possibility, but he recommended either he or a security guard would stay with the patron until a parent would pick them up. In answer to Mr. Riggio’s question regarding parking, Mr. Pryor stated they have contracted with Arrow Towing Company to monitor the property for illegal parking. He stated most businesses have towing zone signs, and Mr. Riccio would incur the expense of these signs to alleviate this problem. He also noted that he now has confirmation of a lease for 20 additional parking spaces in the northwest corner of the parking lot of Nations Bank, bringing the total parking spaces available to 52 spaces, which would accommodate 200 patrons based on the recommendation of the Planning Department. Mr. Riggio stated that the current request is for 128 patron capacity, but considering the additional parking, pending review by staff, he asked if the capacity could be raised to 200 patrons without going through the entire permitting process. Mr. Pryor stated Mr. Riccio’s intention is not to degrade the neighborhood, but enhance it with this unique concept. He stated there will also be a cleanup crew to assuage the concern of those neighbors who worry about trash being left behind. Mr. Arthur Vescovi, Director, All United Security, explained he has worked for Ormond Beach Jazz Matazz and worked with teens for 35 to 40 years. He noted that while there are some problems, generally teens are cooperative at this type of club. Mr. Vescovi stated the City is safer with the teens congregated in one controlled area rather than scattered throughout the City. Mr. Riggio reminded the Commission the Conditional Use Permit is not subject to unfettered discretion—there are guidelines that determine the Commission’s ability to approve or disapprove the permit, and facts have been submitted to substantiate their claim that this will be a good addition to the City and not cause problems. Ms. Donna Rogers, 520 Poinsettia Drive, stated she is a mother of teens, and the teen club is a safe alternative for teen entertainment. She recommended approval. Mr. Tom Burks stated Ormond Beach does not need a teen club on the beachside under any circumstances and noted churches have activities for youth to dispute Mr. Riggio’s claim the youth have no place to go. He indicated he is disturbed by Mr. Riggio’s request to increase occupancy from 128 to 200 and is concerned that that number will also increase. Mr. Burks stated the security guards have no legal authority and recommended denial of the request for a teen club in Ormond Beach. Mr. Tom Perkowski, owner of Atlantic Shell at 30 S. Atlantic Avenue, stated he does not oppose a teen club, but does oppose a teen club in this area since most businesses close at 6 P.M. leaving the area dark. He voiced agreement with Mr. Burks in that the security guards have no authority, and police officers would be needed. Mr. Perkowski stated Code Enforcement has previously had problems with the owner of this property in setting up a body shop which was not permitted in that area. He stated the office area has no parking and is to be part of the 5,000 square foot building. Mr. Perkowski also expressed concern regarding what will go into the area the wrestling school vacates. He pointed out this building was designed as a warehouse with one set of restrooms for two (2) parcels, but now a teen center is proposed with 25 people in the wrestling school and 200 people in the teen center. Mr. Perkowski asked if it is necessary to obtain a Conditional Use Permit for the land acquired from the bank for parking; whereby, Mr. Lipps replied staff has not seen the lease with Nations Bank and would need to review the lease to determine if the conditions have been met. Commissioner Persis also noted that if the east side of the parking lot were opened, handicapped access should be made available. Ms. Sharon Logan indicated she is an attorney who recently built an office building at 180 Vining Court. She stated she opposes bringing teens into an area that is basically a professional service area that closes between 5:00 to 7:00 PM. Ms. Logan stated the security guards can put people off the teen club property but do not have any authority on anyone else’s property. She beseeched the City Commission to not approve the request. Mr. Christian Fornasieri, 455 Card Avenue, stated he is 18 years old, and the concept of this club is far superior to existing clubs. Mr. David Henry, 272 Cumberland Avenue, indicated that some of the comments made have been insulting as there are good teens who are looking for a safe environment away from the influences of the bars serving alcohol. Dr. Rick Brown stated he is a dentist who grew up in Ormond Beach and has his practice on Vining Court. He agreed there are many good teens, yet stated opposition to the area being proposed. He recommended the City contemplate teen activities in the Nova Recreation Complex. Mr. Riggio stated he gets the impression everyone is for kids as long as they go somewhere else such as Daytona Beach. He indicated it has been stated the security guards have no authority. He asked Mr. Vescovi if he is able to control the crowds in other clubs; whereby, Mr. Vescovi replied he is able to control the children. Mayor Hood stated the point was made that the guards do not have a right, by law, to move or discipline the children. Mr. Vescovi responded that the security guards work very closely with the local police departments. He stated the guards are licensed by the State of Florida and know their jobs. Mr. Riggio noted this building has gone through the Site Plan Review Committee where the restroom issue was addressed. He stated the building will be brought into compliance with the Codes. He stated the Nations Bank parking issue will be taken to staff, and they will go through another Conditional Use Permit procedure if necessary. Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION 99 - 13
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-13, as read by title only. Commissioner Boyle noted it was said that Ormond Beach is not doing enough for the teens, but submitted that Ormond Beach recreation would stand up to any city of its size. He pointed out that Seabreeze High School and local churches also offer a great deal of extracurricular activities for the Ormond Beach youth. Commissioner Boyle stated concern regarding the promises made today and in the past by this property owner. He noted the problem is not so much the concept for a teen club, but the location. Commissioner Boyle agreed with the Development Review Board that the potential impacts are not compatible in the proposed area. Commissioner Irvin stated she is extremely concerned about the social life of the youth and advocates dancing, but she does have concerns regarding the teen club such as the parent drop off, who will monitor the smoking area, who will monitor the identification process, what will happen if a patron is dropped off and leaves, the impact on the neighborhood, and the impact on the Police Department. She stated this type of venture should be sponsored by civic clubs such as the YMCA or church groups where parental guidance is provided. Commissioner Irvin agreed there are good children, and these are the children she wants to protect by providing parental guidance. Commissioner Gillooly echoed Commissioner Boyle’s and Commissioner Irvin’s comments. He stated the property owner has had numerous Code violations in the past, yet the City Commission is now expected to have faith that they will fully comply if the teen club is approved. He stated credibility and reliability are important in approval, yet the owner has shown little in the past. Commissioner Persis stated this is a good project and expressed disappointment that adults say they are for the youth, but oppose the club. He stated there are some legitimate concerns which would need to go through the Development Review Board process but he suggested approving the teen club for a six-month trial period. Mr. Randal Hayes, City Attorney, stated any restrictions the City Commission deems prudent may be attached, but the applicant is asking for approval without a time restriction. He noted that if a time restriction is imposed, it would have to be tied to a specific need. Commissioner Persis agreed the applicant has a poor track record, but he stated he was impressed by the responses to the criticisms brought out at the Development Review Board. He stated it is the parents’ responsibility to see their children enter the building when dropped off and that they stay in the building, and it is unfair to punish all children for some parents not taking their responsibility seriously. Commissioner Persis stated there is no perfect location for a teen club, and while the proposed area may not be perfect, he urged approval on a trial basis to prove if it can work. Mayor Hood agreed the community often shortchanges the youth, and the concept being proposed is good, but he stated he would rather emphasize providing recreational activities such as baseball, basketball, gymnastics or similar activities. He stated he would prefer churches provide night activities. Mayor Hood stated the legal reason he would vote to deny the teen club is due to the history of problems the City has had to make the applicant comply with City codes in the past. Mr. Hayes clarified that a "yes" vote on this motion is to deny the request for a teen club.
Item #8(B) - Amended Coquina Point Planned Unit Development Mr. Lipps explained this project was originally approved in 1989 encompassing the Coquina Point residential section and an area designated as future commercial. He stated three (3) office buildings are being proposed in this commercial area, one of which would serve as the headquarters for the Root Corporation and the remaining to be leased for executive office buildings, all of which were approved by the Development Review Board. Mr. Lipps advised the Root Corporation made two requests: that the staff recommendation for sidewalks along Coquina Point Drive be deleted, and that the number of parking spaces be reduced or deferred. He noted that in 1989 there were no requirements for sidewalks, but the developer has provided sidewalks along Hand Avenue and Clyde Morris Boulevard and internal access along a portion of Coquina Point Drive to service the office use. Mr. Lipps stated the City Manager and Acting Planning Director concur this meets the intent of the Code at that time. He noted the Homeowners’ Association is opposed to sidewalks along Coquina Point Drive, and if constructed, the sidewalk would go nowhere. Mr. Lipps explained the number of parking spaces is set in a formula in the Land Development Code which staff cannot reduce. He stated a text amendment will be processed to the Land Development Code that, if approved, would allow the deferral of certain parking. Mayor Hood asked if staff is in concurrence with the applicant’s request and if it complies with the Land Development Code; whereby, Mr. Lipps replied that it does. Mr. Ron Nowviskie, Property Manager with the Root Organization, stated the Root Organization currently has a private family museum in it’s building on Fentress Boulevard which will be donated to the Museum of Arts and Sciences in Daytona Beach. He noted the Root Organization will no longer need that large building after the memorabilia is donated, thus the Ormond Beach site was chosen for the Root Organization’s corporate headquarters. Mr. Nowviskie stated there will be minimal environmental impact, and a deed of conservation easement for the two (2) acre wetland to the east will be provided. Commissioner Persis advised he resides in Coquina Point and attended the Homeowners’ Association meeting where Mr. Nowviskie gave his presentation. He stated the members expressed their pride in the Root Organization and gratitude that they have kept their word and not sold the parcel, but are planning to construct their flagship office on the lot. Commissioner Gillooly moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION. 99 - 13
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-14, as read by title only.
Item #8(C)(1) - Tymber Creek Subdivision Rezoning Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #8(C)(1). The motion carried unanimously. ORDINANCE NO. 99 - 1
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-1, on second reading, as read by title only.
Item #8(C)(2) - Tymber Creek Townhomes Rezoning Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C)(2). The motion carried unanimously. ORDINANCE NO. 99 - 2
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-2, on second reading, as read by title only.
Item #8(C)(3) - Tymber Creek "Lost Creek" Subdivision Rezoning Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C)(3). The motion carried unanimously. ORDINANCE NO. 99 - 3
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-3, on second reading, as read by title only.
Item #8(C)(4) - Tymber Creek Utility Plant, RV Storage & Future Multi-family Area Rezoning Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C)(4). The motion carried unanimously. ORDINANCE NO. 99 - 4
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-4, on second reading, as read by title only.
Item #8(C)(5) - Tymber Creek Recreation Areas, North & South Rezoning Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C)(5). The motion carried unanimously. ORDINANCE NO. 99 - 5
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-5, on second reading, as read by title only.
Item #8(C)(6) - Tymber Creek Conservation Areas Rezoning Mrs. Norma Russell, 1705 State Road 40, representing her husband Captain Jim Russell, read a letter which stated he owns a parcel of land which has been in his family over 50 years and has been left in its natural state while neighboring areas have been clear cut for development. He indicated a builder developed over a sensitive area and received only minimal fines, but was permitted to continue development. Mr. Russell stated he feels this rezoning would discriminate against them and will cause them to be unable to utilize their land or sell it for the value received by neighboring property owners. He urged the City Commission to oppose this rezoning. Mrs. Russell asked why people with ten acres or more are being discriminated against; whereby, Mayor Hood advised that this is a St. Johns River Water Management District regulation, not an Ormond Beach regulation. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C)(6). The motion carried unanimously. ORDINANCE NO. 99 - 6
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-6, on second reading, as read by title only.
Item #8(C)(7) - Conte/Pelicer Rezoning Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C)(7). The motion carried unanimously. ORDINANCE NO. 99 - 7
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-7, on second reading, as read by title only.
Item #8(C)(8) - Heaster, West Tymber Creek Rezoning Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C)(8). The motion carried unanimously. ORDINANCE NO. 99 - 8
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-8, on second reading, as read by title only.
Item #8(C)(9) - Ormond Lakes, Unit IIA Rezoning Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C)(9). The motion carried unanimously. ORDINANCE NO. 99 - 9
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-9, on second reading, as read by title only.
Item #8(C)(10) - Heitkemper, 800 Cordova Rezoning Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C)(10). The motion carried unanimously. ORDINANCE NO. 99 - 10
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-10, on second reading, as read by title only.
Item #8(C)(11) - Heflinger, 855 South Nova Road Rezoning Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(C)(11). The motion carried unanimously. ORDINANCE NO. 99 - 11
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-11, on second reading, as read by title only.
Item #8(D) - Faircloth Property Annexation ORDINANCE NO. 99 - 12
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-12, on first reading, as read by title only. Commissioner Persis asked if anything other than the water retention area can be built on the rear parcel; whereby, Mr. Mark Dowst, representing the applicant, indicated nothing else can be built on that parcel. Commissioner Persis requested an explanation regarding access. Mr. Dowst explained there are three (3) points of access off Granada Boulevard which have been reviewed by the FDOT and found to be in compliance. Commissioner Persis noted FDOT indicated there may be a need for a traffic light across from Seminole Drive in the future. Mr. Dowst stated traffic and warrant studies have been completed which indicate a light is justified, but FDOT prefers the store be opened and trips counted. He stated it is anticipated to have a signal; the question is if FDOT will allow it to be operational from the date of opening, or if it will have to be delayed until the trip counts are reported. Commissioner Persis noted there has been excellent cooperation on this project between the City of Ormond Beach, Volusia County, and the developer.
Item #8(E) - Clarifying Recreational Vehicle/Boat Storage Ordinance Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 99 - 13
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-13, on second reading, as read by title only. Commissioner Persis stated clarifying language may be necessary relating to the intent of the ordinance regarding the height limit. He stated it is unclear if the height of ten (10) feet is inclusive or exclusive of the air conditioning unit or other accessories. Mayor Hood indicated he understood the ten (10) foot limitation included everything from the ground to the top of the unit, and Commissioner Persis stated he understood the opposite. Commissioner Persis stated he had wanted to grandfather in those who were in compliance. He recommended adding language that would state, "no vehicle shall exceed ten (10) feet in height and no permanent or temporary accessory item or equipment affixed to the top of such vehicle shall exceed an additional one (1) foot in height, such that when the accessory item or equipment is affixed to the vehicle, the vehicle, inclusive of the accessory item or equipment, shall not exceed 11 feet in height." Mayor Hood stated if Commissioner Persis is asking to reconsider this issue, it must be placed on another agenda for discussion; whereby, Mr. Hayes explained that if there is a general consensus that the language needs to be clarified for the original intent, it could be discussed at this meeting, but if the original intent was that the ten (10) foot height limit, regardless of accessories is ten (10) feet, then it should go back to the Planning Board for reconsideration. Commissioner Boyle stated he agreed with Commissioner Persis that the extra foot for accessory items should be permitted; however, the original vote was clear that this was not proposed and an absolute ten (10) feet height limit was imposed. Mayor Hood stated he construed the motion by Commissioner Persis to be to send this back to the Planning Board by virtue of the fact that at least one City Commissioner does not agree that the extra foot was considered at the time of the vote. Commissioner Persis indicated he does not wish to open up the entire issue, rather only clarify the ten (10) or ten (10) foot plus one (1) foot for accessories height limit. Mayor Hood stated the motion can specify that only this one issue be discussed. Commissioner Persis moved, seconded by Commissioner Boyle, to send only the issue of allowing recreational vehicles ten (10) feet in height plus one (1) foot for accessories back to the Planning Board for review. Mr. Miller reported there are 23 citations for exceeding the height limit; whereby, Mayor Hood asked that these citations be abated until the City Commission makes a final determination. Commissioner Gillooly stressed the importance of clarifying the intent of this ordinance properly.
Item #8(F) - Replacing References to Code Enforcement Board with Special Master Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 99 - 14
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-14, on second reading, as read by title only.
Item #8(G) - Conditional Use Permit without an Application for a Building Permit Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(G). The motion carried unanimously. ORDINANCE NO. 99 - 15
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-15, on second reading, as read by title only.
Item #9(A) - Neighborhood Improvement Advisory Board Appointment RESOLUTION. 99 - 15
Commissioner Gillooly moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-15, appointing Dorothy Bannister as a member of the Neighborhood Improvement Advisory Board.
Item #9(B) - Firefighters’ Pension Trust Fund Appointment RESOLUTION. 99 - 16
Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Resolution No. 99-16, appointing John Malafronte as a Trustee of the City of Ormond Beach Firefighters’ Pension Trust Fund.
Item #10(A) - Policies of Ground Leases and Fixed Base Operators Commissioner Boyle stated the City gave control of airport land in September of 1994 and July of 1997 to two (2) separate tenants for a 30-year period for no rent and no restrictions on when development must begin. He questioned what process was followed. Mr. Fred Baughman, Economic Development Director, explained that, historically, the contract language mirrored these leases, but within the last two (2) years the language was changed so current leases have a specific construction date when the tenant must begin construction. He noted the lease entered into in 1997 is for a parcel with no access road or utilities, which is the probable reason it has not been developed. Commissioner Boyle asked if the City has any indication when construction will begin; whereby, Mr. Baughman stated he has not had any indication of pending construction from the tenants. Mr. Baughman noted the lease entered into in 1994 has three (3) parcels, two (2) of which have been developed; therefore, legal obligations may be met. Commissioner Boyle requested the following be supplied at a future meeting: copies of the leases, a determination if the two (2) leases are legal in light of the new City polices for recent applicants, and a report on the status and intentions of the companies involved. Commissioner Boyle asked Mr. Baughman if he would report back to the City Commission and determine if, after awarding FBO status, the FBO’s are currently functioning according to the pre-established criteria which was set. Mayor Hood asked Commissioner Boyle to give Mr. Baughman specific complaints, and Commissioner Boyle advised he would do so. Item #10(B) - Chamber of Commerce Board of Directors Appointment Commissioner Gillooly explained his objection to the appointment by the Chamber of Commerce of a representative of the City Commission is that it is the City Commission’s right and responsibility to make the appointment; therefore, he believes the Chamber, with the best of intentions, overstepped its prerogative. He stated he has no objection to Mayor Hood sitting on the Board because he has served the City admirably in the past. Commissioner Gillooly asked the Chamber to rescind Mayor Hood’s nomination to the Board, and he will, in turn, nominate Mayor Hood to the Board of the Chamber of Commerce to represent the City Commission. Commissioner Gillooly moved, seconded by Commissioner Irvin, to nominate Mayor Hood to the Board of the Chamber of Commerce to represent the City Commission. Commissioner Boyle noted the reason this issue was originally introduced was because of the question of whether the City Commission should appoint any of its member to an organization who has bylaws that are to be and remain apolitical; therefore, a conflict is set up when a politically elected member is appointed to that Board. He also raised concern that other organizations may ask the City Commission to appoint members to their boards. He noted several very positive things have recently occurred within the Chamber, such as the appointment of the new director, Peggy Farmer. Commissioner Boyle stated the City Commission and Chamber of Commerce have a lot in common in that they both give a great deal of time and resources for a better Ormond Beach. He stated he is looking forward to working with the new liaison, Mr. Lew Slaughter, and these factors open the possibility of a new era of open communication between the two (2) organizations. Commissioner Boyle recommended deleting this appointment from the contract. He emphasized he realizes that Mayor Hood serves the City Commission admirably and at a great personal sacrifice by serving on this Board, and it was not meant to be a criticism of Mayor Hood’s service. Commissioner Irvin asked if the Chamber Board’s meetings are open to the City Commission. She stated if they are open, it is possible the appointment is not needed; but if an appointment is made, it should be made by the City Commission. Commissioner Irvin noted that since the Mayor represents the entire City and not a specific zone, he should be the representative. Commissioner Gillooly stated it may be mandated by State law to have representation because public funds are given to the Chamber of Commerce. Commissioner Persis agreed with Commissioner Irvin that the person elected by the entire City should represent the City rather than a Commissioner representing one zone. He stated that Mayor Hood should represent the City at this time, but it may be time for the Chamber to consider changing the contract to read "or a City representative" which will give the City the option to appoint the City Manager or a designee to avoid any further misunderstanding. Mayor Hood stated this is a one (1) year contract, and when the next contract is being negotiated, this issue should be dealt with. Commissioner Boyle recommending changing the language of the contract now or at the next contract time to read that the appointment should be whoever serves as mayor.
Mayor Hood recommended the Chamber discuss the City Commission’s concerns regarding the aforementioned policies. Mr. Kevin Connors, Chairman of the Board of Director of the Chamber of Commerce, stated the Chamber and City are working in unison for the business community, and they believe it is imperative the Chamber and City work together and have open communication. He stated the Chamber has not had an official meeting this year, but will discuss these issues at the next meeting on January 29, 1999. Mr. Connors noted the Board meetings are open to the public, City staff and City Commissioners, and any Commissioner is welcome to speak on any issue being discussed by the Board at any time. Commissioner Gillooly assured Mr. Connors that he fully supports the Chamber of Commerce and agrees progress will only be made if the City and Chamber work together cooperatively. Item #10(C) - Seasonal Holiday Sales Mayor Hood stated certain groups have sold pumpkins at Halloween and Christmas trees at Christmas time for many years, yet this year the Code was interpreted to indicate that this type of sale is not permitted. Mayor Hood recommended exceptions be made for seasonal sales such as Christmas, Halloween and Independence Day. He stated Gentry Tree Farms have been selling trees at Christmas time on Nova Road for 15 years; but without a charity involved, he was not allowed to sell his trees, while down the road another company selling trees was cited, but he was able to get the Kiwanis Club involved so he could comply with the Code. Commissioner Persis recommended adding special events such as Bike Week, Octoberfest, etc., to this consideration. Mr. Ted MacLeod, Public Works Director, explained different portions of the Code apply to these type of activities; thus, he suggested working with only Christmas, Halloween and Independence Day at this juncture and dealing with the others at a later date. Commissioner Irvin advocated establishing clearly defined policies without loopholes. Mr. Miller stated the City has already received a request regarding changing the Land Development Code regarding Bike Week; thus, this issue is being dealt with. The consensus of the Commission was to begin procedures to change the Land Development Code regarding exceptions for Christmas, Halloween and Independence Day sales. Item #10(D) - Nova Road Widening Mayor Hood advised a letter from Nancy Houston has been provided. He stated a meeting is scheduled with he and Mr. Miller and, Port Orange’s Mayor and City Manager to discuss the proper course of action, including meeting with Governor Jeb Bush in hopes he will be able to arrange for the FDOT to discuss the situation. Mr. Miller advised that at the Metropolitan Planning Organization (MPO) meeting next Tuesday, a resolution will be offered, supported by the entire MPO. He stated a tentative meeting has been set up to meet with Nancy Houston for 5:00 PM or 5:30 PM on February 1, 1999. The consensus of the Commission was to meet at 5:30 PM. Commissioner Gillooly noted that at the last meeting he recommended an advisory board be set up such as in Port Orange. He stated Mr. Lipps advised that Port Orange appointed this board to discuss the width of the road, but since a design has already been chosen, it may be unnecessary to address this issue with an advisory board in Ormond Beach. Commissioner Gillooly asked what design has been determined; whereby, Ms. Sloane explained the section from Flomich Avenue to Wilmette Avenue is six-laned with curb, gutter and sidewalks on both sides and the section from Wilmette Avenue to US #1 is four-lanes with curb, gutter and sidewalks. Item #11 - Audience Comments On Agenda Items A representative of the Trails Kiwanis Club advised the vendor referred to by the Mayor was hired to sell trees for the Kiwanis Club from the start; whereby, Mayor Hood stated he did not accuse this gentlemen of doing anything wrong, but explained that he felt the gentleman was being treated unfairly. Item #12 - Reports, Suggestions, Requests Dogs In City Parks Commissioner Boyle asked if dogs are allowed in any City parks; whereby, Mr. Ted MacLeod, Public Works Director, stated dogs are allowed in some areas, but owners must use a scooper. Office Depot Retention Pond Fence Commissioner Boyle expressed appreciation to Mr. MacLeod for following up on the fence being installed at the Office Depot retention pond. Durrance Acres Commissioner Boyle stated constituents advised him work was proceeding this weekend at the Durrance Acres site. He noted he was told no further work would be done on the site until a permit was issued, and the permit would not be issued until the prior violations were remedied. He recommended staff be vigilant regarding this project. Commissioner Boyle questioned why a fence was permitted after the developer so flagrantly ignored the City’s rules. Mr. MacLeod explained the developer was replacing a fence destroyed during the wildfires, so he had a right to replace this fence without notifying the City. He stated the developer has been advised he must remove some of the fill or move it around. Commissioner Boyle asked if Volusia County has reported to the City or made any determination regarding this site; whereby, Mr. MacLeod advised he does not know if the County has contacted the City, but the City is taking control of the activity on this parcel. Seabreeze Tennis Team Commissioner Boyle asked for an analysis as to how the fees were placed at $1,100 for the Seabreeze Tennis Team. He stated when the skateboard park was being discussed, a suggestion was made to eliminate two (2) tennis courts because of under utilization. Mayor Hood asked this be placed on the next agenda. Mr. Alan Burton, Leisure Services Director, stated the issue was having the courts free as opposed to membership, but the rental of the facilities is a different issue. Bayberry Court Commissioner Irvin stated that a very important issue to her is recreation for the youth. She stated Mr. Milton Pepper donated the land for the Bayberry Court Park, and he was very pleased with the results. Commissioner Irvin advised he is very ill, and his son called to ask the park be named after his father. She recommended the City Commission consider naming the park after Milton Pepper as soon as possible. Mayor Hood asked that this be placed on the next agenda for consideration. South Ormond Street Celebration Commissioner Irvin expressed appreciation to the citizens for their support and attendance at the first South Ormond Street Celebration. She thanked Officer Joe Kearsch who worked with the Neighborhood Watch committee under the leadership of Erlean Turner. Commissioner Irvin stated if anyone would like to contribute to this effort, to contact Officer Kearsch. Commissioner Gillooly commended the Police Athletic League for the marvelous job they did with the South Ormond Street Celebration. Bike Week Commissioner Persis asked to have copies of rules related to where property owners and outside vendors can sell their wares during Bike Week supplied. Item #13 - Close The Meeting The meeting was adjourned at 9:50 PM. |
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