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SEPTEMBER 7, 1999 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma B. Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Beth Hoskins, Ormond Beach Presbyterian Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the minutes of the August 24, 1999, 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 Gillooly, to approve the minutes as submitted.
Item #5 - Audience Remarks Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, stated last fall Mayor Hood commended Ormond Beach’s Police and Fire Departments, as well as many general City employees for the way they handled the fire crisis. He noted Mayor Hood challenged the citizens to the same attitude of selflessness to solve other daunting problems. Mr. Cook stated he reported that he had a problem regarding truth, and this problem was ignored. Mayor Hood advised that Mr. Cook has been meeting with staff and elected officials since the incident about which he had complained occurred in 1989, a letter of apology was sent to Mr. Cook by the City Manager, and nothing more can be done. He explained that Mr. Cook’s problem occurred before the present Commission was elected and before Mr. Miller had been hired as City Manager. Honoring Reverend Anthony and Edna Laws Hooks Ms. Alice Henry, 193 Bosarvey Drive, advised there was a tree and a rock with a plaque in memory of Reverend Anthony Hooks at the South Ormond Neighborhood Center, which is now gone. She asked that the plaque be replaced. Ms. Henry also requested a flowering tree be planted with a marker in memory of Edna Laws Hooks for her contributions to the City. Mayor Hood asked Mr. Miller to follow up on Ms. Henry’s requests and bring them back to the City Commission for consideration. Private Pond Maintenance Mr. Dean Reasy, 49 Pine Trail, reported he and his neighbor own a private pond, and eight (8) years ago he called the City because the bank of the pond was deteriorating. Mr. Reasy noted the private pond is being used by the City for drainage, but the City expects him to dredge the pond and take care of the erosion. He stated he has a perpetual agreement written by Attorney Thomas Cobb. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, if the City uses this pond for drainage; whereby, Mr. MacLeod stated the City has an easement to allow for drainage, but the City is not required to maintain the shore of the pond. Mr. MacLeod noted last year the City supplied Mr. Reasy with surplus rock. Mayor Hood requested this item be discussed at the next meeting and that Mr. Reasy be informed of the date of said meeting. FEMA Flood Map Mr. Wayne Stoner, 17 Spiveys Court, asked if the City is planning to appeal the new FEMA flood map. Mr. MacLeod advised the City’s Engineering Department is working on this issue and plans to have a response ready by October 1, 1999. Mayor Hood asked that a copy be supplied to Mr. Stoner. Item #6 - 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 Gillooly moved, seconded by Commissioner Persis, for approval of the Consent Agenda.
Item #7(A) - Removal of Historic Tree at 454 South Beach Street Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(A). The motion carried unanimously. RESOLUTION NO. 99 - 151
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-151, as read by title only.
Item #7(B) - Removal of Historic Tree at 125 Bennett Lane Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(B). The motion carried unanimously. RESOLUTION NO. 99 - 152
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-152, as read by title only.
Item #7(C) - Removal of Historic Tree at 794 East Victoria Circle Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(C). The motion carried unanimously. RESOLUTION NO. 99 - 153
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-153, as read by title only.
Item #7(D) - Location of Public and Private Schools Within the City Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(D). The motion carried unanimously. ORDINANCE NO. 99 - 37
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-37, on second reading, as read by title only.
Item #8(A) - Outdoor Display and Sale of Products ORDINANCE NO. 99 - 40
Mr. Don O'Donniley, Planning Director, noted the staff recommendation is to amend the B-5 and I-I districts to permit outdoor storage as an accessory use. He noted there was a division of opinion in the Planning Board; some members stated it set an unfortunate precedent, while others said it did not accomplish what was intended. Mr. O'Donniley reported staff advised it offers legitimate development opportunities. Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-40, on first reading, as read by title only. Commissioner Boyle noted the applicant would still need to go through a Conditional Use Permit (CUP) process offering additional protection to the City, and the Ordinance does meet the full intent of the spirit of what the Land Development Code was trying to accomplish. Commissioner Persis asked the location of the area that would be affected. Mr. O'Donniley stated the principal area would be US #1 and Nova Road, but the entire B-5 and I-1 Districts would be included. He stated the storage is not restricted as to front, rear, or side yard, but does require an opaque fence or wall six (6) feet high and products stored within shall not be visible from adjoining property or any public right-of-way. Mr. O’Donniley stated as an accessory use, all CUP’s would come back to the City Commission regardless of the size of the business except 10% is permitted within the I-1 District. Commissioner Persis expressed concern regarding the "flea market" appearance which was noted in the Planning Board meeting; whereby, Mr. O'Donniley explained this Ordinance would not permit this type of sale. Commissioner Persis asked if this Ordinance would discriminate against the small business owner. Mr. O'Donniley explained this Ordinance may favor smaller businesses because a larger business is better able to afford the price of the planned business district with the overlay provisions. He stated there are safeguards where the Commission can determine the impact on adjoining uses. Commissioner Gillooly asked if this Ordinance is to allow a business owner to display their products; whereby, Mr. O'Donniley explained that it is, but in a very controlled environment. Commissioner Gillooly noted the Planning Board unanimously voted against this Ordinance.
Item #8(B) - Florida Urology Rezoning ORDINANCE NO. 99 - 41
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-41, on first reading, as read by title only.
Item #9 - Appointing Members to the Aviation Advisory Board RESOLUTION NO. 99 - 142
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-142, as read by title only.
Item #10 - Outside Seating On Private Commercial Property Commissioner Boyle stated the report notes that the Land Development Code does not currently prohibit outdoor seating at private shopping centers, that the mechanism to use is a requisite site plan amendment to the original site plan. He asked that the procedure and the cost be explained to the applicant; whereby, Mr. O'Donniley explained the request would go to the Site Plan Review Committee, and staff would make the decision. Assistant City Attorney George Lewis clarified that the fee is $100.00. Commissioner Boyle asked if the business owner can file the application or if the property owner has to file the application. Mr. O'Donniley stated the property owner would need to give permission, but that can be provided by a letter. Item #11 - Audience Comments On Agenda Items There were no audience comments. Item #12 - Reports, Suggestions, Requests Items To Be Discussed At Future Meetings Commissioner Boyle asked the status of his request at the last meeting regarding scheduling discussions regarding VCOG and economic development parameters on a future agenda. Mr. Eugene Miller, City Manager, stated the VCOG status discussion will be scheduled for the next City Commission meeting. Mayor Hood asked that the item regarding policy parameters for staff regarding economic development negotiations be placed on the agenda for the last meeting in October. Northbrook Sidewalk Commissioner Boyle reported staff defended its work and that of the Contractor with the residents of Northbrook in a lengthy report in the "Friday Letter" received by the City Commission. He stated the City did not keep all its commitments and rules were not equally applied to all residents. Commissioner Boyle provided a photograph of the forms for the sidewalk at 931 Northbrook Drive where there is a crossbar on the mailbox extending over the sidewalk, and stated that at 943 Northbrook Drive, the sidewalk was moved four (4) feet because of the crossbar on the mailbox. He stated other areas where the City did not keep their commitments are the sodding, the slopes, and the cut television cable lines. Commissioner Boyle reported that because this was an extremely sensitive issue, all residents should be satisfied, and they were not. Ames House Renovations Commissioner Boyle stated he was appalled by the state of the finish work in the Ames House renovation project. He showed pictures of scrap wood used to extend the base molding and door trim area; paint splashed on lighting fixtures, windows, hinges, and the wood frame around windows and doors; areas that do not line up; and hammer marks on the wood. Commissioner Boyle noted the contract states the work "will meet industry standards," and this work cannot possibly meet industry standards. He asked this item be placed on a future agenda for a complete accounting of these problems. Mr. Ted MacLeod stated Commissioner Irvin brought this issue to his attention earlier today, and he is meeting tomorrow with the architect to determine what, if anything, was done improperly and what needs to be done to correct it. He stated the contractor, Saboungi, will be held accountable for the work he was to do. Mayor Hood noted he has been on the Commission for eight (8) years, and Saboungi has done many jobs for the City that have been first rate, timely, and under budget. He asked that this be placed on the next agenda. Budget Meeting Commissioner Boyle stated at last year’s budget meeting, all five (5) members of the Commission were not able to attend, and he urged the entire Commission to attend this very important meeting tomorrow evening. Ames House Renovations Commissioner Irvin agreed with Commissioner Boyle that the quality of work done at the Ames House was not very good, but she advised she had met with Mr. MacLeod and he had offered to inspect the building and deal with the situation. She stated she is hopeful Mr. Saboungi will correct the problems that exist on this job. Citizen Surveys Commissioner Gillooly commended Police Chief Larry Mathieson for the rating the Police Department received in an independent study of police services given to citizens. He stated there are other surveys coming in for other City departments with very favorable comments, but these surveys are not yet completed. Sidewalks Commissioner Persis stated staff had lived up to the commitments made to the residents of Northbrook for this very complicated project. He noted staff spent more time with the residents of Northbrook than they did with residents where all the other sidewalk projects were built. Commissioner Persis expressed appreciation to staff for the update on the Sidewalk Master Plan. He noted where sidewalks are concerned, not just the residents who live where the sidewalks are being constructed, but all the current and future residents of the entire City who will use the sidewalks must be considered. Seabreeze Recreation Fees Commissioner Persis asked if there is any new information regarding Seabreeze recreation fees; whereby, Mr. Miller replied he will meet with the Superintendent of Schools on Friday. Tomoka Oaks County Club Water Reuse Commissioner Persis asked the status of connecting the Tomoka Oaks County Club to the water reuse system with the assistance of a St. Johns River Water Management District grant. Mr. MacLeod answered that Tomoka Oaks County Club is in the midst of discussions with the St. Johns River Water Management District regarding the financial viability of hooking into the reuse system. Arroyo Parkway Water and Sewer Extension Commissioner Persis questioned the status of the Arroyo Parkway water and sewer extension; whereby, Mr. MacLeod noted staff is sending out a survey either late this week or early next week to gauge the interest and support in the community for funding the water and/or sewer extension. Speeding on Riverbeach Drive Commissioner Persis advised that a constituent reported speeding cars on Riverbeach Drive and Wild Olive Avenue. Chief Mathieson stated he would investigate the situation. Riverside Drive Closure Mr. Miller stated the Florida Living History Festival is scheduled for September 25 and September 26, 1999, and there is an educational field day scheduled for September 24, 1999. He requested authority to close Riverside Drive early September 23, 1999, to September 27, 1999. Commissioner Gillooly moved, seconded by Commissioner Irvin, to close Riverside Drive on September 23, 1999, to September 27, 1999. The motion carried by general consent. City Managers’ Conference Mr. Miller noted the International City Managers’ Association (ICMA) Annual Conference will be held in Portland this year. He requested substituting the National League of Cities conference scheduled for the end of November in Los Angeles for the ICMA conference. No objections were made. Item #13 - Close the Meeting The meeting was adjourned at 7:52 PM. |
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