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NOVEMBER 3, 1999 7:00 PM Present were: Deputy Mayor Frank Gillooly, Commissioners Jeffrey J. Boyle, Thelma B. Irvin, 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 Mayor Hood read a proclamation commemorating the 80th anniversary of the official day of remembrance for the armistice of World War I, honoring all veterans who willingly served or sacrificed their lives for the freedom of the United States. He urged all citizens to support the observance of Armistice Day, now called Veterans Day, on the eleventh hour of the eleventh day of eleventh month by a moment of silence as a patriotic remembrance of all those who have served and died for our country. The invocation was given by Mr. John Huisman, Chaplain for the American Legion Post 267. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4(A) - Approval of Minutes Mayor Hood advised the minutes of the October 19, 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 - Ormond Senior Games Week Ms. Peggy Grubiak, Ms. Eula Smerglia, Ms. Anna Ellingwoth, Commander Pat Gavin, Ms. Dorothy Smith, Mr. John Huisman, Mr. George Farley, and Mr. Harry Goater of the Veterans of Foreign Wars, Post 4319, presented Mayor Hood with a Certificate of Appreciation for his patriotism and support of the veterans of all wars. Mayor Hood expressed appreciation for all that the veterans have done for this great country. Item #6 - Audience Remarks City Hall Tree Mr. Art Nustad, 204 Saddle Creek Trail, questioned why the large tree was removed from the courtyard at City Hall. Mr. Ted MacLeod, Public Works Director, explained the City’s landscape architect, Bill Butler, advised the City that the tree was diseased and in peril of falling on the library during one of the storms Ormond Beach has been subjected to; therefore, the tree was removed. He noted another tree will be planted to replace it. Code Enforcement Complaint Mr. Lawrence Cook, 1529 North Beach Street, stated that at the last meeting he asked Mayor Hood to compare the dates on the letter he described with the date of Mr. Miller’s hiring as City Manager. Mayor Hood stated Mr. Cook has been addressing this issue before the Commission so often that the Commission will no longer consider it. 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 Persis moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda as presented.
Item #8(A) - Vanguard South 40 Offices Mr. Willard Berg, 114 Horseshoe Trail, vice-president of the Trails South Forty Homeowners’ Association, stated the Homeowners’ Association sent a letter to Senator Locke Burt, Representative Evelyn Lynn, Secretary to the Department of Transportation (DOT) in DeLand, Nancy Houston, and Secretary to the Department of Transportation in Tallahassee, Thomas Barry. He advised he has received letters from Senator Burt and Representative Lynn informing him that DOT has agreed to surplus land so the entrance can be made from SR 40 to the Vanguard development. Mr. Berg questioned if there would be a buffer between the residential and commercial sections; whereby, Mr. Don O'Donniley, Planning Director, explained a landscaping requirement will be imposed. Mr. Art Nustad, 204 Saddle Creek Trail, showed photographs of the recently repaired island at the entrance to Sage Brush Trail. He requested that during construction, the developer not be permitted to drive trucks around the island, but be required to use Hull Road to exit onto SR 40. Mr. Doyle Tumbleson, member of the law firm of Kinsey Vincent Pyle and residing at 72 Country Club Drive, stated that at the previous public hearing the Commission was told by the City’s planning director and city attorney that all the land development conditions had been met, and it was not only appropriate, but required of the Commission, to approve the project. Mr. Tumbleson stated that in spite of this advise, the City Commission tabled the issue for six (6) weeks resulting in damage to the applicant. He urged the Commission to move this item forward and approve the application tonight. Mr. Tumbleson asked the Commission to also consider issues such as the cost of design and construction of the cut through. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(A). The motion carried unanimously. RESOLUTION NO. 99 - 164
Commissioner Boyle expressed appreciation to the Trails South Forty Homeowners’ Association and Representative Lynn for their efforts. He advised the reason this item was tabled was to allow the Homeowers’ Association to make the decision to have their own traffic study to challenge the information given to this Commission. He stated the need for this was precluded, and the Commission is now ready to vote on this issue. Commissioner Boyle advised he is hopeful the contractors will cooperate as much as possible through the construction phase. Commissioner Boyle referenced the letter from Kinsey Vincent Pyle which stated if this was not approved on October 19, 1999, there would be legal proceedings taken against Ormond Beach and individual members of the City Commission. He stated he is now ready to vote for this Conditional Use Permit in spite of this letter, not because of it. Commissioner Boyle noted he did not receive any documentation, but advised that according to the letter, there are still some legal proceedings ongoing against the City. Commissioner Boyle noted there are level of service issues and trip accommodations for two (2) lane residential roads with no outlet. He recommended that during the comprehensive review of the Land Development Code this City will shortly be undertaking, this issue be considered. Commissioner Gillooly stated he also received the letter from Kinsey Vincent Pyle and advised that he was in no way intimidated by this letter. He stated he will vote for approval and explained the only reason for the delay was the egress on SR 40. Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-164, as read by title only.
Mayor Hood abstained due to a conflict of interest as noted at the prior hearing. Item #8(B) - Historic Tree at 3 Indian Head Drive Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(B). The motion carried unanimously. RESOLUTION NO. 99 - 191
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-191, as read by title only.
Item #8(C) - First Cycle 1999 Comp Plan Amendments Mr. Paul Duffett, 458 Riverside Drive, stated the he is the owner of the property being affected in Item #8(C)(4). He stated changing the designation from high to medium density would reduce the value of his property. Mr. Don O'Donniley, Planning Director, stated the zoning would remain R-6 which would be more consistent with the medium density designation, and development rights would be unaffected. Mayor Hood clarified that Mr. Duffett would still be able to develop at the same level of density and has no adverse or prejudicial impact to his property. Mr. O'Donniley agreed with Mayor Hood’s analysis and added this change is merely a map correction. Mr. Duffett stated that as long as the records show there will be no reduction in the level of units he would be able to develop, he has no objection to the proposed change. Commissioner Irvin stated the language needs to be clear; whereby, Mr. O'Donniley stated this is not a necessary change, merely a clean-up procedure. Mayor Hood advised that since this is unnecessary and Mr. Duffett has objections, it should be deleted. Mr. Henry Liedke, 333 North Yonge Street, spoke regarding Item #8(C)(3). He stated there is a possibility that if this change is allowed, alcohol could be served at a club in that location. He stated the intersection of North Yonge Street and Wilmette Avenue could be prone to more accidents, and he recommended the Masonic Lodge expand to the north rather than into this adjacent property. He urged the City Commission to deny this request as it is not in the best interest of the residents of Ormond Beach. Mr. Elmer Geralds, 1 Setting Sun Trail, a trustee of one of the bodies that meet in the Masonic Lodge, stated the zoning is being reduced from industry to institutional, which should be advantageous to the residents. He explained the designation on the second lot will be raised from residential to institutional. Mr. O'Donniley clarified there are two (2) lots involved, and both would be zoned Government/Institutional. He noted one lot will have the zoning reduced from Heavy Commercial and the second would increase the zoning from Low Density Residential. Mr. O'Donniley stated this would even the boundary out, and it is affecting only the land owned by the Masonic Lodge. He explained the types of buildings permitted in the Government/Institutional zoning is a Masonic Lodge, day care, parks, or other public use, but this would not permit commercial development. Commissioner Irvin pointed out that this designation would permit the sale of alcohol. Mr. Roy Longo, 327 North Yonge Street, stated he is affected in two (2) ways: he lives across the street from the site and is a member of the Masonic Lodge. He explained the Masonic Lodge does not allow alcoholic beverages, but he expressed concern if the Masons were to move and another organization that does allow alcoholic beverages would occupy the space, the residential neighborhood would be affected. Mayor Hood asked why the zoning change was requested; whereby, Mr. Longo stated the request was made because the Masons wish to expand. Mr. O'Donniley explained the expansion would be on the lot currently designated residential. He noted this has already been approved and transmitted to the State, and this is merely the second step in this process. Mr. O'Donniley stated by reducing the designation from Heavy Commercial, the uses permitted are very restrictive as opposed to what would be permitted under the current designation, in essence, improving the protection to the neighborhood. Commissioner Gillooly pointed out this has previously been discussed and a decision made to approve the request. Mr. Robert Boggess, 119 Ray Mar Drive, secretary of the Masonic Lodge, stated this property was purchased in 1955, and the Masons have been good neighbors. He noted their State charter bars alcohol on the property. Mr. Boggess stated the goal is to provide room for storage. He stated this request would accommodate their needs and inoculate the community from further commercial development. Mr. Henry Liedke advised this is a residential neighborhood, and the neighbors want to see it kept residential. Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 99 -50
Commissioner Persis moved for approval of Ordinance No. 99-50, except for Item #4, on first reading, as read by title only. The motion died for lack of a second. Commissioner Irvin moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-50, Items #1 and 2, on first reading.
Commissioner Persis moved for approval of Item #3. Commissioner Boyle seconded the motion to open it for City Commission discussion. Commissioner Boyle stated there was an hour of discussion at the Planning Board level, but it is unclear what the future of this Public/Institutional designation might be if the lodge would move. He noted one of his rules when the City wants to make a change is to always protect the homeowner, and there are objections among the homeowners in this case. Commissioner Boyle advised for that reasons he will vote "no" for this motion. Commissioner Persis asked Mr. O'Donniley to elaborate of the fact that this had previously been passed; whereby, Mr. O'Donniley explained this had been previously passed when the City Commission transmitted the proposed to the State for their review. He pointed out the uses permitted as a matter of right would be for not-for-profit clubs and fraternal organizations, an assisted living facility, child care, community residential home, house of worship, public utility, ranger’s residents, and a school would be permitted by Conditional Use. Mr. O'Donniley stated the Masonic Lodge cannot expand on the lot as it exists because it would invade area that would be required for parking to serve the expansion. He advised there is very little potential for any reuse of this structure that could harm the residential character across the street. Commissioner Persis noted safeguards are built into this since anything objectionable would need to come through the City Commission. He asked what type of structure could be built under the current zoning; whereby, Mr. O'Donniley explained for profit operations of a commercial nature, the very type of operation the residents are trying to avoid, would be permitted. Commissioner Persis stated if the change were approved, the City Commission would be offering more protection to the homeowners, than to leave it as it presently is. He stated he is also trying to protect the homeowner and favors the proposed change. Mayor Hood agreed with Commissioner Persis in that if this is not approved, there is a greater potential for something going into this area that the residents will object to even more strenuously than the existing lodge. He agreed that expanding to the north is not a viable option, and the proposed change protects the homeowners far greater than if it is left unchanged. Commissioner Gillooly expressed agreement with Mayor Hood. He noted that while he sympathizes with the homeowner, they will be vulnerable to a worse use of the property than presently exists. Commissioner Gillooly stated that at the Planning Board meeting he understood there was a compromise reached between the residents and the lodge. Mr. O'Donniley explained the original proposal was for the two (2) adjoining lots to also be changed, but because of concerns, staff relented and asked for the change in only the land owned by the Masons. He pointed out these lots have been vacant a long time, and this would promote a sound development. Commissioner Boyle stated that there is the potential to do something different with this land, but the deciding factor is if the perception of the current homeowners. Commissioner Irvin noted agreement with Commissioner Boyle. She stated this is a residential neighborhood and questioned how the lodge was permitted; but since it exists, this would only make matters worse.
Item #9 - Pet Park Commissioner Boyle reported he has heard a radio broadcast of a planner in Sarasota County who elaborated on the success and low cost of pet parks in Sarasota, which have more amenities at half the cost. He noted that fencing on the east coast of Florida appears to be double the cost of that on the west coast of Florida explaining the cost difference. Commissioner Boyle stated Holly Hill, Ormond Beach and Volusia County do not need to build three (3) separate pet parks. He recommended option 2(B) which is to explore a joint project with Volusia County and Holly Hill, sharing the cost to be located in a proximity to all three (3) government entities. He stated if that were to fail, then Ormond Beach should explore the possibility of building a pet park of its own. Commissioner Boyle pointed out if Ormond Beach is the only entity to offer a pet park, there will be dog owners from all over the County using a park Ormond Beach residents built and paid for. He stated this approach may mean a longer time frame, but this 30 to 60 day delay would allow time for the governments to meet. Commissioner Boyle noted that out of respect to the new Zone 4 Commissioner, regarding the recommended Central Park location, it would allow her time to ascertain the neighborhood reaction. Commissioner Boyle moved, seconded by Commissioner Persis, for approval of option (2)(B) which is to pursue construction of a pet park with Holly Hill and Volusia County at the reclamation site. Mr. Jack Schwartz, 436 South Nova Road, offered to play an audio recording of the radio interview Commissioner Boyle mentioned; whereby, Mayor Hood stated it was unnecessary to hear the tape to vote on this issue. Mr. Schwartz stated Ormond Beach should have a dog park of their own. He noted that he spoke to Holly Hill’s City Manager who stated if this venture with Ormond Beach continues or not, Holly Hill will construct a park of their own. Mr. Schwartz stated this could take a year to a year and one-half while Ormond Beach could build a park in three (3) to six (6) months. Mr. Schwartz asked Mr. Burton what would happen if there were a surplus of funds if the City Commission approved the figures he recommended, and Mr. Burton’s response was that it would go back to the General Fund. Mr. Schwartz recommended a motion to go ahead with this park in Ormond Beach as an incentive for other communities to go ahead with their parks. Ms. Barbara Neumeyer, 536 Sandy Oaks Boulevard, stated there is presently no place in the City or the County where dogs can run and get good exercise. She stated the park is needed now. Commissioner Boyle stated it may be helpful to read a transcript of the aforementioned radio program, but the location is a critical issue. He noted if Ormond Beach does construct it’s own park, the location issue needs to be decided at a later date when a new commission is seated. Commissioner Gillooly made a motion to amend by stating if option (2)(B) does not work, passing option (2)(C), which is the Holly Hill property adjacent to the Volusia County line. Commissioner Boyle pointed out the all but a four (4) foot perimeter of this site is a lake; therefore, it is not an option. Commissioner Gillooly withdrew his motion to amend. Mayor Hood clarified that the Central Park site and the Holly Hill reclamation site are both 1.2 acres.
Item #10 - Audience Comments On Agenda Items Dog Park Mr. Schwartz expressed his disappointment in placing the Holly Hill location ahead of the Ormond Beach location. He pointed out that for the Central Park site, the cost was estimated at $30,000 with most of the amenities existing such as parking, grass, road, and toilet facilities, while the Holly Hill facility has no amenities, but the cost is the same for the same size site. Mayor Hood clarified that there has been no approval of the cost. He stated that it would be expeditious to place a dog park at the site just approved because if it is proposed to place this park in Central Park, the auditorium will be packed with those who favor and those who oppose the site, and it is unclear whether the site would be approved. Mr. Miller noted that because the reclamation site is a virgin site, the plans for development of the park are already underway, with an objective of making it an area park, allowing a better opportunity to incorporate this from the start. Land Development Code Changes Mr. Glenn Jaspers, 160 Ocean Terrace, stated at times when items have been brought to the Development Review Board, it had been stated that certain actions must be taken according to the Land Development Code, with no discretion built into the system. Mr. Jaspers recommended more of a choice be built into the Land Development Code so the Commission has a legal status to resolve conflicts of obvious discrepancy. Item #11 - Reports, Suggestions, Requests Land Development Code Changes Commissioner Boyle requested the City Attorney research any reference in the Land Development Code which applies to the curb cuts on SR 40 being referred to as a two-lane highway. Property Owner Rights Commissioner Boyle noted a recent court case in South Florida has favored the rights of the property owner to develop as they see fit, but property rights are not absolute, and the community interest rights are also important. New Zone 4 Commissioner Commissioner Boyle congratulated Joyce High, the new Zone 4 Commissioner, on her victory. Special Olympics Event Commissioner Boyle stated there is some question if Mr. Bill Todd of Ormond Bowling and Skating Center located at 250 North U.S. #1 made a formal application for the Special Olympics event he brought before the Commission at the last meeting. He noted Mayor Hood asked that Mr. Todd meet with Mr. Tom Lipps, Assistant to the City Manager, and if the outstanding issues could not be resolved, that it be placed on the agenda for this meeting. Commissioner Boyle reported the issues have not been resolved yet the item is not on the agenda. He asked Mayor Hood how he wished to proceed. Mayor Hood stated he read Mr. Lipps’ letter to Mr. Todd where he gave alternatives to solve the problems. He recommended Mr. Lipps and Mr. Todd meet again to resolve any remaining problems, and if there are any problems remaining, those issues need to be placed on the next agenda. Mayor Hood stated the EMT availability should not be a problem to supply. He stated he is comfortable that Mr. Lipps can assist in making this event happen. Commissioner Boyle explained Mr. Todd is in the middle of his very busy business day and has come before this Commission a second time to see this matter resolved. Commissioner Boyle noted the EMT problem has been resolved through the County, but the outstanding issues are parking, where the tents can be located, the location of a specially handicapped portable restroom and whether Mr. Todd can sell food and beverages. He requested a decision be made at this time. Mayor Hood again requested Mr. Lipps and Mr. Todd meet and resolve the final issues or readdress it at the next meeting. Mr. Eugene Miller, City Manager, assured the Commission the Special Olympics aspects will be resolved, and the City will do all it can to cooperate with Mr. Todd and the officials. Casements Closure During Antique Car Show Commissioner Boyle expressed disappointment that the Casements cannot be open during the antique car show. Budget Report Commissioner Boyle requested a report regarding an item in the October 29th Friday Letter relative to employee positions and moving of money under the title "Realignment for Construction Supervision Services." Skateboard Park Commissioner Gillooly noted he received a letter regarding problems with noise late at night at the Skateboard park. Mr. Miller stated special police patrols have been alerted to this problem. Central Park, Phase III Commissioner Persis stated he received a complement from a constituent regarding how well the City takes care of Central Park, Phase III, and noted it is being utilized by a diversity of people and for various uses. Item #12 - Close the Meeting The meeting was adjourned at 8:25 PM. |
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