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Real Estate New Smyrna Beach Florida

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					           MINUTES OF REGULAR CITY COMMISSION MEETING
                 HELD ON MONDAY, MARCH 23, 2009
               DEBERRY ROOM, UTILITIES COMMISSION
                   NEW SMYRNA BEACH, FLORIDA

Having been duly advertised as required by law, the regular meeting of the City
Commission of the City of New Smyrna Beach, Florida, was held on Monday,
March 23, 2009, in the DeBerry Room of the Utilities Commission, 200 Canal
Street, New Smyrna Beach, Florida.

Mayor Mackay called the meeting to order at 6:30 p.m. and the following an-
swered present to the roll call:
                                 Mayor Sally Mackay
                              Vice Mayor J.S. Grasty
                     Commissioner Randall R. Richenberg
                       Commissioner James W. Hathaway
                           Commissioner Lynne Plaskett

Also present were: Interim City Manager Khalid Resheidat; City Attorney Frank
Gummey; Development Services Director Mark Rakowski; Finance Director
Carol Rogers; Personnel Officer Carol Hargy; CRA Executive Director Kevin Fall;
Senior Planner Gail Henrikson; Senior Planner Chad Lingenfelter; and, City Clerk
Johnny Bledsoe.
                                      xxx

Commissioner Hathaway gave the invocation, and Mayor Mackay led those pre-
sent in the Pledge of Allegiance.
                                  xxx
APPROVAL OF MINUTES –

Motion:
Commissioner Hathaway moved to approve the minutes of the special meeting
held on December 16, 2008, with corrections to scriveners’ errors. Vice Mayor
Grasty seconded the motion and the roll call was:

                  Commissioner Richenberg         yes
                  Vice Mayor Grasty               yes
                  Mayor Mackay                    yes
                  Commissioner Hathaway           yes
                  Commissioner Plaskett           yes
The motion carried unanimously.

Motion:
Commissioner Plaskett moved to approve the minutes of the regular meeting
held on January 13, 2009, with corrections to scriveners’ errors. Commissioner
Hathaway seconded the motion and the roll call was:
                   Vice Mayor Grasty               yes
                   Mayor Mackay                    yes
                   Commissioner Hathaway           yes
                   Commissioner Plaskett           yes
                   Commissioner Richenberg         yes
The motion carried unanimously.

Motion:
Commissioner Hathaway moved to approve the minutes of the special meeting
held on February 2, 2009, as submitted. Commissioner Plaskett seconded the
motion and the roll call was:

                   Mayor Mackay                    yes
                   Commissioner Hathaway           yes
                   Commissioner Plaskett           yes
                   Commissioner Richenberg         yes
                   Vice Mayor Grasty               yes
The motion carried unanimously.
                                       xxx

SPECIAL ANNOUNCEMENTS/PRESENTATIONS/RECOGNITION – Mayor
Mackay read into the record, a proclamation recognizing “Heritage Week”, and
commented on the many activities planned while recognizing the Southeast
Volusia Historic Society for their efforts throughout the community. Mayor Mac-
kay outlined the Donnadine Miller Historic Preservation Award as selected by the
Historic Preservation Commission.

Mayor Mackay announced the non-residential winner of the award as Jason
McGuirk, owner of property at 729 North Dixie Freeway, in recognition of the
many improvements made to the Dairy Queen property. Mayor Mackay pre-
sented Mr. McGuirk with a plaque from the City in recognition of the accomplish-
ment.

Mayor Mackay announced the residential winner of the award as Lori Retz,
owner of property at 1201 Magnolia Street, in recognition of the beautification ef-
forts taken at her property. Mayor Mackay presented Ms. Retz with a plaque
from the City in recognition of the accomplishment.

Senior Planner Chad Lingenfelter outlined other worthy nominees considered for
the recognition by the Historic Preservation Commission. Mayor Mackay com-
mented on the importance of maintaining and restoring historic sites within the
City and highlighted some of Donnadine Millers’ past restoration efforts. Com-
missioner Richenberg felt Donnadine Miller would be pleased with the award re-
cipients selected.
                                      xxx


Regular Meeting – March 23, 2009                              Page 2 of 17
MAYOR AND COMMISSION REPORTS:

Mayor Mackay commented on recent correspondence from the City Attorney re-
garding the Anglers’ Club lease and asked City Attorney Gummey to read the let-
ter into the record. She commented on recently obtained documents regarding
the clubs’ Small Business Administration loan and submerged land lease.

City Attorney Gummey read into the record a letter to the Mayor and Commis-
sioners, dated March 23, 2009, which stated the following:

      “Please find attached additional documents I have obtained from
      the Angler’s Yacht Club representative, the Property Appraiser, the
      Florida Department of Environmental Protection, and the Clerk of
      Court website. Additionally, Michael Brewer, attorney for the An-
      gler’s Yacht Club, has responded to several questions I posed
      about previous matters.

      Mr. Brewer advises that the Club did not pay property taxes prior to
      1988. When the Club improvements were added to the tax rolls,
      the Club paid three years back taxes and have paid from 1989 for-
      ward. As far as he knows, the City was not involved in the as-
      sessment change by the Property Appraiser in 1989.

      I was informed that the loan from the S.B.A. to the Club is secured
      by a recorded Financing Statement Form UCC 1 (not a mortgage)
      against the leasehold estate. The draft mortgage first proposed by
      the S.B.A. was not executed.

      The City Manager and I met with Mr. Brewer and John Massey on
      Friday, March 20. Commissioner Plaskett was in attendance. Two
      subjects were discussed.

      The Club’s representatives reasserted that there are no discrimina-
      tory clauses in the Club’s Articles of Incorporation and ByLaws.
      The City Manager and I urged the Club to come forward with an af-
      firmative statement of what the Club’s membership policies are and
      will be.

      Both parties’ representatives agreed that there are three options to
      the status quo. The City could buy the leasehold estate of the Club
      (voluntarily or by eminent domain), the Club could buy the underly-
      ing fee of the City or the provisions of the lease could be renegoti-
      ated if both parties agree.




Regular Meeting – March 23, 2009                             Page 3 of 17
      In a renegotiation, the City would be seeking rental payments which
      recognize the market value of the land. The Club would be seeking
      a secure tenancy beyond the present lease expiration. Neither side
      attempted to quantify the amounts or length of time.

      The Club expressed a preference for purchasing the City’s underly-
      ing fee. The City Manager indicated he believed that option would
      be less desirable to the City Commission.

      I think both parties viewed this as a first meeting, after which the
      representatives would confer with others in their organizations to
      refine their positions.

      Please contact me with any questions on this matter. Frank B.
      Gummey, III”
                                  xxx

Vice Mayor Grasty commented on receiving a thank you letter from Hospice of
Volusia/Flagler for the recent donation made by the Commission.

                                       xxx

Commissioner Richenberg commented on discussions from the recent Southeast
Volusia “Summit of the Cities” conducted by the Southeast Volusia Chamber of
Commerce. He highlighted City of Oak Hill efforts and challenges faced in retain-
ing current elementary school property and equipment for support of a proposed
charter school.

Commissioner Richenberg requested a resolution supporting Oak Hill City Coun-
cil and Charter School Group efforts to open a charter school, in the spirit of the
“Summit of the Cities” where it was agreed that Cities would help each other.
Mayor Mackay confirmed Commission consensus that a resolution would be pre-
pared. City Attorney Gummey acknowledged he would prepare a resolution for
adoption at a future meeting.

Commissioner Richenberg commented on plans for a second public meeting re-
garding pocket parks and street end rights of way. He reported the meeting
would be planned for a date sometime in April, 2009.

                                       xxx

Commissioner Hathaway had no report.

                                       xxx




Regular Meeting – March 23, 2009                              Page 4 of 17
Commissioner Plaskett commented on her attendance, in an observer role, at the
recent meeting between representatives of the City and the Anglers’ Club. She
felt the meeting was informative and was proud of how City Attorney Gummey
and Interim City Manager Resheidat represented the City.

Interim City Manager Resheidat reported that no negotiations took place during
the meeting and topics discussed included discrimination on City property and
the lease between the City and the Anglers’ Club, and the suggestion the An-
glers’ Club consider incorporating a diversity resolution into its charter and by-
laws in the future. Mr. Resheidat thanked Commissioner Plaskett for maintaining
her observer role during the meeting and felt the meeting was the first of many
meetings in order to resolve the many issues currently faced.

Commissioner Plaskett commented on the possible need for “No Parking” signs
in the vicinity of the Brick Street Stormwater Pond.

                                       xxx

CONSENT AGENDA – Mayor Mackay outlined the following Consent Agenda
items, as recommended by staff:

   1. Approve the contract bid award to Misiano Construction and Remodeling,
      Inc., for the Pettis Park Pavillion and Improvement Project for the bid
      amount of $263,430, with add alternate “A”.

   2. Approve waiving setback requirements in the Recreation ® zoning district,
      in order to allow the proposed construction of the restroom facility and
      shade structure at the Coronado Shuffleboard Courts.

   3. Authorize Volusia County Mosquito Control to perform low-level flights
      over the City in connection with their inspection and aerial application of
      insecticides for the control of mosquito larvae and adults in compliance
      with Federal Aviation Administration (FAA) regulations during calendar
      year 2009, through March 31, 2010.

Commissioner Hathaway commented on past notifications by Mosquito Control
of the action and directed staff to put Mosquito Control contact information on the
City website for the public to address any concerns.

Motion:
Vice Mayor Grasty moved to approve Consent Agenda Items No. 1 through No. 3
as outlined above. Commissioner Richenberg seconded the motion and the roll
call was:




Regular Meeting – March 23, 2009                              Page 5 of 17
                  Commissioner Hathaway          yes
                  Commissioner Plaskett          yes
                  Commissioner Richenberg        yes
                  Vice Mayor Grasty              yes
                  Mayor Mackay                   yes
The motion carried unanimously.
                                      xxx

PUBLIC HEARINGS – Ordinance No. 05-09 – City Attorney Gummey read Ordi-
nance No. 05-09 the second time by title only. Development Services Director
Mark Rakowski outlined the proposed ordinance, which if adopted would amend
the Land Development Regulations, by defining screen pool enclosure and
screen room, and by allowing additional building coverage for screen pool enclo-
sures and screen rooms in residential zoning districts. Mr. Rakowski reported
that the Planning and Zoning Board, at its meeting on January 5, 2009, unani-
mously voted to recommend denial; the Commission approved the proposed or-
dinance, by majority vote 3 to 1 at its meeting on February 10, 2009.

Mayor Mackay felt the ordinance should be amended to allow an additional ten
percent of building coverage, as proposed for pool enclosures, and regulations
regarding screen rooms should be removed from the ordinance and addressed
under a separate ordinance.

Commissioner Plaskett commented on the recommendation from the Planning
and Zoning Board to deny the proposed ordinance. Mr. Rakowski clarified Plan-
ning and Zoning Board concerns with language regarding screen rooms, which
led it its recommendation.

Mayor Mackay opened the public hearing.

Robert Rees, 391 Granada Street, commented on screen enclosures and com-
parable allowable coverage. Mr. Rakowski clarified current regulations regarding
screen coverage.

Mayor Mackay closed the public hearing.

Commissioner Plaskett did not support adoption of the ordinance and com-
mented on accessory uses of screen enclosures and lot coverage requirements.

Motion:
Commissioner Hathaway moved to adopt Ordinance No. 05-09, as amended to
remove language regarding anything with a solid roof and to address only screen
pool enclosures with a ten percent increase in building coverage. Vice Mayor
Grasty seconded the motion and the roll call was:




Regular Meeting – March 23, 2009                            Page 6 of 17
                   Commissioner Plaskett           no
                   Commissioner Richenberg         yes
                   Vice Mayor Grasty               yes
                   Mayor Mackay                    yes
                   Commissioner Hathaway           yes

The motion carried by majority vote 4 to 1 with Commissioner Plaskett voting no.

                                       xxx
PUBLIC PARTICIPATION –

Bill Koleszar, 438 Bouchelle Drive, commented on the past vote by the Commis-
sion to hire outside legal counsel to conduct an investigation of the Anglers’ Club
lease. Mayor Mackay clarified the past vote remained in effect until another
vote/motion was considered. Mr. Koleszar commented on future meetings be-
tween representatives of the City and the Anglers’ Club. Interim City Manager
Khalid Resheidat clarified no meetings would be scheduled until after the Com-
mission reviewed recently obtained documents, and felt a 30-day period would
be necessary.

Jim Brendel, 1801 North Peninsula Avenue, commented on his contract to per-
form repairs to the dune walkover at the Sunrise Condominium. Mr. Brendel
commented on permitting requirements and challenges faced with the upcoming
sea turtle nesting season. Mr. Brendel requested Commission approval of a
permit for him to construct a 35-foot dune walkover with application fees waived.
Development Services Director Mark Rakowski outlined application and permit-
ting requirements from the Land Development Regulations regarding the con-
struction of a dune walkover. Interim City Manager Resheidat clarified timing is-
sues associated with Mr. Brendel’s problem and outlined available options.

Commissioner Hathaway felt Mr. Brendel’s situation was unique and supported
allowing him to perform the necessary repairs. City Attorney Gummey clarified
he had no knowledge of ever permitting construction prior to approval of an ap-
plication. Commissioner Plaskett could not support the request due to the nec-
essary application process. Mayor Mackay confirmed Commission consensus
that Mr. Brendel would need to go through the application process as estab-
lished. Mr. Rakowski acknowledged he would expedite the application due to the
circumstances.

George Beazley, 427 Sweet Bay Avenue, requested authorization to question the
representative of Brent Millikan and Company, P.A., regarding the 2007/2008 Fi-
nancial Audit for consideration later in the meeting. Mayor Mackay confirmed
consensus that Mr. Beazley would be allowed to ask questions regarding the
2007/2008 Financial Report.




Regular Meeting – March 23, 2009                              Page 7 of 17
Keith Gerhartz, 2808 Hill Street, asked if the Anglers’ Club had provided nota-
rized and/or recorded documents reflecting changes in its by laws. City Attorney
Gummey clarified the Anglers’ Club Articles of Incorporation were on file with the
State of Florida. Mr. Gerhartz restated his question whether copies of updated
by laws were either notarized or recorded on the public record.

Ken Taylor, 11A Country Club Drive, commented on the proposed tenure of In-
terim City Manager Resheidat in his current capacity. Mayor Mackay clarified
that Interim City Manager Resheidat would serve in that capacity until the City
Manager search process was concluded, approximately in September, 2009.
Ruby Clark, 803 Cherry Street, representing citizens of the Westside community,
outlined the purpose of monthly community meetings held the last Monday of
each month at the Babe James Center. Ms. Clark commented on community ef-
forts to halt the adoption of a compatibility ordinance and neighborhood plan initi-
ated by the City. Commissioner Plaskett felt the issue should be addressed at
the next regular meeting. Commissioner Hathaway felt the Commission should
hear from the citizens of the area.

Fannie Hudson, 699 West Street, commented on what she felt was a lack of in-
formation from the City regarding neighborhood planning and objected City ac-
tion without giving notification to the entire neighborhood. Mayor Mackay com-
mented on future public meetings regarding neighborhood planning and encour-
aged maximum citizen participation. Commissioner Richenberg suggested Ms.
Hudson and Ms. Clark meet to discuss the issue. Commissioner Hathaway felt
the issue should be discussed in a workshop setting.

Matthew Thurmaier, 303 Cortez Street, representing Habitat for Humanity, com-
mented on correspondence sent to members of the Commission supporting
neighborhood planning. He commented on his organization’s ability to support
low income housing and how different property attributes affect neighborhoods.

Senior Planner Gail Henrikson commented on discussions regarding the
Westside community and advised a meeting would be held for citizens on April
27, 2009 at 6:15 pm at the Babe James Center. Mayor Mackay advised the
meeting would be advertised on the City website.

Rose Lopopola, 1907 Hill Street, commented on alternative strategies to gain in-
formation from Westside citizens on neighborhood planning that included focus
groups to identify questions to address. Ms. Lopopola felt a well informed public
was important.
                                       xxx

REQUESTS TO APPEAR BEFORE THE COMMISSION:

City Hall Lobby Proposed Mural Update – Russell Powell gave an overview of a
proposed wall mural for the City Hall lobby.



Regular Meeting – March 23, 2009                               Page 8 of 17
Mr. Powell outlined the proposed design of the mural that would pay tribute to
and honor the memory of those Police Officers and Firefighters who have lost
their lives in City service. Mr. Powell clarified the art work would be done by a
local artist workshop at no cost to the City. Mayor Mackay commented on Mr.
Powell’s tenacity displayed during the project.

                                       xxx

Green Resource Group – Dan Hughes, representing the Green Resource Group,
recognized members of the group and gave an overview of efforts taken to de-
termine City eligibility for Florida Green Building Coalition Green Local Govern-
ment Certification. Mr. Hughes outlined steps for certification and associated
costs, and commented on how certification would reflect the City commitment to
conserving natural resources. Mr. Hughes highlighted the group’s commitment
to assist the City gain the certification and requested a funding commitment from
the Commission in order to begin the certification application process.

Mayor Mackay thanked Mr. Hughes and the group for its efforts and commented
on similar initiative undertaken by Volusia County. Interim City Manager Reshei-
dat thanked the group for its hard work and commented on working with them.
Vice Mayor Grasty commented on his recent attendance at the opening of the
first “Green” house in Venetian Bay and conservation efforts by the Utilities
Commission. Mr. Hughes commented on the second such project in the North
Beach area and highlighted a future video current under production. Mayor Mac-
kay felt New Smyrna Beach was a “Green” City. Commissioner Richenberg
commented on the achievements realized in the City and the potential, working
hand in hand with the Utilities Commission and the Green Resource Group, for
making giant strides toward certification.

                                       xxx

Water Taxi Status Update – Fielding Cooley, representing the Marine Discovery
Center, updated the Commission on the status of Water Taxi operations. He
commented on positive reviews received by Water Taxi patrons and highlighted
that the City had not expended any City taxpayer dollars. Mr. Cooley outlined
recommended changes in fares and schedule aimed at making Water Taxi op-
erations economically self-sufficient, as well as other business opportunities be-
ing considered for future implementation.

Mayor Mackay was delighted the Water Taxi was nearing self-sufficiency and
congratulated Mr. Cooley on his efforts. Mr. Cooley felt the Marine Discovery
Center and Water Taxi were among the largest attractions in Southeast Volusia
County. Commissioner Richenberg thanked Mr. Cooley for bringing the Com-
mission and the public up to date on the status of the Water Taxi.




Regular Meeting – March 23, 2009                             Page 9 of 17
Motion:
Commissioner Plaskett moved to approve changes in Water Taxi fares and
schedule as presented. Vice Mayor Grasty seconded the motion. Mayor Mac-
kay felt snack and drink sales should be incorporated as part of the operation.
The roll call was:
                   Commissioner Richenberg       yes
                   Vice Mayor Grasty             yes
                   Mayor Mackay                  yes
                   Commissioner Hathaway         yes
                   Commissioner Plaskett         yes
The motion carried unanimously.
                                     xxx
OLD BUSINESS:

City Manager Search Process Update – Appointment of Citizen Advisory Com-
mittee – Personnel Officer Carol Hargy previous staff request that the Commis-
sion appoint citizens to the Citizen Advisory Committee for the City Manager
search and selection being conduct by Colin Baenziger and Associates, Inc.

Mayor Mackay nominated Matthew Thurmaeir as a member. Vice Mayor Grasty
nominated Don Campbell as a member and Kay Shepard as an alternate.
Commissioner Hathaway nominated Sid Peterson as a member and Dick Abbott
as an alternate. Commissioner Plaskett nominated Bill Hall as a member and
Robert Rodi as an alternate. Commissioner Richenberg requested an extension
for his nominations.

Ms. Hargy commented on the revised search schedule provided by the consult-
ant. City Attorney Gummey advised the Commission appoint the nominees.

Motion:
Commissioner Hathaway moved to appoint members and alternates to the City
Manager Citizen Advisory Committee as follows:

Members – Matthew Thurmaeir, Don Campbell, Sid Peterson and Bill Hall
Alternates – Kay Shepard, Dick Abbott and Robert Rodi.

Commissioner Plaskett seconded the motion and the roll call was:

                  Vice Mayor Grasty              yes
                  Mayor Mackay                   yes
                  Commissioner Hathaway          yes
                  Commissioner Plaskett          yes
                  Commissioner Richenberg        yes
The motion carried unanimously.



Regular Meeting – March 23, 2009                           Page 10 of 17
Kay Shepard, 1907 Hill Street, commented on the importance to reflect gender
diversity on the committee and urged the Commission to appoint more women.


Commissioner Richenberg commented on the time frame and felt the City
should take its time in selecting its next City Manager. He had confidence in In-
terim City Manager Resheidat and felt the process should not be rushed. Ms.
Hargy clarified the timeframe would be used as a guide only and did not repre-
sent an aggressive schedule. She advised that an update would be given every
two weeks and commented on responsibilities of the recruiting firm, citizen’s ad-
visory committee and Commission in the process.

                                      xxx

“Woodhaven” Development Staff Update – Development Services Director Mark
Rakowski outlined City concerns with the proposed “Woodhaven” development in
the City of Port Orange, and commented on past Commission direction to submit,
in writing objections to the Volusia Growth Management Commission and De-
partment of Community Affairs. Mr. Rakowski outlined he had obtained a 21-day
extension from the Volusia Growth Management Commission for submission of
objections and requested Commission approval to submit letters as requested to
the agencies identified.

Motion:
Commissioner Richenberg moved to approve submission of letters to the Volusia
Growth Management Commission and Department of Community Affairs, as
prepared by staff as directed by the Commission. Commissioner Plaskett sec-
onded the motion and the roll call was:

                  Mayor Mackay                    yes
                  Commissioner Hathaway           yes
                  Commissioner Plaskett           yes
                  Commissioner Richenberg         yes
                  Vice Mayor Grasty               yes

The motion carried unanimously.
                                      xxx

Staff Update – Proposed Comprehensive Plan Amendment on Property Referred
to as the “FEC” Property – Development Services Director Mark Rakowski up-
dated the Commission on a future comprehensive plan amendment of approxi-
mately 170 acres, referred to as the “FEC Property”, located southwest of the in-
tersection of Canal Street and Dixie Freeway. Commissioner Hathaway com-
mented on the need to work with neighboring Cities on how property along U.S.
Highway One would be developed. Mr. Rakowski supported including neighbor-
ing Cities in the process.



Regular Meeting – March 23, 2009                            Page 11 of 17
Glenn Storch, representing Flagler Development, commented on the affect de-
velopment of the property would have and highlighted working with the City of
Edgewater. Mr. Storch felt the timing was perfect for the visioning process that
he felt worked with the ongoing CRA Master Plan Update process. Mr. Storch
outlined his request that the Commission authorize the visioning process on the
property to continue with possible future consideration of a comprehensive plan
amendment for consideration in late 2009. Commissioner Hathaway commented
on commercial locations and possible affects on the community. Mayor Mackay
felt retail nodes reflected in the conceptual plan should be minimum. Mr. Storch
clarified the proposed project was a competitive mixed-use project, committed to
the enhancement of Canal Street.

Vice Mayor Grasty commented on costs. Mr. Storch clarified he could not make
application or pay associated fees for a comprehensive plan amendment, but
could contribute an equal amount in consultant work. Commissioner Hathaway
commented on alternatives to the City acting as applicant. Commissioner
Richenberg was concerned with future affects to the U.S. 1 Corridor and costs to
the developer. Commissioner Richenberg commented on the proposed project
design potential to help Canal Street with retail and commercial to the south and
office space to the north. Mr. Storch clarified the site plan was not static and
commented on the valued uses of the property. Mayor Mackay commented on
the potential to relocate historic homes on the West Canal Street portion of the
property.

Mr. Storch clarified that his client, Flagler Development, could not apply for a
comprehensive plan amendment as a result of restrictions within the terms of a
five-year real estate investment trust, but the City could administratively amend
its comprehensive plan.

Mayor Mackay opened public comment.

Linda DeBorde, 305 South Pine Street and Chairperson of the Community Rede-
velopment Agency, commented on current zoning assigned to the property and
felt consideration should be given to what would make Canal Street thrive, that
being jobs. She supported a portion of the property maintaining Industrial zon-
ing.

Keith Gerhartz, 2808 Hill Street, urged the Commission to be cautious regarding
future development of the property and felt retail use was more profitable. Mr.
Gerhartz suggest consideration of rezoning the property Planned Unit Develop-
ment (PUD) and felt no development would occur for a long time.

Commissioner Richenberg commented on the need for a long-term commitment
from the developer. City Attorney Gummey was concerned that Flagler Devel-
opment could not enter into a PUD for five years. Commissioner Hathaway did
not support moving forward with a comprehensive plan amendment.



Regular Meeting – March 23, 2009                            Page 12 of 17
Mayor Mackay confirmed Commission consensus was to allow staff to continue
working with the developer with continued visioning and coordination with the
CRA Master Plan Update. Mr. Storch clarified he would continue working with
staff to address issues.
                                     xxx
SPECIAL ITEMS OF BUSINESS:

Fiscal Year 2007/2008 Financial Audit – Alex Kish, representing the firm Brent
Millikan and Company, P.A., outlined the financial audit report for the fiscal year
ending September 30, 2008. Mr. Kish highlighted the City was in a healthy
financial state and commented on the higher than normal balance in reserve
funds.

Commissioner Hathaway commented on the challenges faced in long range
funding of Police and Fire pension plans. Mr. Kish commented on insurance
taxes and benefit package changes to pension plans and clarified both plans
were currently managed by those funds.

George Beazley, 427 Sweet Bay Avenue, commented on past management
comments on the audit and asked specific questions of areas reviewed. City At-
torney Gummey commented on ongoing litigation and advised the Commission
to not respond to questions.
                                   xxx

Ordinance No. 18-09 – City Attorney Gummey read Ordinance No. 18-09, the
first time by title only. Development Service Director Mark Rakowski outlined the
proposed ordinance, which if approved would amend the Land Development
Regulations, by increasing the maximum allowed distance for off-site parking in
the Mixed Use (MU) zoning district from 500 to 1,000 feet. Mr. Rakowski re-
ported the Planning and Zoning Board, at its March 2, 2009 meeting, by majority
vote 6 to 1, voted to recommend approval of the ordinance.

Mayor Mackay opened public comment.

Steve Provost, 1805 Beacon Street, commented on public concerns that adop-
tion of the proposed ordinance would result in an extension of parking into resi-
dential areas adjacent to Flagler Avenue. Mr. Provost commented on residential
areas contiguous to the Mixed Use (MU) zoning district. Mr. Rakowski clarified
the definition of contiguous. Commissioner Plaskett felt the word, contiguous,
should be clearly defined within the language of the ordinance.

Robert Rees, 391 Granada Street, commented on Community Redevelopment
Agency parking and accounting for businesses that rent or lease such parking
spaces.

Mayor Mackay closed public comment.



Regular Meeting – March 23, 2009                              Page 13 of 17
Motion:
Vice Mayor Grasty moved to approve on first reading, Ordinance No. 18-09.
Commissioner Hathaway seconded the motion and the roll call was:

                  Commissioner Hathaway           yes
                  Commissioner Plaskett           yes
                  Commissioner Richenberg         yes
                  Vice Mayor Grasty               yes
                  Mayor Mackay                    yes

The motion carried unanimously.
                                      xxx

Ordinance Nos. 19-09 and 20-09 – City Attorney Gummey read Ordinance Nos.
19-09 and 20-09 the first time by title only. Development Services Director Mark
Rakowski outlined the proposed ordinances, which if adopted would change land
use on approximately 2 acres located south of Lincoln Avenue, north of Florida
Avenue, east of North Atlantic Avenue and west of the ocean from Commercial to
Recreation land use designation; and, rezone the property from Ocean Commer-
cial (B-4) to Recreation (R) zoning designation. Mr. Rakowski reported that the
Planning and Zoning Board, at its meeting on March 2, 2009, unanimously rec-
ommended approval of Ordinance No. 19-09, and by majority vote of 6 to 1,
voted to recommend approval of Ordinance No. 20-09.

Mayor Mackay opened the public hearing. With no citizens wishing to speak,
Mayor Mackay closed the public hearing.

Motion:
Commissioner Plaskett moved to approve on first reading, of Ordinance Nos. 19-
09 and 20-09. Vice Mayor Grasty seconded the motion and the roll call was:

                  Commissioner Plaskett           yes
                  Commissioner Richenberg         yes
                  Vice Mayor Grasty               yes
                  Mayor Mackay                    yes
                  Commissioner Hathaway           yes
The motion carried unanimously.
                                      xxx

Ordinance No. 21-09 – City Attorney Gummey read Ordinance No. 21-09, the
first time by title only. Development Service Director Mark Rakowski outlined the
proposed ordinance, which if approved would amend the Land Development
Regulations, to incorporate the Transportation Impact Analysis Guidelines Meth-
odology developed by the local governments within Volusia County. Mr. Ra-
kowski reported the Planning and Zoning Board, at its March 2, 2009 meeting,
unanimously recommended approval of the ordinance.


Regular Meeting – March 23, 2009                            Page 14 of 17
Senior Planner Chad Lingenfelter, gave a presentation that outlined the proposed
guidelines as adopted by the Volusia County Metropolitan Planning Organization.

Mayor Mackay opened public comment.          With no citizens wishing to speak,
Mayor Mackay closed public comment.

Motion:
Vice Mayor Grasty moved to approve on first reading, Ordinance No. 21-09.
Commissioner Richenberg seconded the motion and the roll call was:

                  Commissioner Richenberg          yes
                  Vice Mayor Grasty                yes
                  Mayor Mackay                     yes
                  Commissioner Hathaway            yes
                  Commissioner Richenberg          yes

The motion carried unanimously.
                                       xxx

Resolution No. 13-09 – City Attorney Gummey read Resolution No. 13-09, by title
only. Development Service Director Mark Rakowski outlined the proposed reso-
lution, which if approved would authorize the Mayor to execute an application for
grant funds to the Florida Inland Navigation District for the design, engineering,
permitting and construction of a second seawall behind the existing seawall at
Riverside Park. Interim City Manager Resheidat commented on the need for
funding of the much needed repairs to the seawall.

Mayor Mackay opened public comment.

Robert Rees, 391 Granada Street, commented on future consideration for fund-
ing of repairs to the existing seawall at Riverside Park.

Mayor Mackay closed public comment.

Motion:
Commissioner Hathaway moved to adopt Resolution No. 13-09. Commissioner
Richenberg seconded the motion and the roll call was:

                  Vice Mayor Grasty                yes
                  Mayor Mackay                     yes
                  Commissioner Hathaway            yes
                  Commissioner Richenberg          yes
                  Commissioner Richenberg          yes

The motion carried unanimously.
                                       xxx



Regular Meeting – March 23, 2009                             Page 15 of 17
CITY MANAGER’S REPORT – Interim City Manager Resheidat outlined staff’s
recommendation that the Commission approve reducing the speed limit on Quay
Assisi from 30 mph to 25 mph. Police Chief Ron Pagano commented on a re-
cent traffic analysis performed and meeting with residents from the area, and
clarified that speeding was a problem in the area.
Motion:
Commissioner Richenberg moved to approve reducing the speed limit on Quay
Assisi to 25 mph. Vice Mayor Grasty seconded the motion and the roll call was:

                  Mayor Mackay                   yes
                  Commissioner Hathaway          yes
                  Commissioner Richenberg        yes
                  Commissioner Richenberg        yes
                  Vice Mayor Grasty              yes
The motion carried unanimously.
                                      xxx
Interim City Manager Resheidat outlined a request from the Flagler Tavern for
permission to hold an outdoor concept on its property on April 2, 2009. Mr. Re-
sheidat reported that staff had reviewed the request and saw no issues, and rec-
ommended approval.
Motion:
Vice Mayor Grasty moved to approve the request from the Flagler Tavern for
permission to hold an outdoor concept on its property on April 2, 2009. Commis-
sioner Richenberg seconded the motion and the roll call was:

                  Commissioner Hathaway          yes
                  Commissioner Richenberg        yes
                  Commissioner Richenberg        yes
                  Vice Mayor Grasty              yes
                  Mayor Mackay                   yes
The motion carried unanimously.
                                      xxx
CITY CLERK’S REPORT – No Report
                                      xxx
CITY ATTORNEY’S REPORT – No report
                                      xxx
With no further business to address, Mayor Mackay declared the meeting ad-
journed at 10:25 p.m.




Regular Meeting – March 23, 2009                            Page 16 of 17
MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON
MARCH 23, 2009, WERE APPROVED AT THE REGULAR CITY COMMISSION
MEETING HELD ON MAY 12, 2009.



                                   ________________________________
                                   SALLY MACKAY, MAYOR
ATTEST:



_______________________________
JOHNNY R. BLEDSOE, CITY CLERK




Regular Meeting – March 23, 2009                   Page 17 of 17

				
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