FEBRUARY 4, 1997 7:00 PM

REGULAR CITY COMMISSION MEETING

HELD AT CITY HALL COMMISSION CHAMBERS

Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, David L. Schecter, Carl G. Persis, City Manager Eugene Miller, City Attorney Fred S. Disselkoen, and City Clerk Veronica Patterson. Commissioner Ed Kelley was not in attendance.


A G E N D A


1) Meeting called to order by Mayor Hood.
2) Invocation given by Reverend Bob Orner of Coquina Presbyterian Church in America.
3) Pledge of Allegiance.
4) Approval of the Minutes of the January 21, 1997, meeting.
5) PRESENTATION: Employee-of-the-Year award to David Cahill.
6) AUDIENCE REMARKS:
7) CONSENT AGENDA:


A) Resolution No. 97-14 further amending Resolution No. 96-15 by further amending the City Commission meeting schedule for 1997; ratifying and confirming said Resolution No. 96-15, as amended. (Restoring the first meeting in October to October 7, 1997).
B) Resolution No. 97-15 authorizing the execution of a Quitclaim Deed to release a portion of a certain utility easement. (Lots 56 & 57, Shadow Crossings, Unit 2, Hunter’s Ridge)
C) Resolution No. 97-16 authorizing the execution of a Quitclaim Deed to release a certain utility and drainage easement. (Lot 79, Breakaway Trails, Phase 3, Unit 3A, 16 Circle Creek Way)
D) Resolution No. 97-17 exercising the City’s option to renew its agreement with Evensen Dodge, Inc., for financial consulting services.
E) Resolution No. 97-18 authorizing the execution of a maintenance contract renewal to extend the current Highway Maintenance Agreement with the Florida Department of Transportation for one (1) year.
F) Resolution No. 97-19 authorizing the execution of Change Order Number One to that contract authorized by Resolution No. 96-47, to increase the contract price by $1,292.43 to $439,692.43, and to increase the contract time by 240 days to 300 days. (Saboungi Construction, Inc. - Recreation Facility Softball Fields)
G) Resolution No. 97-20 ratifying and approving the settlement of a workers’ compensation claim. (John P. Schmidt)


8) FIRST READING OF ORDINANCES:


A) Ordinance No. 97-4 relative to bicycles; amending Chapter 6 of the Code of Ordinances by lowering the allowable blood alcohol level for operators; by amending certain exemptions; by amending headset regulations; and by adopting helmet regulations.
B) Ordinance No. 97-5 relative to the General Employees’ Pension Plan; amending Sections 16-6 and 16-15 of the Code of Ordinances by granting a one-time three percent cost-of-living increase to all current retirees and beneficiaries; and by adopting recent amendments to the Internal Revenue Code relative to maximum pension benefits; providing for severability.


9) RESOLUTION No. 97-21 amending Resolution No. 89-135 by deleting requirements for a new entrance to the Nova recreation complex, for prohibiting east/west traffic at the Main Trail/Nova Road/Wilmette Avenue intersection, and for no changes being made in the alignment of a portion of Wilmette Avenue; directing certain actions to be taken.
10) Reports, Suggestions, Requests: Mayor, City Commission, City Manager, City Attorney.
11) Close the meeting.

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 Bob Orner of Coquina Presbyterian Church in America.
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 21, 1997, meeting had been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions.

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

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Persis yes
carried. Mayor Hood yes


Item #5 - Presentation: Employee-of-the-Year to Dave Cahill
Mr. Eugene Miller, City Manager, recognized Mr. Dave Cahill, Chief Treatment Plant Operator in the Public Utilities Department, as the Employee-of-the-Year. He advised Mr. Cahill meets and exceeds challenges, which was apparent in his efforts to make the department competitive with private operators. Mayor Hood explained that Mr. Cahill, as well as other public utilities employees, created ways in which to save the City four million dollars over the next four (4) years in that particular department. Mayor Hood presented him with a plaque, gift certificate, and trophy honoring him as Employee-of-the-Year and expressed his heartfelt appreciation for Mr. Cahill’s efforts.

Item #6 - Audience Remarks
800 MHz System
Mr. Stan Rosevear, Volusia County Council District Four Representative, advised discussion was held with Mr. Weiss regarding the 800 MHz communications system; and during the last two (2) weeks, Ormond Beach has experienced four (4) to six (6) incidents which have been taken under advisement. He stated the microwave equipment is installed for the new tower site, and the repeaters will be installed by February 17, 1997. Mr. Rosevear expressed concern that City staff will have limited time to evaluate the system prior to consideration at the March 4, 1997, City Commission meeting.

Hand Avenue/Nova Road Lot
Mr. Rosevear mentioned that the lot at the southwest corner of Hand Avenue and Nova Road has been cleaned up, and a circus is scheduled to be held on the site during the first week of March.

Hawk Drainage Ditch
Mr. Mathew Hawk, 725 San Jose Avenue, explained he has a problem with flooding on his property caused by a poorly maintained drainage ditch. He stated he has spoken to Volusia County and City staff, and he requested assistance from the Commission to correct this situation.

Ms. Judy Grim, City Engineer, stated Mr. Hawk’s property is located in the newly annexed Arroyo Parkway area, and staff recently became familiar with his problem. She advised that County staff have investigated the site, and they are aware of the situation. She stated the City has determined there is a drainage canal that crosses Mr. Hawk’s property that was constructed and is maintained by the County Road and Bridge Department. Ms. Grim advised there have been instances in which Mr. Hawk has added fill to the canal which creates additional drainage problems, and she stated Mr. Hawk has been cited by the County Code Enforcement Board for this action. Ms. Grim explained the canal is part of a County maintained drainage system, and the City does not get involved in County maintenance activities.

Mayor Hood suggested that Mr. Hawk and Ms. Grim meet to discuss his complaints, and he requested a written report be provided at the next City Commission meeting.

Item #7 - Consent Agenda
Mayor Hood advised 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 Schecter moved, seconded by Commissioner Boyle, for approval of the Consent Agenda.

Call Vote: Commissioner Schecter yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes

Item #8(A) - Relative to Bicycles

ORDINANCE NO. 97-4

AN ORDINANCE RELATIVE TO BICYCLES; AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES BY LOWERING THE ALLOWABLE BLOOD ALCOHOL LEVEL FOR OPERATORS; BY AMENDING CERTAIN EXEMPTIONS; BY AMENDING HEADSET REGULATIONS; AND BY ADOPTING HELMET REGULATIONS; REPEALING ALL INCONSISTENT ORDINANCE OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.


Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Ordinance No. 97-4, on first reading, as read by title only.

Call Vote: Commissioner Persis yes
Commissioner Boyle yes
Commissioner Schecter yes
carried. Mayor Hood yes


Item #8(B) - Relative to the General Employees’ Pension Plan

ORDINANCE NO. 97-5

AN ORDINANCE RELATIVE TO THE GENERAL EMPLOYEES’ PENSION PLAN; AMENDING SECTIONS 16-6 AND 16-15 OF THE CODE OF ORDINANCES BY GRANTING A ONE-TIME THREE PERCENT COST OF LIVING INCREASE TO ALL CURRENT RETIREES AND BENEFICIARIES; AND BY ADOPTING RECENT AMENDMENTS TO THE INTERNAL REVENUE CODE RELATIVE TO MAXIMUM PENSION BENEFITS; REPEALING ALL INCONSISTENT ORDINANCE OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE.


Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of Ordinance No. 97-5, on first reading, as read by title only.

Call Vote: Commissioner Boyle yes
Commissioner Schecter yes
Commissioner Persis yes
carried. Mayor Hood yes


Item #9 - Relative to Wilmette Avenue Traffic Study (Main Trail/Wilmette intersection design)

RESOLUTION NO. 97-21

A RESOLUTION AMENDING RESOLUTION NO. 89-135 BY DELETING REQUIREMENTS FOR A NEW ENTRANCE TO THE NOVA RECREATION COMPLEX, FOR PROHIBITING EAST/WEST TRAFFIC AT THE MAIN TRAIL/NOVA ROAD/WILMETTE AVENUE INTERSECTION, AND FOR NO CHANGES BEING MADE IN THE ALIGNMENT OF A PORTION OF WILMETTE AVENUE; DIRECTING CERTAIN ACTIONS TO BE TAKEN; SETTING FORTH AN EFFECTIVE DATE.


Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-21, as read by title only, for discussion purposes only.

Mr. Eugene Miller, City Manager, expressed that he is very much aware of the emotion surrounding this item; however, he is being advised by the City’s technical staff that to not open Wilmette traffic going westerly onto Main Trail will create serious transportation traffic and safety problems. He explained that staff’s views are supported by consultants retained by the City, Volusia County Traffic Engineering Department, as well as the Florida Department of Transportation (FDOT). Mr. Miller stated he felt obligated to present these views to the Commission and the public, particularly to The Trails residents. He stated that based on information he has received, opening the intersection at Main Trail and Wilmette Avenue to cross traffic will not create a noticeable increase in traffic on Main Trail. Mr. Miller stated he was well aware of the misinformation being circulated, thus, he intended to present exactly what staff views are regarding what will result by retaining Resolution No. 89-135, in tact, and conversely to explain specific staff recommendations for a long term solution, as well as what will immediately happen when Wilmette Avenue is opened. Mr. Miller stated if the Commission decides to retain Resolution No. 89-135 in effect, staff will explain all of the alternatives for consideration. Mr. Miller advised that certain technical staff members, as well as the consultants, are present.

Mr. Clay Ervin, Planning Director, explained this item is a request by staff to amend certain provisions of Resolution No. 89-135. He stated the resolution contains elements such as maintaining a twenty-five (25) mile per hour speed limit on Main Trail; maintaining the landscaped medians along Main Trail; prohibiting east and west traffic movements across Nova Road from Wilmette Avenue and Main Trail; obtaining FDOT approval for the intersection design at Main Trail and Wilmette Avenue; continuing maintenance of the Main Trail bridge to meet FDOT standards; and constructing a new entrance for the Nova Recreation Complex on Nova Road, north of Main Trail. Mr. Ervin emphasized these provisions relied upon the anticipated future reconstruction of Nova Road to a four-lane facility. He stated that prohibition of a bi-directional intersection on Nova Road as a two-lane facility creates unsafe traffic movements. Mr. Ervin advised that the proposed amendments do not pertain to landscaping, medians, or four-laning Main Trail, and a letter was sent to all of The Trails residents informing them of the proposed changes. He stated that Ghyabi, Lassiter and Associates, Inc., performed a detailed traffic engineering study and analysis of the Wilmette Avenue corridor from Main Trail to Beach Street, and made recommendations based on sophisticated models, real world traffic counts, and overall sound engineering traffic principles. He stated the foremost recommendation was not to close the intersection to through traffic as it will create an unsafe situation. Mr. Ervin illustrated and explained the existing, proposed (per Resolution No. 89-135), and interim (during FDOT review) traffic patterns. Mr. Ervin stated staff recommends keeping the existing traffic pattern based on: Nova Road being a two-lane roadway north and south of this intersection with a series of driveways that enter and exit onto Nova Road; the narrow width of the road; and the volume of traffic that uses Nova Road. He stated prohibiting through traffic does not lend itself for safe traffic movement. Mr. Ervin stated staff is requesting approval on a temporary basis, as such, in that the traffic will be monitored by Ghyabi, Lassiter and Associates, Inc., to ensure there is no increased cut through traffic using Main Trail. He stated if there is a substantial increase in traffic using Main Trail, staff will present their findings and alternatives, which is basically what is contained in Resolution No. 89-135. Mr. Ervin stated that if the Commission disagrees with staff’s recommendation and feels that it is important to uphold Resolution No. 89-135, certain approvals are necessary from FDOT, and the time frame to obtain the approvals is uncertain. He stated in order to accommodate the opening of Wilmette Avenue and the intent of Resolution No. 89-135, temporary barricades will need to be constructed until FDOT approval is granted to perform the necessary intersection improvements.

Ms. Sheryl Crane, 8 Shawnee Trail, stated she participated in the review of the traffic element of the Comprehensive Plan when the Wilmette Avenue extension was proposed. She stated she was opposed then and continued her opposition to allowing through traffic based on the fact that The Trails is a residential community with tree lined streets, a wooden bridge, and a high volume of pedestrian and bicycle traffic. Ms. Crane did not agree that temporary barricades will work; she found the City Manager’s letter dated January 28, 1997, to be insulting; and she urged the Commission to not rescind Resolution No. 89-135. Ms. Crane expressed her belief that the City will be acting in bad faith if the proposed staff recommendation is approved. Mayor Hood advised that the current City Commissioners and senior staff members were not involved in the approval of Resolution No. 89-135 in 1989.

Mr. Martin Boyer, 1 Circle Oaks Trail, stated in the past this local government made a covenant with The Trails about the character of the neighborhood, and he expressed the importance of government to uphold trust, dependability, predictability, reliability and stability at the local level. He stated he has experience in road design and planning of developments, and he expressed opposition to the proposed changes, in particular, the need for physical barricades. Mr. Boyer suggested traffic signalization and signage to stop the through traffic. Mayor Hood interjected that what Mr. Boyer is suggesting is ultimately what staff desires; however, until FDOT approval is obtained, temporary measures must be taken. Mr. Boyer stated staff made a contradiction by stating there will be such heavy traffic from Wilmette Avenue that it may cause accidents on Nova Road; however, they told The Trails’ residents not to be concerned about increased traffic on Main Trail created from Wilmette Avenue. He expressed concern to the lack of sidewalks along portions of Main Trail, children’s safety, and protection of landscaped medians; and he gave an illustration of one existing heavily landscaped median. He stated Main Trail’s design was engineered to dissuade through traffic because, as staff mentioned, Main Trail is an internal collector road, not a community thoroughfare. Mr. Boyer expressed concern that the through traffic would govern the character of the neighborhood and changes will he made to the landscaped medians to meet FDOT criteria. He stated there are adequate alternative routes to examine, and he urged the Commission to deny staff’s request.

Mr. Bob Hannahs, 113 Shady Branch Trail, expressed disagreement with a statement made in the City Manager’s letter that there will be no increase in through traffic on Main Trail from Wilmette Avenue.

Mr. Frank Gilhooley, 343 Timberline Trail, asked why staff did not apply to FDOT for the necessary permits earlier. He asked where Commissioner Kelley was and expressed surprise to his absence since this is an important issue in the district he represents. Mr. Gilhooley stated he is the president of the Bramblewood Homeowners’ Association in The Trails and represents 40 homeowners who vehemently oppose opening Main Trail as a throughway and stated he submitted a petition to that fact three (3) weeks ago.
Mrs. Eve Hannahs, 113 Shady Branch Trail, stated at the time she purchased her home she was told there was an agreement with the City that there would be no through traffic in The Trails. She expressed safety concerns for the children and elderly residents if traffic is increased and that she wants to retain the peace and tranquillity of the residential community. She urged the Commission to vote against the request.

Ms. JoAnn Rosenbaum, 5 Shawnee Trail, stated she runs along Main Trail and expressed concerns to increased traffic, and children and pedestrian safety. She opposed opening The Trails to through traffic.

Mayor Hood polled the audience and asked how many people were opposed to changing Resolution No. 89-135; and by a show of raised hands, all, except for one (1), were opposed.

Mr. Ken Nelson, Executive Director of The Trails, submitted an eight (8) page document giving a written record of his verbal summation. He stated he was present to protect the concerns and interests of the residents of The Trails. He referred to the report conducted by Ghyabi, Lassiter & Associates and stated critical information was not taken into consideration; therefore, he assumed their recommendation to allow through traffic was strictly based on vehicle counts and computer formula. Mr. Nelson stated that in 1990, FDOT had no objection to signal display changes or pavement marking to change the traffic flow regarding Main Trail and Wilmette Avenue. He asked what, if anything, has changed on Wilmette Avenue or Main Trail to cause City staff to have FDOT conduct another review, and why the City wishes to extend Wilmette Avenue to Main Trail. He stated in a memorandum from Mr. Bob Frey, Planner, it states the reason Wilmette Avenue was designed as such is that the City of Ormond Beach lacks adequate east-west thoroughfare roadways, and he believed this was the City’s intention all along. Mr. Nelson concurred with a statement in staff’s report that Main Trail was planned with several traffic calming designs, such as reduced lane widths, center medians and sharp curves to reduce the speed and number of through trips within the subdivision. He stated staff is recommending that Sections D, F, and G, of Resolution No. 89-135 be rescinded and stated the consensus of the Association is to retain Sections D and F. He stated that with regard to Section G, it makes no difference to the Association if this section is removed or not. Mr. Nelson read an excerpt from the City Commission minutes of June 4, 1996, that Mayor Hood stated if the City Commission made an agreement in 1989, that agreement must be honored; however, if the people in The Trails find that circumstances have changed and they wish to change that agreement, the Commission and staff are willing to listen. Mr. Nelson stated Commissioner Kelley appeared before The Trails Board of Directors and stated that he would support the feelings and concerns of The Trails residents. He concluded by stating that The Trails requests that the City honor its commitment to Resolution No. 89-135, and if circumstances change, allow the residents an opportunity to discuss alternatives. Mr. Nelson stated the only difference between the existing and proposed traffic pattern is that traffic cannot go straight across the intersection at Wilmette Avenue and Main Trail; and he stated the interim proposals, including the barriers, have never been discussed or presented. He questioned why a second study is being requested by FDOT and why their 1990 recommendation would not stand.

Ms. Sandy Stone, 608 Main Trail, stated as a Realtor, she is bound to disclose any facts that may materially affect the value of a property to a perspective buyer; and in her professional opinion, all of the homes in The Trails will be less desirable if through traffic is allowed, and property values will decrease. She strongly urged the Commission not to rescind Resolution No. 89-135 and was opposed to jeopardizing the safe, tranquil, family-oriented community The Trails residents have enjoyed.

Mr. Lloyd Collins, 403 Main Trail, said he appreciated the statements made by Mr. Miller, City Manager, in that he felt an obligation to present staff’s recommendations; however, he could not concur with the opinion that there will be no noticeable increase in traffic. Mr. Collins supported Resolution No. 89-135 and questioned why the residents of The Trails have to be a "scapegoat" for someone not having the foresight to have widened Nova Road sooner than what is anticipated in the future. He disagreed with the letter from the City Manager which stated the proposed amendments will not increase through traffic in The Trails. He stated that although the recommendation was based on a detailed traffic analysis report, he felt "common sense" should have been applied also. He invited the Commission to monitor the traffic count from his residence, as he believes he is the most affected. Mr. Collins expressed concerns relative to safety issues, and he favored of waiting the additional forty-five (45) days for FDOT to review this subject prior to erecting temporary barricades. He stated six (6) accidents have occurred in front of his home, and he strongly urged the Commission to retain Resolution No. 89-135.

Ms. Joanne Remey, Timberline Trail, stated she has multiple sclerosis and uses a motorized scooter for transportation. She stated she purchased her home in The Trails for the safety of the area and landscaping. She expressed concern to safety and urged the Commission to keep the neighborhood safe.

Ms. Samantha McGlaughlin, Lake Trail, and Ms. Elena Ianicone, Mimosa Trail, presented photographs of children at bus stops, riding bicycles, etc., within The Trails development and urged the Commission to protect what they considered the "most treasured resources" from increased traffic.

Mr. Ken Wyjoleski, President of The Trails Homeowners’ Association, stated the residents have made their position very clear, and he asked the Commission to continue their faith in government and keep Resolution No. 89-135 in tact.

Mr. Dominick Ianicone, Mimosa Trail, agreed with comments made by previous speakers and asked Mr. Miller, City Manager, why Wilmette Avenue is being opened from Beach Street to Nova Road. Mr. Miller advised it is a commitment in the City’s Comprehensive Plan to alleviate the heavy traffic on Granada Boulevard and to serve as a collector street providing east/west traffic movement. Mr. Ianicone suggested that Granada Boulevard should have been widened to six (6) lanes, therefore, eliminating the need for Wilmette Avenue to be extended.

Mr. Al Hines, President of the Woodridge Trails Homeowners’ Association, supported statements from citizens made relative to this item. He described Ormond Beach as the "crowning jewel of Florida," and he stated that when purchasing his home in The Trails, he was made aware of Resolution No. 89-135, which influenced his decision to reside there. He represented that he was speaking on behalf of the Woodridge Trails homeowners to urge the Commission to honor the promises made in Resolution No. 89-135.

Mayor Hood, in response to earlier remarks relative to Commissioner Kelley’s presence, read a letter from Commissioner Kelley stating that he was unable to attend tonight’s meeting for personal and family reasons; but, he indicated his support and vote to retain Resolution No. 89-135. Mayor Hood stated that the number of letters and phone calls received from the residents in The Trails supporting Resolution No. 89-135 clearly indicates their desire and is the reason for his support to retain the Resolution. Mayor Hood stated that he is aware that Commissioner Kelley had attended meetings on this subject and has spent a lot of time considering this request.

Mayor Hood mentioned he is a resident of The Trails and stated that he has received letters that have indicated that he was in favor of amending Resolution No. 89-135. He clarified that is a rumor which is not true. He referred to the June, 1996, minutes which reflect his views. Mayor Hood explained there are two (2) principles to be considered -- the better traffic planning modality and the principal of trust between government and the people it serves. He stated the higher principle and the one that is more important to retain, is to ensure that when government makes promises and/or covenants, that those be complied with. Mayor Hood expressed doubt as to what will actually result by retaining Resolution No. 89-135; however, the City did make a promise to stay with their word. He suggested that the police monitor the area for thirty (30) days and issue warnings, inform drivers of the changes in the traffic mode, look into how to more effectively enforce this action, and then review the practical impact of this particular resolution. Mayor Hood stated he has not changed his position which is to comply with the promise made to the citizens, which is what he believed to be the only relevant issue tonight.

Commissioner Boyle thanked the people who spoke and those who wrote letters relative to this item. He stated The Trails is known for very high standards, with quality homes and quality people with high citizenship and passionate community spirit; and the community, as a whole, takes pride in The Trails. He stated staff and FDOT recommend adhering to traffic guidelines that apply to main arteries such as Nova Road, and the consultants concur based on their objective analysis of computer models of counting data. He stated in 1989 The Trails residents unanimously expressed that through traffic from Wilmette Avenue will impact their quality of life, and a promise was made by that Commission with Resolution No. 89-135. Commissioner Boyle agreed with Mayor Hood that a request to reconsider that resolution must come from the residents. He stated this is clearly a growth issue in a City that has experienced rapid and dynamic growth with some growing pains. He stated the Commission should be very sensitive to whatever impact those changes bring to preexisting neighborhoods. He reiterated Mr. Miller’s statement that the whole intent of constructing the Wilmette Avenue extension was to relieve traffic pressure on Granada Boulevard which has a low level of service. Commissioner Boyle stated that, as in previous votes on similar issues, he has consistently defended the rights of people who will suffer from impacts of change; and he stated he is against rescinding Resolution No. 89-135 until requested by The Trails residents.

Commissioner Schecter stated this is an emotional issue for him because his family built and lived in the house at 8 Choctaw Trail and subsequently his mother moved and currently lives on Shady Branch Trail. He said the roots in the neighborhood are deep; and although he represents the southeast section of the City, this resolution was personal to him and it seemed inappropriate to support the staff recommendation at a personal level as well as in his duty to represent the City as a whole. He stated that in that regard, however, the citizenry should be aware that Ghyabi Lassiter, at the City’s request, conducted a very professional traffic report. He expressed appreciation for the citizen input relative to this item. Commissioner Schecter advised he would move to deny Resolution No. 97-21; to begin permitting with FDOT immediately in the morning; and to determine if the 1990 letter from FDOT is still valid. Secondly, he stated before Wilmette Avenue opens, staff and The Trails representatives should meet, preferably tomorrow, to find out solutions in the interim, even if it means postponing the opening of Wilmette Avenue.

Commissioner Persis concurred with the comments made by the Commission; and in support of Commissioner Kelley, he stated that Commissioner Kelley does his homework and represents Zone 3 very well. He stated that Commissioner Kelley chose to be with his daughter tonight in a very important night in her life; and he respected him, as a father, for making that decision. Commissioner Persis stated as principal of Tomoka Elementary School, he considers himself a neighbor of The Trails residents, many of whose children or grandchildren attend his school, and is, therefore, quite familiar with traffic in the area. He stated that, first and foremost, he is concerned with the safety of children, and he noted there are a not-so-kind element of people that may enter The Trails and look upon the children as easy prey. He stated he did not want anyone using The Trails as a thoroughfare and supported maintaining the roads within The Trails as being for the residents only. Commissioner Persis stated a median created near Rivergate Shopping Center, Dunkin Donuts, and Walgreens on Nova Road was designed by FDOT and thought to be in the best interest of everyone; however, it was not, and with efforts by this Commission, the median was redesigned. He asked for the assistance of The Trails homeowners’ associations in educating the residents of the approved traffic patterns through newsletters, meetings, etc. He commented that he received a few telephone calls in favor of allowing Wilmette Avenue traffic to access Main Trail. Commissioner Persis thanked the residents for participating in this public meeting and stated this Commission protects the safety of the neighborhoods throughout the City. He stated he is proud of the Commission, and he believes they listen and give a fair shake to everyone. He expressed hope that the residents will leave the meeting with pride for living in the City and to be proud of the City Commission.

Call Vote on Resolution No. 97-21 Commissioner Boyle no
Commissioner Schecter no
Commissioner Persis no
failed Mayor Hood no


Commissioner Schecter moved to one (1) begin permitting immediately with FDOT and determine if the 1990 FDOT letter is still valid; and two (2) before Wilmette Avenue opens, have representatives from The Trails Homeowners’ Association or others, meet with staff at a designated time to discuss interim solutions for the immediate problems including signage and other things and to educate the people.

Mayor Hood asked if his motion includes that the police officers will only write warning tickets for the first thirty (30) days, and he asked Chief Stewart if that could be done.

Robert Stewart, Police Chief and resident of The Trails, explained that it takes more time to reach State Road 40 from Nova Road by going through the Trails than by taking Nova Road and Granada, and he gave data to support that. Chief Stewart responded to the issue of warning tickets and explained that the discretion of writing a warning ticket versus a citation rests solely with the police officer. He pointed out that as this intersection has been reviewed, there are some conditions that could potentially be very dangerous, especially U-turns on Nova Road. Chief Stewart stated that while the police officers will be diligent with their presence in trying to dissuade people from making U-turns, he reserved the right to issue citations. He noted that when the speed limit is enforced on Main Trail, approximately seventy-five (75%) percent of the violators cited are The Trails residents. Mayor Hood accepted Chief Stewart’s explanation relative to issuing warning tickets.

Commissioner Boyle seconded the motion made by Commissioner Schecter.

Call Vote: Commissioner Schecter yes
Commissioner Persis yes
Commissioner Boyle yes
carried. Mayor Hood yes


Item #10 - Reports, Suggestions, Requests

Beach Traffic Barriers
Commissioner Boyle thanked staff for forwarding a letter to the County regarding the beach traffic barriers erected at the Granada approach. He stated the letter addressed the City’s concerns, and the County is currently studying the situation.

Granada Bridge
Commissioner Boyle stated some months ago he expressed concern as echoed by the Heritage Condominium residents to the problem of pedestrians versus bicyclist, rollerbladers and skateboarders using the walkways on the Granada Bridge. He stated the two (2) signs on the bridge are currently blocked by foliage going east, or by other signage going west. Commissioner Boyle stated Mr. Miller contacted the State agency whose response was that the signage is adequate. He requested the City to erect additional signage to further discourage bicyclist and skaters from using the sidewalk. He stated he is open to suggestions to what can be done to address this situation; however, he was opposed to having police officers writing tickets to children who are on rollerblades and skateboards. Commissioner Boyle expressed his personal view that the signage is inadequate to discourage violators.

Mayor Hood asked the City Manager to place this item on the next agenda with a proposed solution, to which Mr. Miller agreed.

Staff Appreciation
Commissioner Schecter commended staff for their work on last night’s workshop, which he thought went extremely well, and he expressed pride in being a part of the City during that discussion. He thanked staff for their work on the Wilmette Avenue traffic issue, and he congratulated Mr. Dave Cahill, Employee-of-the Year, on his award.

Workshop
Mr. Miller stated a workshop is scheduled for Monday, February 17, 1997, to review the cost of service study for the Leisure Services Department.

Reimbursement for Deployment of Firefighting Units
Mayor Hood stated it is his understanding that if City fire personnel fight a fire, most homeowners’ insurance, as well as car insurance, will pay for the cost of the fire. He requested staff to review if the City can utilize those insurance claims for the cost of the City’s firefighters’ responding to a fire. He stated that issue should be reviewed to determine if that is true, and possibly adopt a policy of charging.

Item #11 - Close the Meeting
The meeting was adjourned at 8:53 PM


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