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MAY 6, 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, Ed Kelley, Carl G. Persis, City Manager Eugene Miller, City Attorney Fred S. Disselkoen, and City Clerk Veronica Patterson. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Reverend Joseph Stock, Ormond Beach Union Church. Item #3 - Pledge of Allegiance Mayor Hood led in the Pledge of Allegiance. Item #4 - Approval of Minutes Mayor Hood advised the minutes of the April 15, 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 Boyle, to approve the minutes as submitted.
Item #5 - Audience Remarks Ms. Harriet Damesek, 4 Sandpoint Circle, representing Citizens for Ormond Beach, Inc., expressed concern regarding the Southwest Interchange Complex project. She stated that based upon information from staff memoranda, conversations, observations and consultants’ reports, numerous trees were removed in at least two (2) locations on the site. She questioned if such removal was authorized, and if so, on what date. Ms. Damesek stated that the construction of a non-permitted access road caused extensive and permanent damage to a Cypress wetland and fresh water marsh totaling 2.06 acres, and she showed photographs of the access road. She stated the Cypress wetland is a "connected wetland" to the fresh water marsh and is more than one (1) acre in size. She referred to this area as numbers 621 and 641 on the map included in the material she provided to the Commission. Ms. Damesek stated that non-permitted dewatering of an 8.1 acre borrow pit directly into the Tomoka River, an Outstanding Florida Waterway, occurred, and she referred to the site as number 742 on the same map as referenced before. She stated that State officials were notified to investigate the first Tomoka River discharge, and it was discovered that a second non-permitted dewatering onto private lands south of the project took place, with the borrow pit water ultimately draining into a different location of the Tomoka River. Ms. Damesek stated Citizens for Ormond Beach, Inc., asks staff to address these allegations and believes the developer should face significant consequences for intentional, destructive actions. She requested the City Commission to authorize a complete investigation and questioned what actions the City would take if the violations occurred as described. Mayor Hood requested Mr. Clay Ervin, Planning Director, to provide a report on these issues at the next meeting. Commissioner Boyle supported the decision to place this item on the next agenda for discussion and asked, as a separate issue, if Mr. Miller, City Manager, could prepare an analysis of whether the City’s site review and inspection manpower is adequate. Mr. Miller responded that the analysis will be prepared for the next meeting for discussion. Item #6 - 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 Boyle requested that Item No. 6(L) be discussed separately. Commissioner Persis requested that Item No. 6(F) be discussed separately. Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of the Consent Agenda minus Item Nos. 6 (F) and (L).
Item #6(F) - Award of Consulting Services for Sidewalk Master Plan
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-81, as read by title only. Commissioner Persis questioned the wide variation in the bid prices received. Ms. Judy Grim, City Engineer, stated staff prepared a detailed scope of services, and the fee being awarded is the amount she expected. She stated she could not offer a reasonable explanation for the request for proposal responses to vary in price from approximately $98,000 to $15,000. Commissioner Persis expressed great satisfaction that the Sidewalk Master Plan is being prepared and stated he continues to receive calls relative to the need for sidewalks on Orchard Street from Division Avenue north to West Granada Boulevard. Ms. Grim stated a separate study has been performed for that specific area, and she explained there was found to be a lack of adequate right-of-way to construct a sidewalk. She stated, however, the Orchard Street project will be incorporated and prioritized with all the City-wide sidewalks in the Sidewalk Master Plan.
Item 6(H) - Florida International Festival Funding At the request of a citizen in the audience, Mayor Hood opened the floor to discussion of Item 6(H) relative to the Florida International Festival funding. Ms. Debbie Sands, 87 Kenilworth Avenue, expressed opposition to the City appropriating $5,000.00 to a professional organization such as the Florida International Festival, when there are local organizations within the City that could use the funds. Mayor Hood explained the Commission previously approved funds being allocated to the 1997 Florida International Festival, also known as the London Symphony Orchestra (LSO), because it is their belief that the LSO brings a great deal of public relations to our community. Mayor Hood asked the Commission if they wished to revisit this item, to which no one responded in the affirmative. Ms. Sands voiced objection to taxpayers’ money supporting an "outside organization" and stated the amount of $5,000.00 virtually allows the LSO to use the Performing Arts Center at no charge. Mayor Hood stated the LSO provides concerts and instruction for many people, including disadvantaged children in Ormond Beach, as well as others in the Volusia County area. He stated the LSO is a good product and is something that the City should be associated with. Ms. Sands asked for information on the program’s benefits to disadvantaged children, to which Mayor Hood stated that as a member of the Board of Directors for the Florida International Festival, he would be happy to provide the information and encouraged Ms. Sands to contact his office. Item #6(L) - Closing Time for Fortunato Park
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution No. 97-87, as read by title only. Ms. Josephine LeBrun, 1 John Anderson Drive, Unit 601, spoke on behalf of the Ormond Heritage Condominium residents and read a statement where the Commission previously assured the residents that Fortunato Park would close at 9:00 PM or sunset, whichever is earlier. She stated she expected the Commission to honor their commitment, and she suggested the closing time language read "sunset," so as not to confuse the interpretation. Mr. Bill Seaborn, 56 John Anderson Drive, urged the Commission to close Fortunato Park at sunset and voiced objection to the wording setting the closing time "at the later of 9:00 PM or sunset." Commissioner Boyle acknowledged that an article appeared in the newspaper that may have contained a technical "glitch," and he stated it is his understanding that there was a 4 to 1 vote at the last meeting to keep Fortunato Park open until sundown or 9:00 PM, whichever was later. He stated this "glitch" gives the Commission another chance to reconsider this item. Commissioner Boyle stated he is strongly in favor of closing Fortunato Park at sundown year round and suggested that Fortunato Park and Rockefeller Gardens close at the same time. He noted that the sign at Rockefeller Gardens states the park closes at sundown. He stated both of these parks border residential neighborhoods, and citizens from these neighborhoods have requested the sunset closing time. He stated this afternoon, the Commission received scores of letters, petitions and phone calls requesting the sunset closing. Commissioner Boyle stated the residents are justifiably concerned about the potential for problems in the parks after dark and also about the colonies of homeless people who are attracted to the Granada Bridge area during certain seasons of the year. He stated that members of the Police Department also favor sunset closings for a variety of reasons. Commissioner Boyle stated he is opposed to Resolution No. 97-87 and moved to amend Resolution No. 97-75 calling for a sundown closing for both Fortunato Park and Rockefeller Gardens Park. Commissioner Schecter seconded the motion. Commissioner Schecter expressed support of the motion to combine the closing of both parks to the same time, and more importantly, he stated it is better to be safe than sorry for the first summer that Fortunato Park is open. He requested the Commission revisit this topic after Labor Day, if necessary. Commissioner Kelley asked Police Chief Stewart for the number of complaints or incidents that have been received at Riverbridge Gardens due to its midnight closing. Chief Stewart responded that, to his knowledge, there have been "some problems," but he did not have the exact figures. Commissioner Kelley did not believe there is enough of a problem to justify both parks closing at sunset. Commissioner Boyle clarified that he was addressing Rockefeller Gardens, not Riverbridge Gardens, and stated that with regard to Riverbridge Gardens, a colony of homeless people were living just to the north of the park this past winter. Mr. Disselkoen, City Attorney, advised that the Jazz Matazz and Fourth of July functions occur after sunset, and the Commission may want to exempt that particular event from the sunset closing provision. Commissioners Boyle and Schecter agreed to include that provision in the motion. Mayor Hood clarified that the motion to amend is to pass Resolution No. 97-87 with the understanding that Fortunato Park and Rockefeller Gardens will close at sunset. Commissioner Boyle explained he wanted to also amend the original Resolution No. 97-75 which called for Rockefeller Gardens to close at 11:00 PM, and his motion is that both parks close at sunset throughout the year. He stated the language is interpreted liberally by police officers, and he stated the sunset provision will give the police the opportunity to investigate suspicious activity and to enforce the closing. Mr. Disselkoen stated that Resolution No. 96-100, which established the closing time for Fortunato Park at 9:00 PM, will also be amended. Commissioner Kelley stated he objected to the sunset closing provision and questioned its applicability on other permitted events that may operate at those parks after sunset. Commissioner Boyle stated he will amend his motion to add the language "except for special functions." Mayor Hood stated the term "special functions" is an ambiguous question that can include many things, and he suggested handling event requests for exemptions status quo. Commissioner Boyle withdrew his amendment with regard to the special function language.
Item #7(A) - Wilmette Avenue/Nova Road/Main Trail intersection Mayor Hood offered a summary of actions taken with regard to this particular issue. He stated there have been four (4) public hearings on the Wilmette Avenue intersection and close to five (5) hours of testimony has been heard. He outlined the following issues that have been previously voiced: (1) complaints about the failure to allow through traffic in that it creates a serious safety issue, especially to those senior citizens who have to exit The Trails Shopping Center to go east and must cross Nova Road; (2) complaints that it is not fair that citizens are not allowed to cross the Wilmette intersection in order to access the Nova Recreation Complex and Trails Shopping Center; (3) statements that there is a safety danger to children and residents of The Trails if the City allows through traffic because they believe the increased traffic will create a hazard; (4) comments that if the City allows through traffic that a need will occur to eliminate the existing medians, landscaping and tress along Main Trail; (5) arguments on the basic inequity of closing the intersection and thereby creating somewhat of a private street on Main Trail when those particular measures are not taken on other streets within the City; and (6) there are those that argue that to do so, is basically unfair to people who live on roads such as Wilmette and Lincoln Avenues that are used a through streets. Mayor Hood stated that on February 4, 1997, the City Commission ratified the resolution that was adopted in 1989, and the minutes reflect that the Commission felt the greater principle, at that time, was that the government had made a promise in 1989, and this Commission agreed to abide by that earlier promise with the understanding that by ratifying the resolution, there would be a public outcry and great public discussion. He stated that when the resolution was ratified, the Commission stated that the issue would be revisited in ninety (90) days because the Commission believed that there would be the very problems that many people say have resulted. Mayor Hood stated this is the last public hearing to discuss and revisit the Wilmette Avenue intersection to determine if there needs to be a change in the policy that was ratified on February 4, 1997. He suggested that since there has been more than five (5) hours of discussion involved on this issue, that the public confine themselves to comments that explore "new ground," that articulate new facts and new issues that have not already been summarized or discussed before, and that comments be limited to three (3) minutes. Mr. Ken Modzelewski, President of The Trails Homeowners’ Association (HOA), thanked the City Commission for enduring through this issue and apologized for any negative references that may have been made to any of the Commissioners. He stated this is a sensitive issue and urged the Commission to continue to support Resolution No. 89-135, and to honor the commitment made by the previous City Commission. Ms. Gloria Kious, 931 Northbrook Drive, stated that during the past two (2) months that she been working on opening the Wilmette Avenue intersection, she has learned a great deal on how the City government works. She stated a resolution is not a law or a contract, nor is it binding, and there is no legal issue involved in this matter. She pointed out that all resolutions, ordinances and zoning laws are promises to the people of this City, and every amendment represents a broken or changed promise which is all part of the legislative process necessary to manage growth within a City and happens at every meeting. Ms. Kious stated that it is within the authority of every local government to change traffic patterns, but doing so requires a compelling reason. She stated the City’s Vision Statement obligates the government to be "even-handed," and any courtesy that is extended to The Trails should be offered to all residents. She urged the Commission to remove the traffic signs and open the Wilmette Avenue intersection to through traffic. Ms. Tina Share, 1317 Overbrook Drive, stated the first amendment guarantees the freedoms of speech, press, religion, peaceable assembly and petitioning for changes in the government. She stated that over one thousand (1,000) people, including The Trails’ residents, signed the petition to return the Wilmette Avenue intersection to through traffic as has been allowed for the past ten (10) years. Ms. Share gave the following safety facts related to this intersection: between February 28, and April 26, 1997, there have been four (4) accidents; there have been sixty-four (64) traffic citations issued to violators crossing the intersection, which cost seventy ($70) dollars and three (3) points assessed to the driver’s record; and according to the Police Department, speeding is an internal safety problem within The Trails with greater than seventy-five (75%) percent of the speeding tickets issued to Trails’ residents. Ms. Share stated the traffic that previously traveled across the thirty (30)’ feet to the other side of the Wilmette intersection is now endangering the lives of pedestrians in the Lakebridge subdivision, the Barnett Bank parking lot, and The Trails’ Shopping Center. She stated students walking to and from Tomoka Elementary School have crossing guards, sidewalks, bike paths and pedestrian crossing zones to offer protection, unlike Lakebridge Drive which has none of these items for its children but is being used by motorists as an alternate route. She stated that according to Volusia County School Board figures, one hundred thirty (130) Trails’ children attend Tomoka Elementary, and only fifty (50) of those children bike or walk to or from school; and this contrasts with the twelve thousand (12,000) people per month, mostly children, that the City estimates use the Nova Recreation Complex. Ms. Share stated that at the last meeting it was reported by a Trails’ resident that there are twenty-six (26) school bus stops on the 1.3 mile Main Trail, and she clarified that these stops are for middle and high-school students, not elementary children. She stated school buses have been seen crossing through the intersection and using The Trails’ Shopping Center parking lot as a short cut, both of which are illegal maneuvers. She stated Ormond Beach Middle School officials have ordered the buses to use Granada Boulevard instead of Wilmette Avenue to take students home to The Trails’, which is a longer route costing taxpayers extra in fuel and maintenance, and this route takes the buses through the two (2) most dangerous intersections in Ormond Beach. Ms. Share stated the Florida Department of Transportation (FDOT), Ormond Beach Planning Department and the Ghyabi, Lassiter and Associates, Inc., traffic studies, all unbiased, recommended leaving the Wilmette Avenue intersection open due to safety concerns. Therefore, she suggested that The Trails’ adopt an alternate solution to address their safety concerns, and she offered the following three (3) possibilities: (1) work with the Police Department to increase patrols through the Selected Traffic Enforcement Program known as STEP; (2) add additional stop signs; or (3) go private, closing all entrances except the two (2) main ends of Main Trail and install security gates to prohibit non-resident traffic. Ms. Share stated that until such time as The Trails’ becomes a private development, Main Trail is a public road. Mr. Don Ianacone, Mimosa Trail, stated he has come to the conclusion that residents cannot fight progress and that the Commission has been successful in polarizing the City. He stated this matter needs to be negotiated and compromises made by each party. Mr. Ianacone described a recent incident involving a garbage truck attempting to maneuver through The Trails’ development, and he stated had Main Trail been open to through traffic when this incident occurred, there would have been a greater possibility for an accident to occur. He suggested that if the medians are removed, that The Trails’ pool and clubhouse be privatized, and by doing so, The Trails’ residents will save one-half million dollars that is being paid to The Trails in exchange for the City giving water at no charge to irrigate the medians. Mr. Tony James, 43 Myra Boulevard, stated there was a serious accident recently on Nova Road in front of the Burger King which he attributed to the traffic congestion caused by the Wilmette Avenue intersection being closed to through traffic. He stated that when the resolution was adopted in 1989, a traffic study had not been conducted, and if one had, it would have reflected the problems being currently experienced. Mr. James stated that taxpayers’ money is used for street repairs throughout the City, including streets within The Trails, re-enforcing the fact that Main Trail is a public road and is subject to public use. Mr. Richard Gassett, 283 Greenwood Avenue, stated he has a unique relationship with this item as he worked with the engineering firms that designed The Trails and that designed the Wilmette Avenue extension. Mr. Gassett stated this is an appropriate approach to address this situation, and he gave examples and brief explanations of the truths and myths related to this item as follows: Truths - five (5) engineering groups, City engineers and planners recommend allowing through traffic; Trails’ residents are prevented from direct access to the east; not opening Main Trail will be dangerous; Main Trail is a public road and should be open to everyone. Myths - increased traffic through The Trails; Main Trail will be a conduit to Route 40 through The Trails; Trails’ residents will be endangered by more traffic entering Main Trail; and opening Main Trail will be dangerous. Mr. Joe Rivera , representing the firm of Traffic, Planning and Design, stated his firm was retained by The Trails’ HOA to review the subject area and the traffic studies that have been prepared. He suggested that the Commission, in looking at the opening of this roadway, consider the long range view and protection for The Trails because as traffic increases on Nova Road, people will choose short cuts which will cause an increase in traffic through The Trails. He stated in reviewing staff comments he noticed staff used the significant degradation value of ten (10%) percent, and he suggested using the FDOT’s five (5%) percent significant degradation criteria in terms of looking at an increase in traffic. Mr. Rivera stated that as the type of use on Main Trail increases from a local road to a collector type road, modifications may be necessary to meet the green book standards. He suggested classifying Main Trail as a special type of roadway to protect its unique nature, and he recommended stricter enforcement of traffic infractions. Mr. Motts Berry, 6 Pueblo Trail, stated he represents a significant minority of Trails’ residents that support opening the Wilmette Avenue intersection. He stated preserving the sanctity of The Trails and the ability to safely cross the intersection to access facilities such as the Nova Recreation Complex and The Trails Shopping Center are the main issues. He recommended designating Main Trail as a scenic roadway, which will maintain the sanctity of The Trails, and that the necessary steps be taken to not promote through traffic but allow access to community facilities. Mayor Hood advised that provision 12.07 of the Land Development Code gives the Commission the right to designate certain roads as "canopy roads," which accomplishes what Mr. Berry suggested. Mr. Martin Boire, 1 Circle Oaks Trail, stated he has previously appeared on this issue as a Trails’ resident and as a spokesman for The Trails, and tonight he is a blend of both. He stated he was retained by The Trails’ Board of Directors as an consultant to advise them on this issue. Mr. Boire explained there are three (3) groups of people affected by this decision and one of those is the group of people on the east side of the City that wants to be able to cross over Nova Road to access the shopping center and recreation areas, with a very small percentage of those people expressing a desire to complete a trip through The Trails. He stated the second group of concerned people are The Trails’ residents that thought they had a "shield" in 1989 which was intended to protect a uniquely designed road, and they want to continue that protection. Mr. Boire stated the third group consists of people from within The Trails that shop in the shopping center and use the recreation facility and need to leave those places to travel eastward through a signaled intersection. He stated that FDOT will not issue another traffic signal on Nova Road for the north entrance to the playground because the spacing is too close to Main Trail, nor will FDOT approve a traffic signal on Nova Road south of Main Trail to Granada Boulevard because of spacing and congestion. Mr. Boire stated the Commission previously voted to uphold Resolution No. 89-135 and are now revisiting the issue after observing the driving practices and hearing the opinions of the population studying that issue. He distributed a paper to the Commission outlining proposed language for amendments to Resolution No. 89-135 that will address specific concerns of The Trails’ residents. He recommended the City and The Trails enter into a bilateral agreement which provides a code for the preservation of Main Trail in its current configuration and grants the Trails the option to assume full responsibility of the development’s interior roads. Mr. Boire stated that before an agreement can be negotiated The Trails’ Board of Directors would be responsible for obtaining the homeowners’ approval. Mayor Hood stated that he did not disagree with the intent of Mr. Boire’s suggestion; however, he emphasized that every resident, including those in The Trails’, has the inherent right to petition the City to take over responsibility for their roads. Mr. Disselkoen agreed that citizen’s have that right, and advised Mr. Boire’s recommended language is a "restatement of a truism." Mr. Boire recommended amending paragraph (c) of Resolution No. 89-135 to add specifics of exactly how the road will be maintained and what will be preserved; defining substantial increase as five (5%) percent rather than ten (10%) percent; and using the most recent traffic counts after the resignalization of the Nova Road/Wilmette Avenue intersection. Mayor Hood asked Mr. Boire if he will agree that a traffic count needs to be conducted on South Saint Andrews within the Tomoka Oaks subdivision because Trails’ residents use that entrance to enter The Trails development, and that those figures be used when designing the baseline, to which Mr. Boire agreed. Mr. Boire stated that the proposed resolution states the City will monitor the volume of traffic for six (6) months; and that since The Trails’ bridge is scheduled for repair, he asked that the monitor period not be conducted during the construction phase. Ms. Jane Storms, 885 Lindenwood Circle, stated the overwhelming response to the petitions requesting that the Wilmette Avenue intersection be opened to through traffic were signed by people who live throughout the City, and she wanted to dispel the "east vs. west myth." She stated that residents have chosen to shop at the new Winn-Dixie store on Granada Boulevard rather than the Publix supermarket located in The Trails’ Shopping Center because of the difficulty accessing the Center. Mrs. Storms stated that some parents are reconsidering registering their children for programs at the Nova Recreation Complex because it is becoming increasingly difficult to access. She stated the existing traffic pattern is confusing and hazardous, and she encouraged the intersection be opened to allow east/west movement. Mr. Richard Braunstein, 3 Pueblo Trail, urged the Commission to open the Main Trail/Wilmette Avenue intersection and stated the current configuration is causing motorist to make hazardous movements to avoid the intersection. He stressed the fact that it is not an aesthetic issue, but that of safety. Ms. Rita Press, 875 Wilmette Avenue, applauded The Trails’ residents who expressed support of opening the Wilmette Avenue intersection. She advised that an item was approved on tonight’s consent agenda accepting a bid to renovate the Main Trail Bridge in the amount of $271,800.00. She stated the main issue of this topic is that Main Trail is a public road and should be used by the public. She described The Trails’ as a beautiful neighborhood; however, it is not a private community, and if a decision is made to make it a private community, The Trails’ residents will have to accept financial responsibility for maintaining the roads, sidewalks, signs, and the bridge within the development. Ms. Press supported the suggestions to designate Main Trail as a scenic route and to open the intersection to through traffic. Mr. Mallard, 620 Main Trail, objected to the Commission reconsidering their vote to open the Wilmette Avenue intersection to allow east/west traffic, and he encouraged the Commission to honor its previous action to ratify Resolution No. 89-135. He stated former Mayor Nicholas Fortunato spoke at a previous meeting, and he paraphrased that Mr. Fortunato admitted that the prior Commission made a commitment to The Trails’ but "really did not mean it." Mr. Mallard stated if the Commission does not vote to fulfill the City’s commitment made with respect to Main Trail, then it is stating that the City cannot make a firm, honorable commitment. Ms. Maureen Bridger, 407 Main Trail, supported maintaining The Trails as an established neighborhood and stated these types of neighborhoods are a positive aspect of Ormond Beach which lend to the City’s character. She expressed concern relative to safety in The Trails’ and encouraged the retention of all the medians within that development. Mayor Hood advised that Mr. Mallard misstated what former Mayor Fortunato actually said during a previous meeting. He clarified that Mr. Fortunato had stated that when the previous Commission voted on this issue in 1989, they had meant the commitment; however, he now expressed the belief that the decision was a mistake. Mr. Nicholas Fortunato, former mayor, concurred with Mayor Hood’s statement and reiterated that he did not state the City did not have a commitment to The Trails, but that a political mistake was made because only people representing The Trails’ were at the meeting and a traffic study was not conducted, nor was consideration given to the effect on the entrance to the recreation area. Mr. Fortunato encouraged opening the Wilmette Avenue intersection, and he stated a statement could be included in the resolution expressing the Commission’s policy to take the necessary steps so that Main Trail is not used as a through street. Ms. Audrey Young, 6 Fox Run Trail, stated that for years hardly any motorist crossed Nova Road from Wilmette Avenue to Main Trail and she questioned how residents accessed the shopping center and the recreation playground before the Wilmette Avenue extension was constructed. Mr. Edwin Bush, Sycamore Circle, in response to the previous speaker’s comments, stated traffic could also move from north to south before I-95 was constructed, but not as well. Since both sides of this issue have been heard, he asked that the Commission end the discussion and vote on this item. Mayor Hood explained this is the public hearing portion of the discussion, and if no one has anything that has not been said, he called for a motion to close the public hearing. Commissioner Kelley moved, seconded by Commissioner Persis, to close the public hearing on Item #7(A). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Persis, for approval of Resolution No. 97-88, as read by title only. Commissioner Boyle thanked all the citizens who have participated in these extensive public hearings over the years by appearing at the public hearings, sending letters, and making telephone calls, and he expressed sincere appreciation because it assists the Commission in making the decision. He thanked Mayor Hood for his patience and impartial conduct of the meeting. Commissioner Boyle stated both sides make valid points and that adds to the difficulty of this decision, and he commented there is no right or wrong answer--there is only a best answer. He stated that whatever decision is made, he hoped that the citizens could accept the decision and move forward as a community. He stated The Trails’ residents who have said that opening the Wilmette Avenue intersection will increase traffic are correct, and the studies indicate an approximate ten (10%) percent increase. Commissioner Boyle stated that he disagrees that it would be right for the City to impose a hardship on any neighborhood for the convenience of the community at-large; and he stated this may have already happened on east Wilmette Avenue, where impact from this new road extension created an increase in the number of trucks and traffic violators which he stated causes heartbreak to the people who have lived quietly on Wilmette Avenue before the extension was completed. He stated, in response to a comment made by Ms. Young, that this extension was not constructed for traffic convenience, but to allow more development in Ormond Beach. Commissioner Boyle stated that his votes on similar issues in the past have consistently defended established neighborhoods against the impacts of new development and growth. He stated that recurring conflict is now classically illustrated at both ends of Wilmette Avenue. He stated his instincts in this case are outweighed by the following three (3) developments that were never anticipated in 1989: (1) a significant number of Trails’ residents are now asking that the intersection be opened, joining the position of people who live outside The Trails’, as referenced by Mr. Berry and Mr. Braunstein in their earlier comments; (2) the current intersection is dysfunctional and inhibits access to the Nova Recreation Complex and other City destinations, as referenced previously by Mr. Gassett; and (3) incidental traffic is now cutting through the Barnett Bank property, The Trails’ Shopping Center, and the Lakebridge subdivision. Commissioner Boyle suggested the City explore other remedies to keep traffic off Main Trail and to preserve its unique character. He stated he would "honor the spirit, if not the letter of the commitment" made in 1989 that was referenced by Mr. Mallard earlier. He asked the Commission to direct that a study be conducted to facilitate a left-turn arrow for southbound traffic on Nova Road, and he stated his vote is to open the intersection. Commissioner Schecter expressed sincere thanks and appreciation to former Mayor Nicholas Fortunato and former Commissioners, Jerry Brandon, Tony James, and Joe Thompson for their attendance tonight, and he stated he hoped any action by the current Commission does not put a blight on the major accomplishments these gentlemen have made in the many years they served on the Commission. He stated he had a change of opinion on this item after the last meeting when Mr. Fortunato spoke and referenced the fact that potentially a mistake had been made. Commissioner Schecter stated his family built the home at 8 Choctaw Trail in which he lived for over a decade, and he has "deep roots" in that neighborhood and respects, in many ways, what the neighborhood used to mean and what it should mean in the future. He stated the convenience argument is not the strongest in his mind; however, it is the question of whether the Commission has the right to close a public intersection, to which he responded it does not. Commissioner Schecter stated one of the things that politicians must do is to admit their mistakes in public, and he stated he is willing to do that. He requested that Resolution No. 97-88 be adopted as written, saving five (5) of the eight (8) provisions of Resolution No. 89-135 which pertain to the beautification issues and protection of the medians. He requested increasing the size of the signs, not the number of signs, that emphasize "no through traffic," and having the penalty for doing such clearly posted on the signs. Commissioner Schecter suggested reorienting the entrance to the Nova Recreation Complex off of Main Trail onto Nova Road either once it is widened, or once the landfill closure is completed, as referenced in the staff report. He asked that, by motion, the Commission adopt the "canopy road concept" and process it through the Planning Board as soon as possible. Commissioner Schecter voiced support to opening the Wilmette Avenue extension. Commissioner Kelley stated each of the Commissioners has a direct or indirect tie to The Trails’ which lends to the difficulty in making a decision. He stated he was a Trails’ resident from 1983 to 1992 and traveled Wilmette Avenue often. He stated since last week many Trails’ residents have expressed appreciation that the Commission upheld the honor of a previous commission and agreed to revisit the item--and have requested the Commission do the "sensible thing" and open the intersection to east/west traffic. Commissioner Kelley recommended adopting the resolution as presented, and review the remarks made by Commissioner Schecter at a later date. Commissioner Persis thanked everyone for giving their input over the past months, and he stated for safety reasons he agreed to uphold Resolution No. 89-135, with the understanding that the item would be revisited. He stated he did not vote for the resolution based on his friends living in The Trails’ or because of being the principal at Tomoka Elementary for six (6) years where most of the children live in The Trails’. He stated he supports opening the Wilmette Avenue intersection for safety reasons. He stated it is important to put oneself in the other person’s place to understand the emotionality of this issue, and he asked that this issue not drive a wedge in this community’s harmony. Mayor Hood expressed thanks to the residents for taking the time to participate in the public hearing process, to write letters, and to make calls expressing their views. He stated in five (5) years of serving in public office, he has spent more time on this issue than any other, including the privatization issue. He stated the only thing that is disturbing to him is that some people have a tendency to take an issue beyond the principal that reasonable people can disagree. Mayor Hood stated that during all of the meetings where this item has been discussed, no one has complained about traffic going east on Wilmette Avenue from Main Trail, nor has there been a complaint about traffic being allowed to access The Trails’ Shopping Center or Nova Recreation Complex from the east. He stated the Commission is attempting to preserve the short and long-term safety issues of potential increased traffic on Main Trail past the entrances to the Nova Recreation Complex and The Trails’ Shopping Center. Mayor Hood stated this concern can be solved more simply than closing the intersection at Wilmette Avenue. He stated the issues with regard to removing the trees and medians within The Trials’ can be solved by adopting a canopy tree ordinance for Main Trail. He stated he has learned that often times people are concerned about great impacts they perceive may happen but which do not, and he gave the Sanitation Division privatization as an example. Mayor Hood endorsed monitoring the volume of traffic on Main Trail for six (6) months to determine if there is increased traffic that creates a safety issue at which time the Commission can revisit the issue and may determine there is a better solution to handle the overall problem. He stated the compromises suggested by Mr. Boire are all fundamental rights of everyone in this City. He stated if The Trails’ homeowners want to make their streets private, they have the right, as does everyone else, to make a request to the Commission. Mayor Hood recommended opening the Main Trail/Wilmette Avenue intersection to allow east-west traffic, with all the safety regulations that have been decided upon, and spending one-hundred eighty (180) days, following The Trails’ bridge repair, to monitor the traffic. He stated if there is a significant increase in through traffic, the Commission will give further consideration to the prohibition of east-west traffic at the Main Trail/Wilmette Avenue and Nova Road intersection at that time. Mayor Hood expressed the hope that the citizens will leave the meeting with the understanding that this is a hard decision to make either way. Commissioner Schecter asked if the canopy tree designation could be included in the resolution or if the Commission can direct staff to process the request. Mr. Disselkoen stated direction to staff is adequate. He advised this request will be presented to the Planning Board, and an amendment to the Land Development will be required to include Main Trail in the current list of designated streets. Mayor Hood stated the consensus of the Commission is to process the request.
Mayor Hood thanked the members of the audience for attending the public hearing. Item #7(B) - Relative to Wrecker Services Commissioner Schecter moved, seconded by Commissioner Kelley, to close the public hearing on Item #7(B). The motion carried unanimously.
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-17, on second reading, as read by title only. Commissioner Persis commented on a related issue which occurs in the Forest Hills subdivision whereby tractors trailers, semi-trucks and wrecker trucks park in the vacant area near the entrance to the subdivision, and he asked if a sign could be erected prohibiting parking on that site. Mr. Ervin stated he will research the matter, and the Code Enforcement Officer will notify the property owner that a violation is occurring and that the owner is responsible to post the property to prohibit parking.
Item #8(A) - Ormond Lakes, Unit VII and VIII - Final Plats
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-18, on first reading, as read by title only.
Item #8(B) - Ormond Lakes Business Center - Final Plat
Commissioner Kelley moved, seconded by Commissioner Schecter, for approval of Ordinance No. 97-19, on first reading, as read by title only. Mr. Clay Ervin, Planning Director, explained this project is located at the corner of North US#1 and Southland Road and is designated I-1 (Light Industrial). He stated the applicant has platted the property in accordance with Article XVII of the Land Development Code, and he noted that the size of these lots exceed the minimum requirements for the I-1 zoning district. He stated there are substantial buffers located adjacent to the residential properties to the north that will eventually surround this property. Mr. Ervin stated this industrial park project is an example of the type of development the City encourages. Mayor Hood asked for clarification that the applicant is complying to all City rules, regulations and codes, to which Mr. Ervin responded that, in some cases, the applicant has exceeded the minimum requirements. Mayor Hood stated as a matter of right, the applicant is permitted to develop the subdivision, and the Commission has no discretion, as long as all of the City’s regulations are complied with, to which Mr. Ervin concurred. Mr. Ervin stated that complaints were received by the adjacent property owners located in the unincorporated Volusia County area north of the site. He stated the main concern expressed was the proximity of the single-family homes adjacent to an industrial park, and he displayed a map illustrating the subject properties. He explained that the shared property line between the residences and the industrial area has a two-hundred fifty (250’) foot wide retention pond and there will also be a six (6’) foot high wall constructed. He stated the first lot of industrial development will be at least two-hundred fifty (250’) feet from that shared property line with building setbacks and buffers in addition to that. Mr. Ervin stated the applicant has relented to developing the site to the allowed maximum area on this property and is using natural occurring wetlands and retention areas to serve as buffers, as well as constructing a six (6’) foot wall. Mayor Hood reiterated that legally the Commission does not have the right to deny this request. Mr. Disselkoen stated that in addition to the items described by Mr. Ervin, the applicant has included a limitation of uses on all of the lots in the proposed covenants and restrictions which limits a lot of the otherwise allowed uses in the I-1 district which would be offensive. Mr. Marv Howell, 119 Pine Creek Trail, representing the Pine Creek Estates homeowners, stated he is not opposed to the development of the industrial park; however, he expressed concern to the aesthetic value and the noise factors generated from an industrial site. He stated the applicant is proposing to construct a six (6’) foot high wall in front of the retention area, which is an open area and acts as a sound enhancer instead of a sound buffer, and he questioned the amount of buffer proposed behind the wall. Mr. Howell stated there is a thirty (30’) foot upland buffer zone that extends into the wetlands area, and he asked that the wall proposed along the retention area be continued twenty (20’) to thirty (30’) feet, which would reflect the sound back into their project versus being directed into the subdivision. He stated his main concern relates to an open air industrial site being allowed on Lots 6 and 7, and he suggested special wording be included on the final plat stating that Lots 6 and 7 would be a closed, self-contained industrial site and not an open air type of industry. Mayor Hood stated the City does not have the legal ability to impose that restriction on the site. Mr. Howell stated it is his understanding that the development may include a truss plant, and he questioned if that is a permitted use. He expressed concern to the increased traffic on Southland Road generated by this development, and he mentioned there is a school bus stop on Southland Road for the children who reside in Pine Creek Estates. Mr. Ervin explained that the landscaping requirements for the retention area require a certain number of perimeter tree plantings and ground cover, and it is his understanding a tree mitigation plan will be utilized in this area for most of the landscaping to serve as an additional vegetative buffer. He stated that with regard to the traffic study issue, staff analyzed the situation and determined that Southland Road is the only direct road to access US#1 both north and south bound. He stated discussion has taken place with FDOT with regard to installing an additional "cut" on US#1 just south of Southland Road, and FDOT has firmly stated that a cut will not be approved and would not meet their access management requirements. Mr. Parker Mynchenberg, P.E., on behalf of Ormond Business Center, Inc., disagreed that an additional thirty (30’) foot buffer will help reduce the sound to any extent. He stated in order to mitigate the sound, the applicant did agree to provide a twenty (20’) foot natural buffer adjacent to the wall, and in addition to that, the applicant will meet with the City’s landscape architect and will plant additional landscaping to fill any "openings" that may exist in the buffer. Mr. Mynchenberg stated that the development could have been designed to come within ten (10’) feet of the property with loading areas, and a building is permitted to be constructed twenty-five (25’) feet from the property line. Instead, he advised, the developer is aware of the adjacent residential area and so the stormwater management system was designed to provide an additional separation as indicated on the plans. With regard to the type of uses proposed, he stated the uses are permitted under the I-1 restrictions, and at this point, if a truss plant is developed it will have to meet City ordinances to provide protection to the adjacent property owners. Mr. Ervin clarified that when the questions arose by the adjacent property owners with respect to the permitted uses on the site, staff pointed out there are certain limitations on outdoor activities and outdoor storage, and if a plan exceeds the requirement, the request will be subject to a Conditional Use Permit process. Mr. Mehdi Firouzadj, 110 Pine Creek Court, stated he did not object to the development; however, he expressed concern to the potential increase in traffic on Southland Road. He stated that the residents adjacent to the industrial site are presently subjected to existing noise, traffic and excessive trash generated by HOMAC Manufacturing Company. Mr. Ervin stated he contacted the County and it was determined that since 1994 there has been one (1) accident per year at the intersection of Southland Road and US#1. He stated that with regard to the level of service as mentioned by Mr. Firouzadj, staff is aware there is an intersection problem; however, not until a traffic signal is installed at that intersection, will the level of service improve. Commissioner Schecter stated he is concerned about the comment made with regard to trash in or near HOMAC and asked if this situation can be enforced. Mr. Ervin stated that he will contact Mr. Kevin Gray, Solid Waste Coordinator, to inquire if complaints have been received, and Mayor Hood directed staff to refer this item to code enforcement for processing. Ms. Alice Gerken, 121 Pine Creek Trail, stated she works with industrial manufacturers setting up occupational safety and health programs, and some of her biggest clients are truss manufacturing companies so she is well aware of the noise generated. She expressed concern to the potential increased traffic on Southland Road and asked if sidewalks could be constructed along the roadway for pedestrian and bicyclist safety. Ms. Gerken stated a school bus stop is located at the intersection of US#1 and Southland Road, and she asked that consideration be given to relocating the bus stop to a designated area closer to the subdivision and away from the industrial parks. Mr. Bob Provenzano, 125 Pine Creek Trail, stated he represents most of the views of his neighbors as not being against development; however, there is strong concern relative to the buffer on Lot 7. He requested the applicant retain more of the existing natural buffer than shown on the plans which may possibly eliminate the need to construct the wall. Mr. Provenzano addressed the issue of a truss plant possibly being developed, and he questioned how that development would be permitted under the I-1 restriction that outdoor storage space cannot exceed ten (10%) percent of indoor floor space. Mr. Ervin clarified that the request being considered is not for the approval of a truss plant, and he assured that the industrial park project meets the I-1 standards and that there has been no request for waivers, variances, or exceptions to those standards. He stated if a request is made to amend the standards regarding outdoor uses, activities, storage, and buffers, it will require that a public hearing be held and the legally required notification be given. Mr. Mynchenberg indicated the applicant does not intend to make those types requests. Mayor Hood advised that the developer is already exceeding the minimums required; however, he asked that Mr. Ervin and Mr. Mynchenberg relay the expressed concerns to the developer to enhance the buffer to accommodate the adjacent property owners. Commissioner Boyle stated he understood the concerns expressed by the adjacent property owners because the plan is to develop an industrial project next to a residential area, and he stated he saw the potential for great problems and impacts on these homeowners. He asked if a truss manufacturing company is contemplated for one of the lots in question, or if it is just a possibility, to which Mr. Mynchenberg responded that it is a possibility. Commissioner Boyle stated that truss manufacturing is noisy, and he expressed hope that there will be a way to prohibit truss manufacturing on those two (2) lots. He gave an analogy to the Blockbuster development, whereby the City approved a project adjacent to an unincorporated area of Volusia County, and he stated he did not want to negatively impact another neighborhood as was done with the approval of the Blockbuster development. Commissioner Boyle asked that the City treat County residents with the same sensitivity given to residents within the City limits. He expressed appreciation to this public meeting process and to allowing the County residents to voice their concerns. He endorsed assisting the residents in requesting sidewalk construction along Southland Road; he encouraged that the maximum percentage of the natural buffer be retained to buffer the noise; and he suggested the residents contact Mr. John Hosfield of the Volusia County School Board relative to the school bus stop issue. Commissioner Boyle asked for clarification as to why the Commission cannot vote to deny this. Mr. Disselkoen advised the applicant meets all of the requirements of the platting statute, Code of Ordinances and Land Development Code; however, the request still requires City Commission approval, but it is basically an administerial act. Mayor Hood advised that as long as the applicant complies with the rules, they have a right to be able to develop their property within the established rules; and if the Commission takes that property right away, then the City has to pay damages for that taking. Commissioner Persis commended Mr. Mynchenberg on the project and expressed appreciation for the extra effort extended to the adjacent property owners. He asked that the applicant be a "good business neighbor" and make it manageable for the benefit of all those concerned. Mayor Hood offered to write a letter to Mr. Hosfield regarding the school bus issue. He explained that the City is constrained, by law, as to what can be required of the developers; however, he stated he had contacted Mr. Tommy Durrance, who is one of the owners of this development and a good citizen, and he assured the residents that Mr. Durrance will do everything he can to address their concerns.
Item #8(C) - Relative to Miscellaneous Fees and Standards
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-20, on first reading, as read by title only.
Item #8(D) - Relative to Municipal Elections
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-21, on first reading, as read by title only. Mr. Disselkoen advised that the Supreme Court overturned the decision that gave rise to this ordinance.
Item #8(E) - Relative to Parks and Recreation Impact Fees
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-22, on first reading, as read by title only.
Item #8(F) - Relative to the Ormond Beach Municipal Airport
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance No. 97-23, on first reading, as read by title only.
Item #9(A) - Donation of Land - Judson King Mayor Hood asked if the Commission was in favor of accepting the donation of land, and hearing three votes to reject the proposal and no argument to accept the donation, he stated the offer is rejected. Item #9(B) - Request for Amendment to Volusia County Beach Driving Plan Commissioner Boyle explained this issue relates to the County boundary poles on the beach at the Granada approach which the Commission has been struggling with for fourteen (14) months. He stated in March, 1996, a resolution was adopted requesting one-thousand (1000’) feet north of the approach be open for parking; however, that request was denied because the County had already submitted its Conservation Plan. Commissioner Boyle stated the current location of the poles denies access to the City’s Oceanfront Park and contributes to unsafe traffic conditions on and off the beach at that approach. He stated the County legal department sent a formal request to the U.S. Fish and Wildlife Service for administrative permission to relocate the poles two-hundred (200’) feet north of the present location. He stated such relocation would satisfy the Oceanfront Park access and traffic safety concerns. Commissioner Boyle thanked the City Manager for his communications with the County and the City Attorney for his very detailed letter. He stated as a result of those communications, there has been significant movement in the County’s position in the past thirty (30) to sixty (60) days. He advised that neither he nor the City Manager could find specific language in either the Take Permit or the Conservation Plan that established an exact location for the placement of the poles other than the words "north of Granada" and a very ill-defined map of the entire County beach proposal. Commissioner Boyle stated that the May 1, 1997, letter from Jamie Seaman, Assistant County Attorney, to the U.S. Fish and Wildlife Service, seems to indicate that if the administrative request is granted, the County will proceed with the relocation; however, he stated an earlier letter from Ms. Seaman to Mr. Miller states the belief that "administrative adjustment is doubtful." He questioned, that in the event the request for relocation is denied by the U.S. Fish and Wildlife Service, what, if any, action this Commission might take for remedy. Commissioner Boyle stated the County did not request input from the City on this issue before submitting their plan in relocating the poles. He stated the County’s position is that the decision is "out of their hands;" however, it is his belief that the County was negligent in failing to consider the Granada beach ramp traffic safety and the loss of service to the City’s Oceanfront Park prior to filing the Conservation Plan. Commissioner Boyle asked for a consensus of the Commission that the poles need to be moved two-hundred (200’) feet north and for ideas of possible actions if the current request is denied. Mayor Hood asked if any Commissioner disagrees that the poles should be relocated. Commissioner Persis asked if the relocation of the poles by two-hundred (200) feet would align them with the Neptune Avenue ramp, to which Commissioner Boyle responded the poles would be located at the very northern boundary of Oceanfront Park. Commissioner Persis suggested if the current boundary poles are relocated, that a sign be erected at the Granada ramp stating beach driving ends two-hundred (200’) feet north. Mayor Hood stated there is a consensus to the first issue presented by Commissioner Boyle; however, he stated there is no legal remedy to the second issue. City Attorney Disselkoen advised that Mayor Hood statements are correct, unless the City attempts a taking issue. He stated that the preliminary step to any action is to hold a joint public hearing between the City Commission and the County Council. Commissioner Boyle stated that he does not want to create ill will, and he is willing to wait for a decision before taking action on this issue. He asked that the Commission and staff members consider the possibility of seeking remedy for the loss of service to our park if this request is denied. Mayor Hood stated if the request is denied by the U.S. Wildlife and Fish Service, this item will be placed on the next agenda. That action was agreed upon by the Commission. Item #10 - Reports, Suggestions, Requests Recognition of Dale Buttleman Commissioner Boyle related that the Recreation Advisory Board Chairman Doug Thomas had requested the Board to think of some way to honor the late Mr. Buttleman, and he advised constituents had recently suggested that the City name the junior/major league baseball field as the "Dale Buttleman" field. Commissioner Boyle stated Mr. Buttleman did many good things for this community and had anonymously contributed ten thousand ($10,000) dollars towards the construction of the junior/major field, and he suggested some action be taken in his honor. Mayor Hood stated Mr. Buttleman was a first rate citizen that accomplished a lot for this community, and there being no objection heard from the Commission, Mayor Hood asked that an item be placed on the next agenda to discuss what the City will do on behalf of Mr. Buttleman. Mr. Miller suggested that the Recreation Advisory Board and other organizations be involved in this process; whereby, Mayor Hood instructed Mr. Miller to inform those groups that the Commission would like to honor Mr. Buttleman and requests their input. City Employee Day Care Services Commissioner Schecter stated the City has many outstanding facilities which help the youth of Ormond Beach, one of which is the Ormond Beach Neighborhood Child Development Center. He stated he has spoken with the Human Resources Director and the City Manager in reference to having a central location to provide day care services for children of City employees with the possibly of deducting the payments from their paychecks, similar to the way payments are deducted for YMCA memberships. He stated the Ormond Beach Neighborhood Child Development Center is close to City Hall and has many benefits, and he asked for the Commission’s permission to instruct staff to investigate this opportunity with a report given in the next thirty (30) to sixty (60) days. Mayor Hood stated he did not object to the item being placed on the agenda; however, he expressed concern to spending the City’s and taxpayers’ money to deal with that particular agency when there are private businesses providing the same services. He stated there is a question of equity and fairness when you subsidize one (1) organization over others. Commissioner Schecter clarified his intent is not to increase subsidy to that organization, only to determine if there could be a central place for City employees to take their children for day care service. Vacation Schedule Commissioner Kelley asked that the Commission bring their personal calendars to the next meeting to examine vacation schedules. Mayor Hood asked that the City Manager’s office call to remind the Commission to bring their calendars to the next meeting. Landscaped Medians on SR40 Commissioner Persis reported that there are dead trees in the landscaped medians along SR40 and plantings are being done around them. He asked staff to investigate the situation. Coquina Building/Fire Station No. 1 Commissioner Persis asked that a status report be given at the next meeting on the rehabilitation of the Coquina Building on East Granada Boulevard. Mr. Miller stated he will provide a report as requested. Certificate of Appreciation Mayor Hood, on behalf of the 9th Annual Halifax/Indian River Clean-Up Task Force, presented a certificate of appreciation to Commissioner Schecter for his outstanding work on the project. Item #11 - Close the Meeting The meeting was adjourned at 9:40 PM. |
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