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DECEMBER 17, 1996 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
- Meeting called to order by Mayor Hood.
- Invocation given by Reverend Clarence Drake, Alliance Community
Church.
- Pledge of Allegiance.
- Approval of the Minutes of the December 3, 1996, meeting.
- PRESENTATION: Award of funds from the Allstate Foundation for a
bicycle safety program.
- AUDIENCE REMARKS:
- CONSENT AGENDA:
A) Resolution No. 96-252 relative to various development
approvals; extending various subdivision plat approvals; extending the "Ocean Village
Villas" Development Order and Agreement; extending the approval of a Special
Exception to allow the construction of a Type "E" restaurant at 1200 West
Granada Boulevard (State Road 40).
B) Resolution No. 96-253 accepting a proposal to provide professional janitorial services
for City facilities; authorizing the award of a contract and payment therefor. (Kanon
Service Corporation - $88,415.40)
C) Resolution No. 96-254 approving a $5,700.00 increase in the contract between the City
and Ivey, Harris and Walls for planning services related to the preparation of the
Comprehensive Plan Evaluation and Appraisal Report required by the Local Government
Comprehensive Planning and Land Development Regulation Act; further amending the 1996-97
Budget.
D) Resolution No. 96-255 authorizing the purchase of wastewater pipeline rehabilitation
services under a bid solicited by the City of Port Orange, authorizing the issuance of a
purchase order and payment thereunder. (Madsen/Barr Allwaste, Inc. - Estimated at
$77,386.00)
E) Resolution No. 96-256 authorizing the execution of a Quitclaim Deed to release a
portion of a certain drainage easement. (562 Woodgrove Street)
F) Resolution No. 96-257 authorizing the execution of a contract for the sale and purchase
of Lot 31, Airport Business Park, Phase II. (Ocean Design, Inc. - $120,000.00)
G) Resolutions in support of the Ponce DeLeon Inlet Restabilization Project.
1. Resolution No. 96-258 supporting work by the U.S. Army Corps of
Engineers on the North Jetty, Ponce DeLeon Inlet, Florida.
2. Resolution No. 96-259 in support of the restabilization project at Ponce DeLeon Inlet,
Volusia County, Florida, and requesting federal funding for this project.
3. Resolution No. 96-260 supporting financial assistance from the State of Florida,
Department of Environmental Protection, to restabilize Ponce DeLeon Inlet, Volusia County,
Florida.
H) Rebid lease of Riverfront Park Bait House concession.
DISPOSITION: Accept recommendation as stated in City Manager
memorandum dated December 12, 1996.
- PUBLIC HEARINGS:
A) Resolution No. 96-224 authorizing the execution and issuance of a Conditional Use
Permit to allow the construction of a 300-foot telecommunication tower and related
facilities in the southeastern portion of the site of Calvary Assembly of God at 1687 West
Granada Boulevard (State Road 40); establishing conditions and expirations of approval.
(OPM-USA-Inc.) (Continued from 12/3/96 City Commission meeting)
B) Ordinance No. 96-89 relative to the provision of potable water to the unincorporated
North Peninsula; amending Section 22-43 of the Code of Ordinances by expanding the area
included within the North Peninsula Water District. (Second Reading)
C) Ordinance No. 96-90 amending Subsection B, Zoning Map, of Section 6.00, General, of
Article VI, District Regulations, of the Land Development Code by amending the Official
Zoning Map to rezone certain real properties from R-2A, Single-Family Low Density, to B-6,
Oceanfront Tourist Commercial; repealing all inconsistent ordinances or parts thereof;
setting forth an effective date. (63-69 South Atlantic Avenue) (Continued from 12/3/96
City Commission meeting)
- FIRST READING OF ORDINANCE No. 96-92 relative to traffic impact
reports; amending Section 4.01 of the Land Development Code by amending the submittal
requirements for traffic impact reports.
- RESOLUTION No. 96-261 canvassing the results of the Special
Referendum Election held within the Tymber Creek annexation area on December 16, 1996;
declaring and certifying the results thereof.
- DISCUSSION regarding the Ocean Shore Boulevard sidewalk project from
Granada Boulevard to Neptune Avenue.
- Reports, Suggestions, Requests: Mayor, City Commission, City Manager,
City Attorney.
- 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 Clarence Drake, Alliance Community Church.
Item #3 - Pledge of Allegiance
Mayor Hood led in the Pledge of Allegiance.
Santa Claus visited the City Commission and wished them a happy holiday. He advised that
Santa Land is temporarily housed in Pap’s Restaurant located on A1A, and he expressed
the desire to have a permanent Santa Land at the Nova Road site, where it has been held
previously.
Item #4 - Approval of Minutes
Mayor Hood advised the minutes of the December 3, 1996, 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 Kelley |
yes |
|
Commissioner Persis |
yes |
| carried. |
Mayor Hood |
yes |
Item #5 - Presentation: Award of Funds-Allstate Foundation for a Bicycle Safety Program
Ms. Vicky O’Donnell, AllState Insurance Company, presented a check in the amount of
$1,800 for the City’s Bicycle Safety Awareness Program. Officer Joe Kearsch accepted
the check on behalf of the Police Department and the children of the community, and he
thanked the Allstate Foundation for the donation.
Item #6 - Audience Remarks
There were no audience remarks.
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 asked that Item No. 7(B) be discussed separately.
Commissioner Schecter moved, seconded by Commissioner Boyle, for approval of the Consent
Agenda minus Item No. 7(B).
| Call Vote: |
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
| carried |
Mayor Hood |
yes |
Item #7(B) - Contract for Janitorial Services
RESOLUTION NO. 96-253 |
| A RESOLUTION ACCEPTING A PROPOSAL TO PROVIDE
PROFESSIONAL JANITORIAL SERVICES FOR CITY FACILITIES; AUTHORIZING THE AWARD OF A CONTRACT
AND PAYMENT THEREFOR; RESERVING RIGHTS WITH RESPECT TO ALL OTHER PROPOSALS; SETTING FORTH
AN EFFECTIVE DATE. |
Commissioner Kelley moved, seconded by Commissioner Boyle, for approval of Resolution No.
96-253, as read by title only.
Commissioner Schecter stated that during a meeting in October the Commission waived the
bonding requirements for the janitorial contract by a three-to-two (3-2) vote. He stated
staff recommends the contract be awarded to Kanon Service Corporation, Orlando, in the
amount of $88,000. Commissioner Schecter questioned the proposal submitted by staff for an
in-house janitorial operation with specific regard to the City Hall costs. Mr. Todd
Herget, Chief Building Official, explained he based the City’s bid on past budget
figures including employee costs. Commissioner Schecter stated that ignoring the employee
costs which he has been told is the reason why the City’s proposal is so high, the
City’s proposal was at least double the amount contained in the next highest
bidder’s proposal for cleaning supplies and paper products. Mr. Herget reiterated the
bid prices were based on past budget expenditures for these products and stated staff had
no specific calculation method other than to use previous budget expenditures.
Commissioner Schecter asked if staff could reduce the proposal by at least $30,000 in
those two (2) areas, to which Mr. Herget requested time to review the figures before
making that decision. Commissioner Schecter expressed concern that the Commission is
disregarding the City’s proposal when costs in the areas he mentioned may potentially
be reduced considerably. Commissioner Schecter stated if the City cannot substantially
reduce their bid, he requested reconsideration of staff’s recommendation to award the
contract to Kanon. Commissioner Schecter stated that although SRI’s bid was
approximately ten (10%) percent higher than Kanon’s, he recommended the bid be
awarded to SRI, Inc., the local company currently performing the janitorial services in a
manner described by staff as "impressive," rather than to an out-of-town
company.
Commissioner Schecter moved, seconded by Commissioner Boyle, to continue this item to
allow staff time to review the bids again and to give the City an opportunity to lower its
costs.
Commissioner Boyle concurred with Commissioner Schecter’s observations; however, he
stated he was not convinced the City would be able to reduce their bid as much as
suggested by Commissioner Schecter but hoped the City bid would be given every chance to
be accepted.
| Call Vote: |
Commissioner Kelley |
no |
|
Commissioner Persis |
no |
|
Commissioner Boyle |
yes |
|
Commissioner Schecter |
yes |
| failed. |
Mayor Hood |
no |
Commissioner Schecter summarized that staff has stated that SRI has been doing an
impressive job since July, 1996, and it is a local company. He stated the Commission is
always struggling to make the bidding process competitive, and he believed this is a prime
case whereby the City can show it has been competitive to the general public and reward
companies that perform well. He stated he has no objection to Kanon; however, he did not
feel comfortable awarding the bid to an Orlando based firm. He stated representatives from
SRI, Inc., are present and wish to speak to this item.
Commissioner Schecter moved, seconded by Commissioner Boyle, to accept the proposal
submitted by SRI, Inc.
Commissioner Boyle stated the Commission should always be mindful that when contract
dollars stay within our community there is a secondary economic benefit to everyone.
Mayor Hood stated the bid submitted by SRI, Inc., is $10,865 higher than the one
recommended by staff; whereby, Commissioner Schecter stated SRI’s proposal is only
ten (10%) percent higher, and when he spoke with SRI representatives, they indicated there
may be areas where figures could be reduced.
Ms. Sandy Ingle, SRI, Inc., thanked the City for its patronage the past six (6) months and
said they have enjoyed working with staff. She stated that with very little notice, SRI
took over the City’s janitorial services, and they have tried hard to "meet the
grade." She stated a lot of time and effort was given in preparing their proposal.
She advised many meetings were held with staff and a number of their proposed cost savings
were accepted and some incorporated into the bid specifications. Ms. Ingle explained that
costs related to the baseball and soccer buildings and athletic field rest rooms may be
reduced because of SRI’s unfamiliarity with the buildings and the uncertain number of
frequency of service necessary for those facilities at the time the bid was submitted. She
stated the amounts budgeted for cleaning supplies and paper goods were at the lowest
possible figures.
Mayor Hood stated staff recommends awarding the bid to Kanon Service Corporation because
their bid was approximately $11,000 lower than the proposal submitted by SRI. He asked Ms.
Ingle if SRI was willing to match Kanon’s price, to which she stated she believed
costs could be reduced but was unsure they could match Kanon’s bid. She asked for
time to consult with another SRI representative.
Commissioner Schecter reiterated that while $11,000 sounds like a considerable amount,
that amount is only a ten (10%) percent difference.
Ms. Ingle stated that if the contract is awarded for the sole reason of being at a lower
bid price, the end result may be that services may suffer, propelling the City back into a
situation where people are not doing a satisfactory job. She stated a few more dollars
might make the difference in a job well done, which will require less administrative time
and cost.
Commissioner Kelley expressed concern that Kanon altered their bid after it was opened,
which he understood was legal; however, he questioned whether the price originally
submitted was actual or incidental, and for that reason he supported awarding the contract
to a local company who has been performing good service.
Commissioner Boyle stated SRI has proven they can perform the job satisfactorily, and for
that reason he supported the motion.
Mr. Eugene Miller, City Manager, stated staff is satisfied with the work performed by SRI,
and the recommendation is strictly driven by the financial basis. He stated if SRI is not
prepared to give a definite bid price and the Commission is inclined to award the contract
to SRI, he suggested negotiations take place to determine a specific award amount.
Ms. Ingle proposed a five (5%) percent decrease in the bid price, which Mayor Hood stated
would result in an approximate $5,000 price reduction.
Commissioner Schecter moved to amend his motion to award the bid to SRI, Inc., and direct
staff to negotiate a final price within a range of four (4%) to six (6%) percent decrease
from the original bid.
Mr. Disselkoen stated the resolution would include a not to exceed figure clause similar
to that in an engineering services contract resolution.
Commissioner Persis expressed concern with awarding a bid without a contract price.
Mayor Hood stated he would support awarding the contract to SRI if the bid price was
$5,000 higher than Kanon’s bid price because he believed that if the contract
remained in Ormond Beach, ultimately the City would get that value back. Ms. Ingle
accepted Mayor Hood’s offer.
Mayor Hood restated Commissioner Schecter’s amended motion to award the contract to
SRI, Inc., at $5,000 above the Kanon bid to which Commissioner Schecter concurred. The
motion was then seconded by Commissioner Kelley. Mr. Disselkoen advised the exact contract
figure is $93,415.40.
| Call Vote: |
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
| carried. |
Mayor Hood |
yes |
Item #8(A) -OPM-USA-INC., Telecommunications Tower
Ms. Mary Hansen, attorney representing OPM-USA-INC, stated that most of the evidence that
supports this Conditional Use Permit application is already on the record. She stated a
written appraisal report has been provided by Mr. Dick Allen, Pomeroy Appraisers, who is
present, as is Mr. Mortalite, Vice-President of OPM-USA-INC. Ms. Hansen stated a question
arose with regard to Calvary Assembly of God being an emergency shelter, to which she
responded it is not, nor does the pastor intend to apply for emergency shelter status. Mr.
Disselkoen advised that Calvary Assembly of God is a temporary shelter which would be used
as a back-up in the event all of the other shelters were full. Ms. Hansen stated an issue
had been raised by Commissioner Schecter with regard to aesthetics of the tower, and she
stated her client is willing to accept a condition that would place the tower site in the
existing woods, maintaining the minimum one-hundred (100’) foot setback. She stated
if that issue is the difference between an approval or denial vote, she requested the
condition be included in the resolution. Ms. Hansen stated Commissioner Persis had a
number of questions about the effect, if any, on property values, to which she stated Mr.
Allen’s report concluded there is no effect on property value provided there is
sufficient buffering and the tower is not located immediately on a residential zoned
property.
Commissioner Boyle stated the failure potential of these towers had been discussed at a
previous meeting, and he referred to item 6 in Ms. Hansen’s letter of December 16,
1996, that stated, "two weeks after Hurricane Andrew no communications except
wireless communication were available to coordinate emergency relief services." He
stated an article appeared in the December 6, 1996, Florida League of Cities newsletter
written by Ruth Morgan, a Homestead City Council member, that stated, "Hurricane
Andrew destroyed both land line telephone facilities and cellular towers, so Homestead
quickly had to rely on radio communication." He asked if the towers went down in
Hurricane Andrew or not, to which Ms. Hansen emphasized that only one (1) tower failed
during Hurricane Andrew because it was hit by a house, not due to wind failure.
Ms. Hansen stated this is a quasi-judicial proceeding which places the obligation on the
applicant to present competent, substantial evidence supporting the application, and she
believed that has been provided. She stated the evidence shows the request is consistent
with the B-7 zoning district; there is no burden to public services that would be caused
by the erection of this tower; there would be no effect on property value; pollution is
not caused by a tower; the access is adequate; the surrounding use is compatible because
of the buffering offered of at least one-hundred (100’) feet; and the applicant would
accept a condition to move the tower further back to ensure that it remain within the
thirty (30%) to fifty (50%) percent fall radius. Ms. Hansen stated evidence was presented
that the guyed wire tower design is less obtrusive from an aesthetic standpoint, and the
guyed wire is not visible from a distance of one-hundred (100’) feet away. She stated
one (1) letter of objection was received from Mr. and Mrs. Carbonell, who voiced concern
to the aesthetics of the tower, which Ms. Hansen stated is addressed by placing the tower
more to the north into the wooded area of the site. She responded to the Carbonell’s
objection to Calvary Assembly of God making money from the tower, and stated that, in
fact, the City is making money both in terms of sales tax revenues and because the tower
use itself is taxable. Ms. Hansen stated this request has strong staff support for the
tower in this location as well as support of the congregates and pastor of Calvary
Assembly of God Church, and it has received no objection from the nearby property owners.
She requested the Commission consider the evidence and find this is an approvable site
plan.
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing
on Item #7(A). The motion passed unanimously.
RESOLUTION NO. 96-224 |
A RESOLUTION AUTHORIZING THE EXECUTION AND ISSUANCE OF
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 300-FOOT TELECOMMUNICATIONS TOWER
AND RELATED FACILITIES IN THE SOUTHEASTERN PORTION OF THE SITE OF CALVARY ASSEMBLY OF GOD
LOCATED AT 1687 WEST GRANADA BOULEVARD (STATE ROAD 40); ESTABLISHING CONDITIONS AND
EXPIRATIONS OF APPROVAL; SETTING FORTH AN EFFECTIVE DATE.
|
Commissioner Persis moved, seconded by Commissioner Kelley, to approve Resolution No.
96-224, as read by title only.
Commissioner Boyle expressed concern with the failure of guyed wire towers and noted there
have been two (2) major failures of guyed television towers in Central Florida in the last
fifteen (15) years. He said the history of these towers is that they have a high failure
rate, which is one reason local governments try to mandate remote locations away from
people, buildings and congested areas; and the proposed tower location is not remote. He
stated that even by accepting the projected thirty (30%) to fifty (50%) percent of height
fall radius, it appears the Church facilities are still directly at risk. He pointed out
there is a potential for tornadoes and severe weather in this area. Commissioner Boyle
stated the second area of safety concerns the Ormond Beach Municipal Airport which is two
(2) miles from this location. He stated the FAA has given preliminary approval and found
the tower not to be a hazard to navigation; however, the FAA only has the authority to
recommend and defer to local governments to decide how their land should be used. He
stated the tower represents an air space obstacle, and he cited general FAA regulation
91.119 referring to minimum safe altitudes which reads "Except when necessary for
take off or landing, no person may operate an aircraft below the following
altitudes..." and "over any congested area of a city or town an altitude of
one-thousand (1000’) feet above the highest obstacle within a horizontal radius of
two-thousand (2000’) feet of the aircraft." He stated if the Commission accepts
this as the overriding FAA regulation, the minimum safe altitude is thirteen hundred
(1300’) feet; and since the ceiling for the radar area is twelve hundred (1200’)
feet, this would put planes in the Daytona Beach Airport radar area, requiring a flight
plan to be filed. Commissioner Boyle stated that staff reads this regulation as
one-thousand (1000’) feet above the ground, which would not be a conflict as far as
the radar. He stated the accident that occurred on a tower west of DeLand where a military
plane knocked a tower down is proof that the towers are aviation obstacles. He stated that
an article appeared in the November 14, 1996, issue of USA Today stating local governments
all over the country are passing moratoriums on telecommunications tower construction, and
an article in the November 4, 1996, issue of TIME stated the City of Jacksonville
reconsidered their approval of a telecommunications tower and had it dismantled.
Commissioner Boyle urged denial of this application at this particular location, based on
the two (2) aforementioned safety concerns.
Commissioner Schecter stated he was familiar with the TIME article mentioned by
Commissioner Boyle; however, he recalled that the tower was in a residential area and not
in an area zoned as in this request. He stated that during the previous public hearing he
had stated he would vote for approval if the lattice design was used instead of the guyed
wire tower design, and if the tower were moved as far as possible from the school on the
northern portion of the site. He stated that, having looked through the report provided,
he is now convinced the lattice design is more of an eyesore than the guyed wire tower
design, and he is willing to withdraw that concern. He reaffirmed he would support
approval of this request if the tower is moved to the north section of the property.
Commissioner Kelley stated telecommunication towers are necessary for communication, and
he supported the applicant’s offer to relocate the tower away from the Church
facilities. He stated this application was submitted prior to the moratorium, and the
request deserves the Commission’s full consideration. He voiced concern that the
tower may create a monopoly for one (1) service provider; however, he realized that is not
a reason upon which to base a decision. Mr. Disselkoen advised stated that issue of a
monopoly is addressed in the Conditional Use Permit.
Commissioner Persis noted, in regard to safety concerns at the church, the church is the
one allowing the tower to be built. Regarding the airport concern, he deferred to the FAA,
who has stated the proposed tower will not be a hindrance to aviation. He stated that
whenever forward progress is taken there is always a calculated risk involved, and he
believed the applicant has made every effort to satisfy the concerns as expressed.
Mayor Hood asked if the motion to adopt Resolution No. 96-224 included the condition that
the tower be moved away from the school and the church to the furthest corner as agreed to
by the applicant, to which the Commissioners who moved and seconded the motion concurred.
Mr. Disselkoen asked for clarification as to the furthermost corner of the B-7 or the R-6
section of the property. Mr. Ervin stated the applicant has agreed to move the tower to a
location that is one-hundred fifty (150’) feet away from property lines. He stated
that the guyed wires extend two-hundred ten (210’) feet from the central part of the
tower, and he suggested the tower be located two-hundred ten (210’) feet south of the
zoning line separating the R-6 and B-7 zoning and in an area away from the school and
church facilities. Mayor Hood stated it was his understanding that the intent of the
motion was to move the tower far north in the R-6 zoned area of the Calvary Assembly of
God property. Mr. Disselkoen concluded the tower is to be located at least two-hundred ten
(210’) feet south of the north property line.
| Call Vote on the amendment: |
Commissioner Boyle |
no |
|
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
| carried. |
Mayor Hood |
no |
| Call Vote on the motion: |
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
no |
|
Mayor Hood |
no |
Item #7(B) - Provision of Potable Water to the Unincorporated North Peninsula
Commissioner Schecter moved, seconded by Commissioner Boyle, to close the public hearing
on Item #7(B). The motion passed unanimously.
ORDINANCE NO. 96-89 |
| AN ORDINANCE RELATIVE TO THE PROVISION OF POTABLE
WATER TO THE UNINCORPORATED NORTH PENINSULA; AMENDING SECTION 22-43 OF THE CODE OF
ORDINANCES BY EXPANDING THE AREA INCLUDED WITHIN THE NORTH PENINSULA WATER DISTRICT;
REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE. |
Commissioner Kelley moved, seconded by Commissioner Schecter, to approve Ordinance No.
96-89, on second reading, as read by title only.
Commissioner Boyle concurred that selling water to areas in the County outside City
boundaries is a good revenue source; however, he objected to extending water district
boundaries north of Tarpon Avenue and in particular, to selling water to developments with
septic tanks on the barrier island. He stated that development and growth north of the
City in this particular location will impact the City specifically in the areas of service
rendered by the City’s road system, which is minimal running north/south on the
peninsula.
| Call Vote: |
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
no |
|
Commissioner Schecter |
yes |
| carried. |
Mayor Hood |
yes |
Item #8(C) - Rezoning - 63 and 69 South Atlantic Avenue
Commissioner Persis moved, seconded by Commissioner Schecter, to close the public hearing
on Item #8(C). The motion carried unanimously.
ORDINANCE NO. 96-90 |
| AN ORDINANCE AMENDING SUBSECTION B, ZONING MAP, OF
SECTION 6.00, GENERAL OF ARTICLE VI, DISTRICT REGULATIONS, OF THE LAND DEVELOPMENT CODE,
BY AMENDING THE OFFICIAL ZONING MAP TO REZONE CERTAIN REAL PROPERTIES FROM R-2A,
SINGLE-FAMILY LOW DENSITY, TO B-6, OCEANFRONT TOURIST COMMERCIAL; REPEALING ALL
INCONSISTENT ORDINANCES OR PARTS THEREOF; SETTING FORTH AN EFFECTIVE DATE. |
Commissioner Kelley moved for approval, however, a second to the motion was not made. The
motion failed for lack of a second.
Item #9 - Relative to Traffic Impact Reports
ORDINANCE NO. 96-92 |
| AN ORDINANCE RELATIVE TO TRAFFIC IMPACT REPORTS;
AMENDING SECTION 4.01 OF THE LAND DEVELOPMENT CODE BY AMENDING THE SUBMITTAL REQUIREMENTS
FOR TRAFFIC IMPACT REPORTS; REPEALING ALL INCONSISTENT ORDINANCES OR PARTS THEREOF;
SETTING FORTH AN EFFECTIVE DATE. |
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Ordinance
No. 96-92, on first reading, as read by title only.
| Call Vote: |
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
| carried. |
Mayor Hood |
yes |
Item #10 - Special Referendum Election Results - Tymber Creek Annexation Area
RESOLUTION NO. 96-261 |
| A RESOLUTION CANVASSING THE RESULTS OF THE SPECIAL
REFERENDUM ELECTION HELD WITHIN THE TYMBER CREEK ANNEXATION AREA ON DECEMBER 16, 1996;
DECLARING AND CERTIFYING THE RESULTS THEREOF; SETTING FORTH AN EFFECTIVE DATE. |
Commissioner Schecter moved, seconded by Commissioner Kelley, for approval of Resolution
No. 96-261, as read by title only.
| Call Vote: |
Commissioner Boyle |
yes |
|
Commissioner Schecter |
yes |
|
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
| carried. |
Mayor Hood |
yes |
Item #11 - A1A Sidewalk - Neptune Avenue to Granada Boulevard
Mr. Dolph Veatch, 43 Alanwood Drive, submitted a petition with 236 signatures in support
of the sidewalk construction, and he pointed out this is the only portion of A1A that does
not provide a sidewalk. He stated the City contributed $30,000 to the Main Street
Organization, and one (1) of their missions is to promote people, not vehicles, in the
downtown area. He stated the sidewalk would benefit the citizens. Mr. Veatch understood
staff’s recommendation to defer this project, but he asked that it be reconsidered
with the hope that it will be approved for construction as soon as possible.
Mr. Arnold Eibeck, 159 Royal Dunes Boulevard, stated he walks the subject strip along A1A
four (4) to five (5) times per week and stressed the importance that a sidewalk be
constructed. He advised he wrote a letter to the City Manager to that effect in 1994. Mr.
Eibeck noted the considerations of Oceanside Country Club’s interest to personal
safety and enhanced liability, but he did not agree that the sidewalk would impact the
probability of accidents to occur. Mr. Eibeck recommended the City build the sidewalk
without compromising the golf course’s interest, and asked that the City and
Oceanside work together for the common good of the public.
Mr. Gordon Currie, 1 Cypress View Trail, explained that approximately twenty (20) years
ago FDOT intended to four (4) lane A1A from Granada Boulevard north to Sandra Drive;
however, the project was not completed because of objections from the residents. He
supported the request for a sidewalk, pointing out that if the request by FDOT had been
approved, it would have destroyed the character of A1A and the golf course design.
Ms. Alice Jaeger, 447 Triton Road, whose property abuts the golf course, supported the
sidewalk construction and believed it would be an asset to the City and would promote the
downtown area. She stated there is no guarantee of safety on any sidewalk, and she asked
that the City and Oceanside Country Club work together for the betterment of the
community.
Commissioner Boyle thanked the citizens who spoke on this issue as well as those who have
contacted him either in person, by written correspondence or telephone communication. He
stated the need for the sidewalk seems obvious as the area in question is a missing link
in the completion of the City’s A1A sidewalk; and on first glance it makes sense and
funds have been appropriated for this project. He stated, however, that consultants had
completed a preliminary right-of-way study and their findings revealed the City did not
have enough land to build the sidewalk, since for approximately nineteen hundred
(1900’) feet of the subject portion, the roadway is only thirty (30’) feet wide,
which provides for two (2) traffic lanes and only four (4’) feet on either side of
road. Commissioner Boyle stated the consultant recommended an additional fifteen
(15’) feet of right-of-way is needed for the sidewalk construction, and he believed
the cost of acquiring that right-of-way will be prohibitive. He stated as far as the golf
course is concerned, that fifteen (15’) feet in most locations, will place the
sidewalk in the area of play. Commissioner Boyle stated he took photographs of the area
that depict the crowding and narrowness of the roadway, the berm of approximately fifteen
(15’) feet or less wide, and the hazards of traffic pulling onto A1A and vehicle tire
tracks off the road. He summarized that A1A is a congested, unsafe two-lane road, where
traffic has increased fifty (50%) percent in the last ten (10) years, and even if the City
were to acquire the additional fifteen (15’) feet of right-of-way, he believed any
one using the sidewalk would be at serious risk due to the hazardous traffic flow. He
stated that adding a safety curb would provide some measure of safety and protection to
the users of the sidewalk; however, the estimate for that provision is an additional
$100,000 to $200,000, not including acquisition costs, to provide that curb for the
nineteen hundred (1900’) feet. Commissioner Boyle pointed out that the beach is a
traffic free zone from the Granada Approach north to Neptune Avenue, and he suggested that
could be an alternate way to travel. He stated he is willing to listen to creative ideas
that may assist in working out this situation. He stated the Commission is meeting next
summer to prioritize sidewalk construction within the City, and he recommended this
discussion be deferred until then, which may allow time for additional information to be
provided.
Commissioner Schecter questioned the width of the sidewalk and its distance from A1A in
the area north of Neptune Avenue, and Ms. Judy Grim, City Engineer, stated the sidewalk is
five (5’) feet wide and eighteen (18’) feet from the edge of the road. He asked
what is being proposed from Neptune Avenue south to Granada Boulevard, and Ms. Grim
answered the sidewalk would be five (5’) feet wide and eight (8’) feet from the
edge of the roadway. Commissioner Schecter asked if the plan submitted by Upham, Inc., is
acceptable from an engineering perspective, assuming the sidewalk is approved for
construction. Ms. Grim responded that the plan has the least impact and is the least
costly alternative, but other options could be reviewed. Commissioner Schecter recommended
the sidewalk be built as quickly as possible and rather than defer the project until the
sidewalk master plan workshop in July. He stated he voted to approve Resolution No. 95-53
which expressed support for this sidewalk and asked that the project go ahead. He advised
his vision of the City has a sidewalk in this location, and people will use this area
whether there is a sidewalk there or not. He asked for better cooperation between the City
and the golf course, and he suggested asking Oceanside Country Club to donate the
necessary right-of-way.
Mayor Hood supported the recommendation made by Commissioner Boyle. He advised he is a
member of Oceanside Country Club and has attended meetings where this item has been
discussed. He explained the Club does not care if the City builds the sidewalk, except for
the fact that Oceanside will have an enormous amount of liability the minute it is
constructed. He stated by building the sidewalk the City will be placing the Club in a
position where they now have liability if someone is injured by a golf ball on the
sidewalk, which the City has invited citizens to use. He stated the Club will never donate
the land; and the sidewalk construction will require them to spend approximately $200,000
to rearrange the fairways and buffer zones, which they will attempt to recoup from the
City. Mayor Hood stated he is not opposed to the sidewalk; however, there must be accurate
figures provided as to what it will cost both short term and long term for this project.
He supported the recommendation to defer this item so the decision could be made in the
context of the sidewalk workshop.
Commissioner Schecter questioned if there is an increase in liability for pedestrians that
the Country Club does not currently have without a sidewalk. Mayor Hood responded that
liability would absolutely increase since by constructing the sidewalk, the City is, in
effect, inviting the public to transverse that sidewalk, and the City is basically stating
they may walk on this sidewalk and reasonably expect to be safe. He stated by building the
sidewalk the City enhances the liability to both the Club and to the City. Mr. Fred
Disselkoen, City Attorney, advised the City may have more liability because if the City is
aware of the danger it must make some measures to avoid that danger. Mayor Hood stated to
preclude the liability, the City will have to consider providing a fence, glass cover, or
net along A1A to keep that liability from occurring. Commissioner Schecter clarified his
question is if a pedestrian is walking along A1A, is there a current liability to
Oceanside Country Club if a golf ball hits that pedestrian. Mr. Disselkoen advised there
is no sidewalk or invitation to use that road for pedestrian traffic; however, there is a
potential liability. Mayor Hood added that the liability issue is enhanced once you invite
pedestrians to utilize that piece of property. Commissioner Schecter pointed out that a
degree of liability already exists. He advised his comment relative to the donation of
land by Oceanside Country Club is simply a way of inviting the Club to sit down in a
positive manner and attempt to decide that this sidewalk should be built because both
sides benefit by having the sidewalk.
Commissioner Kelley supported the statements made by Commissioner Boyle and Mayor Hood,
and he favored considering this item when prioritizing all of the sidewalk projects. He
stated deferring this item until the workshop would allow staff time to ensure the cost
projections are accurate. He expressed concern that a sidewalk in this area may encourage
beach goers to park between the sidewalk and roadway to access the beach from A1A, since
that area of the beach is now a traffic free zone.
Mayor Hood clarified that when this project is revisited, he wants to know all of the
costs, including the amount of money involved in eminent domain proceedings and liability.
Commissioner Persis stated his perception was that the Commission already approved this
item when it allocated funds in the budget for the project. Mr. Disselkoen advised funds
had been appropriated for the sidewalk; however, that is always subject to change.
Commissioner Persis did not agree that this project should be reconsidered, and felt it
was unfortunate the sidewalk was not built a long time ago. He stated the longer the City
waits, the more the project will cost, and he encouraged the Commission to address this
issue and approve the sidewalk construction at this time. He expressed strong support for
sidewalks and bike paths and emphasized the safety of the citizens is more important than
the inconvenience to Oceanside Country Club. He stated the photographs provided by
Commissioner Boyle showed that this is a hazardous area not only for vehicles, but more so
to pedestrians and bicyclist.
Commissioner Boyle concurred that money was appropriated for this project; however, since
then, additional costs have been added relative to the right-of-way acquisition, which he
believed necessitates the item to be reconsidered.
Commissioner Boyle moved, seconded by Commissioner Kelley, to defer this item per the
recommendation as stated in City Manager’s memorandum dated December 12, 1996.
| Call Vote: |
Commissioner Schecter |
no |
|
Commissioner Kelley |
yes |
|
Commissioner Persis |
no |
|
Commissioner Boyle |
yes |
| carried. |
Mayor Hood |
yes |
Item #12 - Reports, Suggestions, Requests
Appreciations
Commissioner Boyle stated the current Commission has completed one (1) year of service and
he has come to appreciate the talent and dedication of staff and the leadership of Mr.
Miller. He commented that it has been a privilege to serve with, and learn his fellow
commissioners.
Commissioner Kelley stated it has been a fun year and a learning process. He thanked staff
for their work and said they have gone above and beyond the call of duty.
Mr. Miller expressed appreciation for the relationship between staff and the City
Commission, which he believes has worked quite well as a team. He stated staff is looking
forward to great things in 1997.
Mayor Hood complimented staff as well as the Commission. He stated that when the
Commission was newly elected, discussion was held with respect to the differing
philosophies of government that each member held; and a commitment was made to learn to
disagree without being disagreeable and to treat everyone with a sense of civility. He
stated the Commission should take pride in having accomplished that.
Holiday Wishes
All members of the City Commission as well as Mr. Miller and Mr. Disselkoen expressed
holiday wishes.
City Hall Decorations
Commissioner Schecter voiced appreciation for staff’s work decorating the City Hall
both inside and out. Commissioner Persis concurred that the decorations are "first
class," and he appreciated staff’s efforts.
Commission Birthdays
Commissioner Schecter announced that Commissioners Boyle and Persis are celebrating
birthdays in December and offered them good wishes.
Columbia Medical Center Issues
Commissioner Schecter asked if an incinerator is still working at Columbia Medical Center
and if helicopters are allowed to land at the hospital. Staff will inquire and report back
to Commissioner Schecter.
Parking on Tomoka Avenue
Commissioner Schecter asked if Public Works could see that cars belonging to City workers
and Bon Terre do not park on Tomoka Avenue by City Hall.
Former Flea Market Site on Nova Road
Commissioner Persis acknowledged Volusia County Councilman Stan Rosevear in the audience.
He advised Councilman Rosevear that the former flea market and drive-in located outside
Ormond City limits at the corner of Hand Avenue and Nova Road has become an eyesore, and
he receives complaints relative to the parking of semi-trucks and poor maintenance from
Ormond Beach residents who think the site is in the City. Mr. Rosevear stated he would
look into this.
Mutual Aid Agreement
Mr. Disselkoen advised the Volusia County Sheriff’s Department has taken the lead in
preparing a new Mutual Aid Agreement for local police departments, and the existing
agreement expires in early January. He stated a motion is in order to authorize the Mayor
or City Manager to execute the document, and as soon as it is finalized, it will be
presented to the Commission for ratification.
Commissioner Schecter moved, seconded by Commissioner Boyle, to authorized the execution
of the Mutual Aid Agreement.
| Call Vote: |
Commissioner Kelley |
yes |
|
Commissioner Persis |
yes |
|
Commissioner Boyle |
yes |
|
Commissioner Schecter |
yes |
| carried. |
Mayor Hood |
yes |
|
