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OCTOBER 20, 1998 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma Irvin, Frank Gillooly, Carl G. Persis, City Manager Eugene Miller, City Attorney Randy Hayes, and Veronica Patterson, City Clerk. A G E N D A
Item #1 - Call to Order Mayor Hood called the meeting to order at 7:00 PM. Item #2 - Invocation The invocation was given by Father Rob Merola, St. James Episcopal 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 October 7, 1998, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Boyle moved, seconded by Commissioner Gillooly, to approve the minutes as submitted.
Item #5 - Employee-of-the-Quarter Mr. Eugene Miller, City Manager, presented the Employee-of-the-Quarter award to Mary Welch, Office Manager, in the Fire Department. Mr. Miller noted Ms. Welch has been employed with the City since 1988. He stated between the retirement of the past Fire Chief and the hiring of the new Fire Chief, he was Acting Fire Chief, and Ms. Welch did an excellent job. Mr. Miller explained that at that time, the Fire Department was moving into the refurbished Station 91, which took a great deal of work and coordination, which was handled professionally by Ms. Welch. Mayor Hood presented the Employee-of-the-Quarter plaque to Ms. Welch, along with a watch and a second plaque which will be on display in City Hall. He expressed his appreciation for Mary’s being a first class employee. Item #6 - Audience Remarks There were no Audience Remarks. Item #7 - Consent Agenda Mayor Hood advised that the action proposed to be taken for each item on the Consent Agenda is so stated on the agenda. He asked if any member of the Commission had questions or wished to discuss any one or more of the items separately. Commissioner Boyle and Commissioner Gillooly asked that Item #7(J) be discussion separately. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda, minus Item #7(J).
Item #7(J) - Revision 10 Florida Constitutional Amendment RESOLUTION. 98 - 190
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Resolution No. 98-190, as read by title only. Commissioner Gillooly stated that on the surface Proposition #10 is an excellent proposition which will benefit the State tremendously, but he indicated his concern regarding putting conservation land away for tax relief. He explained this has the potential to turn into a "tax dodge" such as zoning land agricultural for a short while to obtain tax relief, but shortly thereafter developing that land. Commissioner Gillooly indicated the State legislature stated this is very open-ended and vague, which causes him to be skeptical. He stated if the proposition passes, each municipality will then determine whether to opt into the program; and if they do, ground rules will have to be adopted for the conservation portion. Commissioner Gillooly urged Ormond Beach to investigate this thoroughly at that time to be certain the Ordinance has no loopholes. Commissioner Boyle reported he is not as concerned with Revision #10, but is concerned that Ormond Beach does not also urge the citizens to vote "yes" for Revision #5, which provides bonding authority for continuing Florida’s P2000 Conservation program and to consolidate Florida Wildlife Management into a single State agency. He asked the Commission to also vote to encourage a "yes" vote on Revision #5. Commissioner Boyle moved to amend the motion to also urge voters to vote "yes" to Revision #5. Mayor Hood asked if Revision #5 can be voted on since it was not included in the agenda package. Mr. Randal Hayes, City Attorney, replied if written information is not in the packet and there is any additional written information that needs to be considered, the amendment cannot be voted upon; but if there is no additional written information, the amendment can be voted on. Mayor Hood expressed his concern regarding voting on the amendment because some of the Commissioners may not have read Revision #5. Commissioner Boyle stated the citizens are quite capable of reading the revisions to the constitution and reaching a conclusion; therefore, if protocol precludes including Revision #5, he would not encourage any revision. Commissioner Persis, as the delegate to the Florida League of Cities, explained Revision 10 was discussed at length and received a large number of endorsements. Commissioner Boyle stated it may be proper for the Florida League of Cities to have endorsements, but the City of Ormond Beach’s endorsement, as an elected body, may not be proper.
Item #8(A) - Granada/Bovard Streetscape Overlay District Mr. John Connors, President, Ormond Beach Chamber of Commerce, stated the Chamber of Commerce and the business community continue to believe that if the City decides to change the sign ordinances, the businesses should be allowed to be grandfathered if they have built signs under the rules of the community. He noted if sign ordinances are changed that prohibit a business from properly signing their business, he would request a variance procedures be put in place. Ms. Jackie Taylor, 38 to 44 West Granada Boulevard, stated there are many business that do not have space to place monument signs. Mayor Hood asked Mr. Denny what relief a business located on Granada Boulevard from Beach Street to US #1 would have where a monument sign would not be allowed and a pole sign would not be appropriate; whereby, Mr. Denny replied a 14 foot pole sign, awning signs, or given certain physical constraints, a projecting sign, may be permitted. Mr. Gary Connors, General Manager for SR Perrott, 305 West Granada Boulevard, noted in 1978 SR Perrott erected a very expensive sign. He stated since that time there have been three (3) to four (4) sign revisions, and he was told their sign was designated either "informational" or "time and temperature." He stated this designation was left out of the current ordinance, even though he was assured it would be left in, making his sign non-conforming. Mr. Connors requested grandfathering in all the signs that are currently conforming. Mr. Denny stated the Code Enforcement Officer has informed him that Mr. Connors’ sign is grandfathered for "time and temperature," but it is too high and would need to be lowered. Mr. Dick Cooper, President, Mitchell-Noel, Inc., 194 East Granada Boulevard, indicated his sign has been located at the same place for 42 years. He stated there is absolutely no place to place a sign; therefore, if the sign is not grandfathered in, his company cannot have a sign. Mayor Hood asked Mr. Denny if this information is accurate; whereby, Mr. Denny replied he is not familiar with the specifics of Mr. Cooper’s site plan. Mr. Brad Disch, General Manager, Billy’s Tap Room and Grill, 58 East Granada Boulevard, stated the Chamber of Commerce promised that the businesses would have another workshop to help them understand the rules, but that workshop was never scheduled. He recommended a workshop be held to inform the businesses of the Code revisions. Mr. Monk Noell, owner of Billy’s Tap Room and Grill, 58 East Granada Boulevard, noted he and Mr. Cooper have the same circumstance where there is no place for a monument sign, and he requested the sign be grandfathered in. Mr. Mike Knaebel, owner of The Inkwell and Vice-President of Ormond Main Street, concurred with Mr. Disch’s comments. He stated there are so many exceptions, there must be a way to help the businesses, such as Billy’s Tap Room, to continue to do business in a proper way in Ormond Main Street. Mr. Denny advised there are 21 current signs in the Streetscape which are too high and a number of others which are too large, but staff has identified very specific problems that can be addressed through Code changes instead of blanket grandfathering. He stated if a workshop were held, staff would work with the businesses to identify those specific Code changes. Mayor Hood asked if it would be legal to continue this item until after a workshop were held; whereby, Mr. Hayes agreed it would be legal. Mr. Denny asked the Commission to separate the issues and pointed out the Ordinance addresses a number of provisions, including Streetscape design standards which should be considered. He recommended setting signage aside except for the color issue. Ms. Taylor explained a problem with the projecting signs is visibility of the signs through the trees in the Streetscape. Mr. John Connors stated the motion indicates the entire City would have to be compliant by 2001, and he asked the Commission to consider the other businesses throughout the City as well. He noted a survey of these signs throughout the City has yet to be done. Mr. Gary Connors opposed considering one portion of the sign Ordinance tonight and the remaining after a workshop. He recommended it all be discussed at a meeting or that the signs be grandfather in. Mayor Hood clarified if the Ordinance is passed, it would not include any of the issues pertaining to signs. Mr. Denny clarified that the only sign issues addressed would be that the colors will match the buildings with the new color palette, but the ordinance will not address height, variances, or grandfathering. He recommended passing the Ordinance as it is presently stated and directing staff to investigate the other issues discussed. Mayor Hood asked if there would be any reason not to pull all sign related issues until after a workshop; whereby, Mr. Denny replied Eckerd is waiting to see if a new color palette will be passed. Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(A). The motion carried unanimously. ORDINANCE NO. 98 - 35
Commissioner Persis moved to approve Ordinance No. 98-35, on second reading, as read by title only. Commissioner Persis stated the amendments in the packet do not address any of the reasons why the 30 signs are out of compliance. He stated a "yes" vote does not address any of the 30 signs out of compliance. The motion died for lack of a second. Commissioner Boyle explained a subsequent workshop was promised, which did not occur. He noted the big question is "how did 36 businesses that are the bedrock of this community become out of compliance because of their signs." Commissioner Boyle stated the simplest solution is to grandfather the existing businesses. Commissioner Boyle moved, seconded by Commissioner Irvin, to approve Ordinance 98-35, and to grandfather the existing business and add a variance procedure through the Development Review Board. Commissioner Boyle expressed concern regarding a double standard, that when national companies with specific needs ask for variances, they are approved, while the small businesses are not. He stated this would spell economic disaster for Ormond Beach. Commissioner Boyle also reported concern for the provision that at some point, if there is not compliance, the City will take the signs out and bill the property owner. He noted when he mentioned some of his concerns to the Planning Director, it was suggested it is possible to create a historic category for Billy’s and Julian’s, but Commissioner Boyle suggested the time for this idea was long before this Ordinance came to the City Commission. Commissioner Gillooly related that on first reading he opposed grandfathering in the signs and variances, but since the last meeting he spoke to the merchants and realized he made a mistake. He indicated there in no places for some merchants to place a sign that would be conforming. Commissioner Gillooly moved to continue this hearing until December 15, 1998, subsequent to a workshop on signs. The motion was seconded by Commissioner Persis. Mr. Denny agreed a workshop may be needed, but he again urged the City Commission to approve the colors and other design guidelines before December 15th. Mayor Hood indicated Commissioner Gillooly’s motion would preclude Mr. Denny’s recommendation, but Commissioner Boyle’s motion would include Mr. Denny’s recommendation. He asked if Commissioner Gillooly chose to change his amendment to approve Ordinance No. 98-35, with the exception of the sign regulations, and asked if this would that satisfy Mr. Denny’s concerns; whereby, Mr. Denny noted he would like the sign colors to be addressed. Commissioner Persis asked for clarification on the concerns of the Eckerd Drug Store. Mr. Denny replied Eckerd was approved under the old Streetscape standards which has seven (7) color families, but the new standards have commercial palates and allow more flexibility where they may find a color closer to their corporate standard. He continued if Commissioner Gillooly’s motion is passed, Eckerd will not see the new colors, and they would have to go through the entire process. Mayor Hood asked if Commissioner Gillooly’s motion included passing Ordinance No. 98-35, except for the sign issues. Commissioner Gillooly agreed it did, and he would also accept the colors, if necessary, and Commissioner Persis, as second, agreed. Commissioner Boyle indicated he is confident that Ormond Beach will eventually grandfather the bedrock businesses in the heart of the community. He contended the time is now to put this issue to rest for the existing businesses that helped build the City and move forward with the new businesses, and the color problem would be solved. He pointed out that every sign currently in non-compliance was approved by the City at one time; they were maintained properly; and then one day the City changed the standards. Commissioner Irvin strongly recommended grandfathering and variance procedures and any other incentive to help the struggling businesses who have chosen to stay in Ormond Beach’s downtown rather than moving westward. Commissioner Persis agreed with Commissioner Gillooly that if businesses were promised a workshop, they should be afforded that opportunity. He stated the owners of businesses outside the Streetscape district also need to be invited to the workshop. Commissioner Persis noted that if Ormond Beach is ever going to raise the standard, it has to be done after proper notice is given, and he believes after this workshop where issues are fully debated, it should come back to the City Commission and be voted on. Commissioner Gillooly recommended if a business has a pole sign, but there is room for a monument sign, then a monument sign should be required when they change signs. He stated this would help achieve the goals but accommodate the business community as well. Commissioner Gillooly indicated he is no longer opposed to grandfathering, but he believes the workshop may be able to fine tune the Ordinance. Mayor Hood agreed the workshop is warranted, but opposed grandfathering because Ormond Beach has a high quality of life, and one of the best ways to upgrade the look of the community is through signs. He stated that with the way this Ordinance was drafted, there are valid questions. Mayor Hood asked for a call vote on Commissioner Gillooly’s motion to adopt Ordinance No. 98-35, except for the items pertaining to signs, with the understanding that a workshop will be held and the findings brought back to the City Commission on December 15, 1998. Mr. Denny added Commissioner Gillooly’s motion also included the stipulation that colors would be included in the approval; whereby, Commissioner Gillooly agreed that it did. Commissioner Irvin asked if the motion included the amortization of the date; whereby, Mayor Hood stated it did not because that will be dealt with along with the issue of the signs on December 15, 1998, after the workshop.
Mayor Hood reported Commissioner Boyle’s underlying motion does not need to be voted upon since the motion to continue carried, and Mr. Hayes agreed. Item #8(B) - Public Hearing Requirement for 10,000 Square Foot Floor Area Projects Mr. Ed Kelley, 8 Tidewater Drive, explained this Commission is being asked to approve a public hearing where the public participation means absolutely nothing, because regardless of what is said, there is nothing that can be done to change the development, other than to add another layer of bureaucracy. He stated this action is before the Commission only because a few special interests have an agenda to change any Land Development Code resolutions or accomplishments of the previous four (4) years on the Commission. He noted that as an employee on the Site Plan Review Committee, he would understand their concern that the City Commission’s goal is to micromanage the City. Mr. Kelley urged the Commission not to approve this amendment. Mr. John Connors stated this issue deals with the right to develop one’s property within the legal limits as established by the City of Ormond Beach. He pointed out the 10,000 square foot threshold is only a threshold, but it increases the cost of doing business, increases legal costs, delays the ability to create new jobs, and delays opening an existing business. He urged the Commission to oppose this Ordinance on the basis that these are approved uses of the property, and the public hearing process should be reserved to allow discussion on important issues. Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(B). The motion carried unanimously. ORDINANCE NO. 98 - 40
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-40, on second reading, as read by title only. Commissioner Boyle submitted that this is a reinstatement of a development rule that had served the City well, not a new rule. He stated this would restore public hearings to the application process for commercial developments over 10,000 square feet, and long term positive effects exist for those on all sides of this issue. Commissioner Boyle noted the public hearings take less than 30 minutes on the most part; and in one instance, as a result of a public hearing, a citizen brought to the attention of the City Commission that a piece of property approved for development broke important rules. He indicted that the City acts on the promise of the developer, and 99% of the time the promise is fulfilled. Commissioner Boyle noted he believes it important for the public to hear the promises made; and they too, can be "watchdogs" for the City. He made a promise to the development community that there would not be three (3) month delays as a result of this public hearing process, and that the projects will be moved foreword in such a way that it would only take three (3) to four (4) weeks, incorporated in the development schedule. Mayor Hood stated if the landowner complies with all the rules, regulations and laws, they are entitled, as a matter of law, to a permit. He reported that with the passage of this ordinance, the City is saying even if a landowner complies with all the rules, an additional 30 days is required to go through a public hearing process where the Commission gives some hope to the public that they have the ability to force the developer to change something, which cannot be done. He stated Commissioner Boyle’s example of the developer who broke a promise has nothing to do with this issue; there are other laws governing that issue. Commissioner Persis stated he erroneously made the motion to approve this Ordinance and rescinded his motion. Commissioner Boyle moved, seconded by Commissioner Irvin, for approval of Ordinance No. 98-40, on second reading, as read by title only. Commissioner Persis agreed with Mayor Hood and stated this is an issue of public notice. He agreed people have a right to know what is to be built around them, but the most efficient way to accomplish this is for the City, when it becomes aware that a property owner wants to develop a piece of land, to send out a mailing to property owners within 300 feet. He indicated that when that letter is received, if a resident has objections, he will come to the next City Commission meeting to address the Commission during audience remarks. He stated this would give all an opportunity to learn the concerns as opposed to a legal advertisement in the newspaper where the public’s expectation would be that they have a chance to influence the decision. He stated it is almost dishonest to have a public hearing which suggests input is invited, yet the public’s input cannot change the vote, setting up a false pretense which is not good government.
Item #8(C) - Lot Size Reduction for Non-Residentially Zoned Child Care Facilities Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(C). The motion carried unanimously. ORDINANCE NO. 98 - 41
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-41, on second reading, as read by title only.
Item #8(D) - Nuisance Odors Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(D). The motion carried unanimously. ORDINANCE NO. 98 - 42
Commissioner Boyle moved, seconded by Commissioner Gillooly, to approve Ordinance No. 98-42, on second reading, as read by title only.
Item #8(E) - Changing Name from "Cromwell Court" to "Archangel Circle" Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(E). The motion carried unanimously. ORDINANCE NO. 98 - 43
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-43, on second reading, as read by title only.
Item #8(F) - Southwest I-95 Complex Replat Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(F). The motion carried unanimously. ORDINANCE NO. 98 - 44
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-44, on second reading, as read by title only.
Item #8(G) - Palmetto Road Vacation Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #8(G). The motion carried unanimously. ORDINANCE NO. 98 - 45
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 98-45, on first reading, as read by title only.
Item #8(H) - Jameson Inn Mr. Scott Lindstrom, 314 Parkview Place, Atlanta, Georgia, representing Jameson Development Company for Jameson Inns, indicated he or the engineers of record are present to answer any questions. Commissioner Boyle moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(H). The motion carried unanimously. RESOLUTION. 98 - 163
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-163, as read by title only.
Item #8(I) - Ormond Beach Conservative Jewish Association Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #8(I). The motion carried unanimously. RESOLUTION. 98 - 191
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 98-191, as read by title only.
Item #8(J) - CAPO, Inc. - Airport Business Park Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #8(J). The motion carried unanimously. RESOLUTION. 98 - 192
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 98-192, as read by title only. Commissioner Persis asked for what cause the Development Review Board found for the applicant under the provisions of Section 8.05 of the Land Development Code. Mr. Denny advised the Land Development Code sets criteria to waive a wall if there is sufficient buffer, areas of natural vegetation, or water bodies; and in this case, there is an 85 foot buffer, including the canal and dense vegetation.
Item #9 - Establishing a New Code Enforcement System ORDINANCE NO. 98 - 46
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 98-46, on first reading, as read by title only. Commissioner Persis asked Mr. Hayes how he determined the classification of the violations and fines. Mr. Hayes explained legal staff met with the department heads to make the determinations. Commissioner Persis stated the project was well done. Commissioner Boyle also complimented Mr. Hayes on an excellent job.
Item #10(A) - Closing of Riverside Drive Mr. Tony James, 143 Myra Boulevard, asked that a letter from Dr. Philip Shipiro be placed on the record expressing concern regarding the closing of Riverside Drive. Mayor Hood asked the letter be placed on the record. Mr. James stated the reasons presented by the Casements Park Steering Committee to the Quality of Life Board to close a portion of Riverside Drive were due to traffic cutting through a residential street, speeding cars with not enough police to ticket violators, and concerns regarding safety of children. He recommended other remedies than closing Riverside Drive such as continued police patrol, use of auxiliary police, use of a camera paid by residents or grant money, and residents to purchase an empty lot and turn it into a gated mini-park restricted to residents of Riverside Drive. Mr. James stated children and adults should follow traffic regulations. Mr. James urged the Commission to keep Riverside Drive open. Mr. Worley Pruett, 129 Seminole Avenue, explained he does not want to see Riverside Drive closed because this road will need to be open is there if ever a disaster, plus there would be increased traffic on Seminole Avenue if Riverside Drive were closed. Ms. Mary Ellen Speidel, Vice-Chairman, Quality of Life Board, 860 Arroyo Parkway, noted the Quality of Life Board studied this issue for many months, and citizen input was encouraged. She stated residents of Riverside Drive, members of the Casements Park Steering Committee, Board members, Historical Trust members, Garden Club members, a Guild member, a tennis representative, City staff and a police officer were all heard. Ms. Speidel stated this is a very emotional matter with many diverse objectives, but the Quality of Life Board was tasked to report to the City Commission an equitable, practical and beneficial answer. She stated the Quality of Life Board toured, listened and read voluminous reports and learned a lot about the Casements and the history of Ormond Beach. Ms. Speidel noted that all members are pro-Casements and the consensus was to continue using the Casements as a multi-use facility, without a tea room, keeping the tennis courts, and investing in the Casements with much needed renovation. She stated for financial reasons alone, the Quality of Life Board voted not to build the addition at this time, but to fix what now exists. Ms. Speidel reported the motion to close Riverside Drive failed 4:3 and adopted staff’s recommendation to keep the street open because of the present easy access to the Casements, because of improvements for landscaping for the MacDonald House parking lot, because the boulevard concept is feasible in that pedestrian access can be enhanced and still save the right-of-way, and because they do not want to set a street-closing precedent. She stated they all agree Riverside Drive has a traffic problem that must be addressed, and some suggestions were speed bumps, cameras, additional stop signs, sidewalks, bikepaths, and one person even suggested cutting down all the trees and two-laning the entire street. Ms. Speidel explained the Quality of Life Board is comprised of a group of dedicated citizens who are informed, insightful and represent a wonderful diversity of backgrounds with the goal of preserving, maintaining, or improving the quality of life in Ormond Beach. Mr. Tim Kostidakis, 81 Atwood Lane, indicated he is speaking on behalf of his parents who live at 71 Riverside Drive. He stated he grew up on Riverside Drive and was run off the road many times, and Ormond Beach has grown a great deal since that time exacerbating the problem. Mr. Kostidakis noted that people coming off the Granada Bridge are not turning down Riverside Drive to observe the scenic route. He stated there is a misconception that Riverside Drive may be closed, but that is not true because a driver can come down Casements Drive, make a left and continue down Riverside Drive. Mr. Kostidakis explained he does not understand why the City would send people backwards down a one-lane, one-way street to get back to Granada Boulevard in an emergency situation. He pointed out Riverside Drive is presently closed numerous times each year due to special events. Mr. Donald Bostrom, 274 Cumberland Avenue, stated he was born on Riverside Drive, the heart of Ormond Beach and to close it would be driving a knife through that heart. Ms. Nancy Cortez, 25 Rio Pinar Trail, questioned the spirit of those opposed to closing Riverside Drive and whether they have been educated regarding the opportunity of a park that will benefit them and an asset to the Casements renovation project and the entire downtown Ormond Beach community. She questioned the validity of the petition and urged the City Commission to look past the petty, mean-spirited rhetoric being spread throughout the community and be a positive voice for the future of Ormond Beach. Ms. Cortez stated this street will be available to anyone, as will the park facility. She stated currently the park is used as a community activity center eight (8) weekends per year, serves as a retention pond for stormwater drainage, and a cut through street the remainder of the year. Ms. Cortez contended this park is not utilizing its full potential, but the City Commission has the opportunity to make it an everyday event for this community, which will draw people to the downtown with a Winter Park type atmosphere. Ms. Kit Doughey, 87 Riverside Drive, pointed out no one wants to close Riverside Drive, just reroute a portion of it for a beautiful park benefiting not only the residents but visitors alike. She stated five (5) times the community has asked for this rerouting in the past fifteen years, and this should indicate there may be a need. She urged the Commission to consider closing a portion of Riverside Drive and rerouting the traffic for a park. Mr. Gregory Camp, 81 Seton Trail, reported there are presently traffic problems with the church school which would be exacerbated with the closing of Riverside Drive. He stated since there are only two other north/south streets, and more traffic would be added to those streets if Riverside Drive were closed. He urged the Commission to leave Riverside Drive open. Ms. Barbara Crane, 505 Riverside Drive, noted she drives Riverside Drive often when not in a hurry, but when she is in a hurry uses Halifax Drive. She stated driving down Riverside Drive is a peaceful, almost spiritual experience, and she takes visitors on Riverside Drive to enjoy the beauty. Ms. Crane reported she, and most other people, drive 15 to 20 mile per hour, and there is not a speeding or traffic problem on Riverside Drive. She urged the Commission to keep it open. Mr. Donald Fornace, 116 Riverside Drive, explained he observes pediatric deaths in critical care units and emergency rooms and pointed out it takes one second for a child to get away from a parent and be seriously injured or killed. He stated the parties involved have lost perception of what is going on, that in that one second, a tragedy can happen on Riverside Drive with the speeding traffic. Mr. Fornace stated he considers it a tragedy that people cannot be inconvenienced for a short span of time to save just one child. He urged the Commission to make it safe for the children. Mr. Paul McCauley, 110 Rio Pinar Trail, Quality of Life Board member, agreed with Ms. Speidel that the vote was 4:3, but in the following meeting of the Board one of the people absent for the vote indicated he would have voted to close the road. He stated the Quality of Life Board could not come to grips with the issue and explained this is not about closing a road but building a park. Mr. McCauley stated he is wholeheartedly in favor of closing the unsightly thoroughfare in front of the Casements to automobile traffic since this road cuts the park in half and is an eyesore, safety hazard, and a detraction to visitors who are trying to enjoy the park. Mr. McCauley contended you cannot build a park and keep the road open. Dr. Mark Gillespy, 172 Riverside Drive, stated he supervises his three (3) children within 10 feet or less when on the road. He stated if he cannot go down a nine (9) foot wide road without having to worry about a car traveling in excess of 30 miles per hour, there is something not right. He stated if the expansion is done properly, the safety of the children at the church school could be increased by allowing a bigger area for the children to play without having to worry about the traffic on Riverside Drive. Dr. Gillespy reported when Riverside Drive has been closed in the past, the traffic was handled well and that Riverside Drive is not only unsafe for children, but adults as well. He urged the City Commission to decide what is best for the community overall, for the Casements, businesses, schools, church and the people that live on Riverside Drive. He stated if there are other neighborhoods with such a severely unsafe environment, then this City Commission should hear about it and do something about it. Mr. Gordon Kipp, 182 Grove Street, offered a history of the Casements. He reported Dr. and Mrs. Harwood Huntington built the Casements as a winter home in 1910, John D. Rockefeller bought it and used the home as his winter residence from 1918 to 1937 at the time of his death, Ms. Maude VanHoy purchased it in 1940 and used it as a junior college for young women from 1941 to 1951, C.A. Maddy bought the Casements and the Ormond Hotel to use as a retirement center, the residents of the hotel and the Casements took over the property in 1953, Charles Lavin purchased it in 1957 for his corporation, the Ormond Hotel Casements Inc. purchased it to accommodate 60 retirement guests, and finally the City of Ormond Beach purchased the Casements in 1974 and the gardens across the street in 1975. Mr. Kipp noted none of these owners sought to close Riverside Drive and it was accepted as a through street. He urged the Commission to vote against the proposal to close that portion of Riverside Drive in front of the Casements. Father August Sorvillo, St. James Episcopal Church, expressed concern regarding speeders on Riverside Drive and safety for the children at the school. However, he stated if a portion of Riverside Drive is closed, those cars would go to Halifax Drive and turn south where there is presently a backup of cars. Father Sorvillo noted that when Seabreeze High School closes in the afternoon and the students come north on Halifax Drive, it is blocked all the way to Bosarvey Drive and beyond. He urged the road be kept open as an alternative to reach St. James for pick up and delivery of students and to circumvent the busy intersection at Granada Boulevard and Halifax Drive. Ms. Rae Mastropierro, 595 Riverside Drive, offered 651 petitions in hand and reported there were more in her mailbox. She read the petition into the record. She stated the majority of residents of Riverside Drive want the road open as it has been for hundreds of years. Ms. Mastropierro noted Riverside Drive is not only a historic scenic drive but a canopy road which runs 3,600 feet. She stated to close any part of Riverside Drive will destroy its integrity and value as a historical site and landmark. Ms. Mastropierro urged the Commission to prevent Riverside Drive from becoming a virtual drive for a chosen few, and to prevent traffic from being dumped on South Halifax in front of homes, churches and schools. She noted the Quality of Life Board and City staff have recommended Riverside Drive be kept open, which has been accomplished by previous Commissions. Ms. Mastropierro pointed out Fire Chief Barry Baker stated in case of an emergency or evacuation, if Riverside Drive is closed, it could impede fire services, and more than one access for the Casements was recommended. She urged the City Commission to keep this scenic drive open as it now exists. Dr. John Zack, 87 Riverside Drive, stated Ms. Mastropierro lives on a portion of Riverside Drive that is four-laned and cannot be compared to a nine (9) foot wide road. He refuted the statement that Riverside Drive is being closed for a chosen few; the park is for the entire community. Dr. Zack contended the street is unsafe and his son has been knocked of his bicycle twice by cars on Riverside Drive. Mr. Robert Holland, 135 Riverside Drive, professed Riverside Drive is very dangerous, but it does provide another north/south access. He stated this is a cut through, and the only time cars proceed slowly is when the Police are present, but when they are not present, cars proceed at least 35 miles-per-hour in this 15 mile-an-hour zone. Mr. Holland stated the majority of cars do not stop at the stop sign. He noted that there is a large live oak protruding into the street such that if anyone walks north you have to step around the tree into traffic, and it is merely God’s protection that no one has been hit in this area. Mr. Holland recommended each Commissioner take their family and walk Riverside Drive, something that cannot be done safely there but can almost anywhere else in the community. He stated this issue is not about Riverside Drive, but a park. He expressed that this is not about the past, but about an opportunity for the future. Mr. Gary Giovanni, 234 Riverside Drive, reported that he drives a 2½ ton vehicle, and had he not been traveling 15 miles per hour on Riverside Drive he would have killed a mother and baby recently because of where they were on the street and due to the fact there is no maneuvering room. He asked what price must be paid in the loss of life to do something about safety on this road. Mr. Giovanni stated it is more convenient for him not to close the street, but much more dangerous as a City to keep it the way it now exists, and the park is needed. Dr. Malcolm Gottlich, 300 Riverside Drive, noted that all traffic studies show that when traveling to any home on Riverside Drive past Willis Drive the speediest route is to go from Granada Boulevard to Halifax Drive, and if there were an emergency, the Fire and Police Departments would use the quickest route. He stated there are 46 children under the age of seven (7) who live on this nine (9) foot wide, 20 foot-long, one-laned, tree-lined road which is being misused as a cut through highway. Dr. Gottlich contended not only the number of vehicles, but their speed creates a public safety hazard. He presented pictures of an accident that happened on Riverside Drive where the driver lost control of his car, noting the car was totaled, which is impossible for a car going 15 miles per hour. Dr. Gottlich stated he walks this road at 5:00 a.m. when no one is looking at the scenic road, but traveling at 40 miles per hour. Mayor Hood called for recess at 9:00 p.m. and reconvened the meeting at 9:05 p.m. Mr. Ken Hawthorne, 70 Riverside Drive, stated he and his wife love Ormond Beach and are concerned about the beachside, especially since finding out that an Eckerd will be built where a park could have been located. He contended staff wants to keep a road that truncates the most beautiful property in the City when it serves no useful purpose except to allow speeders to cut through the park, endangering the safety of pedestrians and bicyclists. Mr. Hawthorn stated his wife submitted a packet with 700 petitions which represent 700 community members who have been educated to the true issues, that Riverside Drive will remain accessible from side streets and a park will be created for their enjoyment without traffic. He asked if the Commission will create a park from the last green space in the most historic part of the City which will beautify the City and will support Ormond Beach Main Street and the Casement renovation projects already embraced by the City Commission, or will they cut it short by giving in to those not willing to sacrifice one (1) minute to use the alternate route. He stated there are 18 traffic signs on this scenic one (1) block area. Ms. Alice Henry, 193 Bosarvey Drive, commended the Casements Park Steering Committee for their hard work; however, they are looking only at the Casements and not the City as a whole. She stated Riverside Drive has been there for over 50 years, and she would like to it to remain open. Ms. Henry indicated the Police Department can handle the safety situation with speed bumps, stop signs, and patrolling. Ms. Tara O’Dwyer, 955 Ginger Circle, stated rerouting the traffic around the park would promote a sense of community. She stated the downtown is difficult to utilize because of the traffic along Granada Boulevard, and the rerouting would make it more accessible to pedestrians. Mr. Benny Ruda, 395 South Atlantic Avenue, opposed closing the street or the beach. He contended rerouting traffic is the first step to closing the entire street, but he is concerned for the safety of the children and suggested hiring a police officer to patrol Riverside Drive. Ms. Melissa Bauman, 20 Nicholas Drive, expressed concern regarding the loss of the Ormond Hotel and pointed out that the Casements is the last historical point of interest. She noted the parking lot is never full to visit the Casements, and if expansion and blocking off a portion of Riverside Drive will save the Casements, she favors it. Ms. Bauman stated the yard in front of the Casements is basically a retention pond. She stated her daughter attends St. James School and attested that the principal and teachers do a great job moving the traffic in and out of the school. Ms. Bauman indicated the City owes it to the citizens to provide a safe park and to save this historic structure and not turn it into a pile of rubble. Ms. Alice Jaeger, 447 Triton Road, stated she favors closing that small section of road in front of the Casements so the park can be finished as planned. She stated the discussion tonight should call attention to the fact the people care very much about scenic drives, trees, beautiful areas, but not concrete. Ms. Jaeger noted Ormond Beach is rapidly loosing beautiful areas. She pointed out that no one is asking to close the road, just a small portion to make a beautiful area for Ormond Beach. Ms. Jaeger reported the trend in many cities to attract visitors and residents alike is through scenic pedestrian areas, and she urged the Commission to vote to close the small portion of Riverside Drive to create something beautiful for Ormond Beach. Mr. Don Bostrom cautioned against setting a precedent that may just be the beginning of a number of street closings. He stated closing a portion of Riverside Drive will not solve the traffic problem, merely moving it over one block. Mr. Bostrom recommended realistic approaches to traffic control such as a sign at the beginning of Riverside Drive stating, "This is not a through street," traffic bumps or ripples, or other methods rather than closing the street. Ms. Christin Shamlou, 1329 Oak Forest Drive, noted that although she is not a resident of Riverside Drive she is an Ormond Beach resident and would love to have another family oriented park. She stated the entire City can benefit from additional green space, and there is no connection in setting a precedent between closing a small portion of Riverside Drive and to closing other streets. Ms. Shamlou applauded Commissioner Persis’ comment that for a good City, sacrifices must be made. She agreed with Ms. Crane that she, too, enjoys driving down Riverside Drive, but this can still be done. Mr. Ryan Zack, 87 Riverside Drive, stated he has been knocked off his bicycle twice on Riverside Drive. He asked the Commission to close a small portion of Riverside Drive to provide safety and a park for the enjoyment of children in the future. Ms. Jamie Hawthorne, 70 Riverside Drive, President, Casements Park Steering Committee, explained her motivation in this project. She stated she is from Charleston, South Carolina, a city where it’s lifeblood is to preserve history, and she personally witnessed the results of preserving one building where it revitalized an entire neighborhood. Ms. Hawthorne stated Ormond Beach does not have many historical remnants left, but it is just as rich with history as Charleston. She noted this is the City’s biggest opportunity to create something aesthetically pleasing that will invite and welcome the community and direct the growth of Ormond Beach in a very positive way. Ms. Hawthorne noted a concern is traffic, and a traffic analysis was prepared by Ghyabi Lassiter and Associates which indicated, "the expansion of the Casements/Rockefeller Gardens facility will not adversely impact the roadway levels of service in the vicinity of the site, with or without the closure of the first block of Riverside Drive;" thus the idea that cars are being dumped onto Halifax Drive just does not happen. She presented a video shot when the road was closed for the Fall Festival which is a testimony to the fact there were no cars lined up on or cars being dumped onto Halifax Drive and noted every car passed through the light within one cycle of the traffic light. Ms. Hawthorne noted the report does say, "signal phasing at the corner of Granada Boulevard and Halifax Drive will need to be modified to serve the additional eastbound right turn traffic diverted from Riverside Drive." She stated the driver using Riverside Drive will encounter one (1) additional minute using the Granada Boulevard/Halifax Drive route, thus, it will not be a private road or closed to the public. Ms. Hawthorne explained staff’s reservations for the project being that after the rerouting has occurred, the community will expect the Casements renovation to happen which will interfere with the plans for developing the land in the western portion of the City. She quoted staff in a Quality of Life Board memorandum dated July 23, 1998, "The City Commission should be aware of the certain underlying issues involving faculty programming and space utilization by the Leisure Services Department. Programming for all seminar classes is a dynamic activity but demand at the Casements does not track with the City’s population growth. Customer demand is influenced by changing public interest and structure availability and saturation within the community. Also construction of other facilities will draw programs from the Casements. Selective programming has already been relocated from the Casements with the opening of the Senior Center and the Performing Arts Center and the long term fifteen plus years the City will be constructing additional facilities along the western edge of the City. Depending on the design, this future construction could also draw activities from the Casements." She stated this sounds like a plan to create an underused scenario for the Casements, which could lead to it becoming too costly to maintain or use, and then maybe sold for another condo to be built. Ms. Hawthorne stated the Casements holds the history that gives Ormond Beach color, and if willing to develop this "jewel of the City" as a true park, without compromise, that effect will spread and be as far reaching as all the development to come out west; but if Ormond Beach compromises, compromise will be the theme of Ormond Beach. Mr. Bill Chapin, 165 Neptune Avenue, an architect retained to study the expansion, stated the Casements is part of a campus which includes Fortunato Park, Rockefeller Gardens, the museum addition, St. James School, and the MacDonald House. He noted the Casements is separated from its greatest natural resource, the Halifax River, and turns its back on Granada Boulevard which is its most important view. Strictly from an architectural standpoint, Mr. Chapin determined the best option was to reorganize the property to place a grand lawn going out to Granada Boulevard and to the Halifax River if the road were no longer open. He noted this scenario would enhance Main Street which has been the goal of the City Commission. Mr. Chapin explained at this point many goals for this parcel are being gathered, attempting to weave as many as possible into the final solution. He indicated the emotion of the situation would most likely dissolve in time in light of the enthusiasm for what is happening to the City because of this expansion. Mr. Chapin stated he drove the route, and he does not believe anything will really be lost if a portion of the road were closed regarding traffic line, amenities of the street, etc. He urged the City Commission to allow the Casements to become the jewel this community deserves. Mr. John Bidwell, 65 Seton Trail, stated to reroute 15,000 cars each day from Riverside Drive to Halifax Drive in front of two (2) churches and two (2) schools would further impact the children at these schools. He noted the one (1) minute lost for the 15,000 cars for one year would compute to $250,000 loss per year in time and gasoline. Mr. Bidwell noted with this portion of Riverside Drive open, 250,000 people will see the front of the Casements, but if it is closed, it will not be seen unless the people actually go to it and use it. Mr. Marvin Miller, 40 Riverside Drive, admonished the City to immediately investigate the problem of traffic enforcement on Riverside Drive. He also noted concern regarding traffic by St. James which also needs to be addressed no matter what decision this Commission makes regarding Riverside Drive. Mr. Miller advocated keeping Riverside Drive open, but to find solutions to the safety problems noted. Ms. Lisa Mirante, 202 Riverside Drive, asked the Commission to consider a public restroom as part of the park renovations. Commissioner Boyle thanked all the citizens from both sides of the issue who spoke on this emotional issue. He noted the closing of this historic street goes back years, and he finds it important to point out that previous City Commissions have voted against the closing, as well as City staff, the Quality of Life Board, people on the Ormond Beach Historical Trust and an overwhelming majority of the community at large. Commissioner Boyle stated those people who are asking for the road closure have proposed a number of traffic reroutes, some which have not been presented to staff, have not been studied, and have not been approved. He expressed concern regarding the St. James corner of the block. Commissioner Boyle stated there are a number of assumptions that have been made to justify closure such as the construction of a new Casements wing requiring closure of the street. He stated that is not the case. He noted another assumption is that park access and quality will be enhanced, but there is a park now at the Casements; and there are not too many parks that don’t have some sort of thoroughfare either bordering or bisecting the park. Commissioner Boyle pointed out that just a few hundred feet south, there is a park with all the amenities. Commissioner Boyle apologized that Fortunato Park is a retention pond and explained it was meant to be a dry retention area, very seldom filled with water, but the bids came in high, and a decision was made to eliminate a lot of fill dirt , creating this problem. Commissioner Boyle noted another assumption is that pedestrian traffic to downtown business would increase, but he stated he does not believe that will necessarily occur. Commissioner Boyle explained the final assumption is that closing this road will eliminate the safety issue; but no matter what is done with the street, there will still be a very serious safety risk on Riverside Drive for pedestrians and for bicyclists; and this City cannot guarantee the safety on any street. He noted a lot of progress has been made by making Riverside Drive one-way and also with the speed limits, but more can be done such as a stop sign at the corner of Casements Drive and Riverside Drive and the utilization of speed bumps. Commissioner Boyle noted there are two main issues that should impact the Commission’s decision and the first is access to the Casements and its activities. He expressed concern that visitors to Ormond Beach would not be able to find the Casements and indicated that if Riverside Drive were closed, there would not be a need to build a new wing, because many of the public activities at the Casements will be lost. He stressed his support of a new wing for the Casements is conditional upon the road remaining open. Commissioner Boyle explained people enter Riverside Drive to utilize the Casements and exit onto Halifax Drive, and a number of the people dropping their children off at school use the same circular flow. If the road were closed, Commissioner Boyle contended, the traffic will, at minimum, triple on Casements Drive, particularly the two-way traffic which is very problematic when the school is entering or closing a session. He stated this will be putting more children at risk. Commissioner Boyle stated he appreciates the passion about safety, and noted the oceanfront park in his zone where residents can no longer access it because the poles were planted right at Granada and there is no vehicular access. He stated two (2) years ago this month a child was killed trying to get to that park, and the City has tried for a number of months to convince the County and the U.S. Fish and Wildlife to relieve that situation. Commissioner Boyle asked those who feel so passionate about parks to assist in that cause, because so far no progress has been made. Commissioner Boyle reported history is another concern. He stated he was shown a photograph which came from glass plate negatives that were only used in the 1890’s that depicted a view north from a width of two lanes, an unpaved road, looking where the Casements is today was a very dense forest. He noted this photograph proves that this is a street that has a lot of history and has existed over 100 years, predating the Casements. Commissioner Boyle noted Riverside Drive helps to define the community and is a place to take visitors to see and feel history and where residents take pride in the unique beauty of the residential part of the street, even if they don’t live there. He stated if the Commission closes any part of this scenic drive without a compelling reason, then an important part of Ormond Beach will be lost. Commissioner Irvin reported all the Commissioners realize there is a traffic problem on Riverside Drive, and she indicated her willingness to talk with Chief Mathieson to see if there is something that can be done. She stated the closing of Riverside Drive can have both a positive and negative impact on the entire City and both sides need to weighed. Commissioner Irvin stated she promised to listen, and advised she has listened to the staff, the people with the knowledge and skills to investigate such projects, to the appointed board who dedicated hours of their valuable time serving the Commission, and most of all to her constituents through many letters, calls and meetings. She commended those people who are working so hard and encouraged them to keep up the good work. Commissioner Irvin stated the closing of Riverside Drive may create a very desirable aesthetic setting, but it would not be a rational financial decision. She questioned the amount of revenue the Casements project would bring into this area and stated the Casements does not support the need for expansion at this time. Commissioner Irvin noted some of her greatest concerns are to manage the westward sprawl, revitalize the downtown, and bring something to enhance value to this area. She stated she strongly supports remodeling the existing facility, improving the present grounds, and protecting its historic significance to this community, but a project of this scope would exceed $2 million and she will not create such bills for the residents to pay. She noted two weeks ago, she voted against a tax increase, therefore, she would be against a project that will cost the taxpayers over $2 million. She stated she truly feels this is a dream and a vision without the money. Commissioner Gillooly commended people for the hours they put into this issue. He explained that if he were to listen only to his heart, he would make it green and have a lawn from the Casements to the river; but after gathering a lot of information he noted some concerns. He stated he does not believe that closing Riverside Drive or keeping it open will impact the addition of the new wing. Commissioner Gillooly explained he is concerned about getting fire trucks into the Casements. He stated he is also concerned about the traffic on Halifax Drive and Casements Drive at St. James. Regarding the safety issue, he stated he does not see how closing the street in front of the Casements would make much difference unless it gives people an opportunity to increase speed. He suggested a compromise, realizing the safety factor as a very legitimate issue, to do everything possible to slow down traffic, with such methods as using Belgian paving block as an inexpensive means to achieve this goal. Commissioner Gillooly also recommended keeping the stop signs in place and providing some kind of apparatus at the end of the street that will photograph speeders. He stressed that if the major problem is safety, there are ways to take care of that without closing the road, and as much as his heart says he would like to see the green, his head is saying he has to keep the street open. Commissioner Persis thanked everyone for coming. He stated he has been pro the Casements and pro the historical corridor. He explained he envisions a plan where the Casements would be sitting up high and there would be a light shining up on it, and there would be this long green lawn coming down looking as picturesque as it could be. Commissioner Persis explained he believes the issue of safety is the number one issue, and he referred to the experts, Ghyabi Lassiter, who advised there would be no adverse impact on traffic if Riverside Drive were closed and the traffic rerouted to Halifax Drive. Commissioner Persis agreed with Commissioner Gillooly’s idea for slowing down traffic with the use of police officers, speed bumps, video cameras, or change in the pavement; and he contended even if the traffic were rerouted, the issue of slowing traffic would still have to be addressed. Commissioner Persis explained this is a bold step, a visionary step, looking down the line 20 years from now, and asking how should Ormond Beach will look in the future. Regarding Commissioner Irvin’s concern regarding funding, he noted most of the funds will come from either grants or the private sector, and none of the Commissioners are suggesting raising taxes to produce this revenue. He added there is only one Casements, and it’s here in Ormond Beach. Commissioner Persis expressed regret for the finger pointing and petitions, and the accusations that the wording was not clear to all who those signed the petitions, but he stated the City needs to look forward now and come together as a community. He assured the architect can determine a way to get traffic from Granada Boulevard into the Casements and into the parking area as well as advise people how to find the parking for the Casements. He urged his fellow Commissioners to be bold, go forward and take a correct step in closing that portion of Riverside Drive and rerouting the traffic. Commissioner Persis reflected that people are in the habit of using Riverside Drive as a cut through, and a cut through means a quicker way to get from one point to another. He reminded the Commission of the fears of the Trails residents. Commissioner Persis noted that if Riverside Drive were closed, probably a year from now, everything would be fine. He stated cars cannot presently go north on Riverside Drive, yet no one complains, and in a very short time everyone would become accustomed to making that little loop as well. For these reasons, he stated he is in favor of this project. Mayor Hood applauded all the people who have taken their time and energy to address this issue, yet he expressed concern regarding the apparent inability to disagree without becoming disagreeable. Mayor Hood noted the issue is not traffic or safety, but concurrent with whatever action is taken, it is clear that within the next couple of weeks a solution to making Riverside Drive safe becomes a priority of this Commission and of this community. He stated this issue is also not about money since the Commission has already decided that if The Casements should be expanded, it is to be through funding that does not involve ad valorem taxes. Thus, he noted the only question is what the vision is for that area and the whole point of developing The Casements, Fortunato Park, Cassen Park and all the other areas. Mayor Hood explained the vision that has been developed in many, many meetings through a lot of people’s input is that Ormond Beach needed an area downtown where people could walk, where people could take their family, where people could feel safe in going to sit on benches, watching the water, the boats, the sunset, and playing in Fortunato Park, and also bring people to that area to patronize the downtown and hopefully strengthen the business community. Mayor Hood indicated for that vision, hard decisions need to be made; therefore, and he favors closing only a segment of Riverside Drive. Mayor Hood noted St. James must be considered. He suggested a compromise solution, to close the street down on a trial basis at five o’clock on Friday afternoon through Monday morning by using the temporary blockades that can be removed in case of emergency to test the true impact on the traffic. He stated this can encourage the community to begin to create events from Friday night to Sunday, people can walk around, play; and the only inconvenience is that if you want to go down south and you want to use Riverside Drive, you will have to use the one minute bypass. Commissioner Persis noted this could not be started until after Halifax Drive has reopened, to which Mayor Hood agreed. Commissioner Persis stated a true study would have to include closing the street every day to acquire complete data. Mayor Hood disagreed in that the real usage would be primarily on the weekend. Commissioner Gillooly questioned what impact the temporary closing would have on Sunday morning services at St. James, and indicated this would not give a fair barometer because traffic during the week would not be studied. Mayor Hood asked Father Sorvillo if his suggestion to close the street on weekends would impair church services on Sunday; whereby, Father Sorvillo replied it is not his intent to be difficult or polemical with this and gave assurance it would work out. He asked for a moment for reflection and/or prayer before the City Commission made their decision; whereby Mayor Hood agreed. Commissioner Boyle noted that all present have one thing in common—a love for this City and a wish to see it be the best that it can be. He indicated the traffic study by Ghyabi Lassiter did an analysis of what would happen at the corner of Halifax Drive and Granada Boulevard, but there was no study done at the school or at Casements Drive and Halifax Drive. He stated he believes this is an all or nothing decision. Commissioner Boyle moved, seconded by Commissioner Irvin, not to close Riverside Drive. Commissioner Persis asked for clarification of the motion. Mayor Hood explained that a "yes" vote would keep Riverside Drive open, a "no" vote would close a portion of Riverside Drive.
Mr. Eugene Miller, City Manager, advised he has had discussions with representatives from Billy’s Tap Room and other retail merchants in the area to connect a sidewalk on the western edge of the Racquet Club parking lot to the Casements parking lot at a cost of $5,000. He stated $2,000 of these funds would be donated by Billy’s Tap Room. Mr. Miller noted this sidewalk would complement the Main Street’s effort in trying to utilize the parking spaces in that area. Mayor Hood, hearing no objections, gave approval for the project. Item #10(B) - Beach Access Commissioner Boyle stated there have been growing citizen complaints regarding access to the beach, and the current status is unacceptable. He noted the promise of off-street parking in Ormond Beach has been broken. Commissioner Boyle stated the County did not solicit any input from Ormond Beach in the February 1996 Traffic Free Zones Committee, which resulted in the problems with the poles at Oceanfront Park. He outlined the problems that have not been addressed as follows: there are not enough access ramps open to the public during the peak season; there is not enough off-beach parking from Granada Boulevard to the City limits; there is no access to the Oceanfront Park; and the poles need to be moved 200 feet. Commissioner Boyle stated the City was told these complaints would be batched and forwarded to U.S. Fish and Wildlife with other complaints from other cities where adjustments can be made, but that did not occur. He indicated that since Daytona Beach is closing another mile of beach from Seabreeze to International Speedway Boulevard, those beachgoers will come to Ormond Beach, resulting in more traffic and pressure on access and parking. Commissioner Boyle recommended, as was also recommended by the Planning Board, to communicate directly to the new Beach Commission, to the County Council, to the U.S. Fish and Wildlife, and also to Ormond Beach’s congressional representatives to ask for assistance. Commissioner Boyle moved, seconded by Commissioner Gillooly, to ask staff to help in drafting a position on beach issues and make that position known to the new Beach Commission, County Council, U.S. Fish and Wildlife, and Ormond Beach’s congressional representatives.
Item #10(C) - Waiver of Fall Festival Police Department and Facilities Fees Commissioner Boyle moved, seconded by Commissioner Persis, to waive the fees for the Police Department and facility fees for the Fall Festival. Mayor Hood explained staff does not recommend a waiver but that the fees be considered a loan to be repaid. Mr. Lipps clarified that staff recommended an option is to count this as a loan, and the question was asked that for next year, a firm policy would be communicated. Commissioner Boyle stated his motion would specify this waiver is only for this year, and the City would be firm on future policy. Commissioner Boyle stated the loan question is a new issue, and all of the funds the Trust raises goes to capital improvements for Ormond Beach. He noted confusion as to whether the police provided the services to the Trust. Commissioner Gillooly noted this would not set a precedent if a waiver were granted this year. He stated the Trust deserves the City’s support because of their many contributions. Commissioner Persis stated when he seconded the motion, the intent was to write the cost off for this year. Mayor Hood indicated he has no problem with the idea of writing the cost off with the stipulation that if any future events are held, this money will be included with the fees. He noted other worthy organizations such as the Chamber of Commerce and Ormond Main Street have to pay for services. Commissioner Boyle asked if these fees have ever previously been waived; whereas, Mayor Hood indicated he does not remember any waiving of fees in the six (6) to seven (7) years he has been serving. Mr. Miller agreed, and advised the City has requests from many worthy organizations to waive fees; and if a practice is started, staff will have to bring it to the City Commission each time for decision. He recommended not allowing a waiver at any time; but if the City Commission feels a need to compensate the organization, he recommended giving a donation for their charitable cause or service to the community. Commissioner Boyle amended his motion, seconded by Commissioner Gillooly, to consider the $522 grounds fee a loan until the Historical Trust’s next event, at which time it will be included in the fee; but the fee for the police be waived since there was some dissolution of the police resources at the event. Mayor Hood explained that the police charges was only that amount that related solely to the festival, not the Jacksonville bikers in town, or the fireworks. Commissioner Boyle replied the Trust was to get an escort to the bank and other help which was not forthcoming. Mr. Donald Bostrom reported he asked for a police escort, but none was available.
Mr. Randal Hayes, City Attorney, asked if this vote was dispositive of the entire motion to amend and the motion; whereby, Mayor Hood agreed that was his interpretation. Item #10(D) - Volusian Water Alliance Budget Status Commissioner Gillooly advised he is the Ormond Beach representative to the Volusian Water Alliance which is at a crossroads. He explained he had requested this item be placed on the agenda to familiarize the City Commission with what has transpired and to ask for guidance. He indicated a decision has to be made whether the Alliance is to be a planning or an implementing organization. Mr. Miller stated the Alliance is considering becoming the agency that puts together the interconnects to the point of financing, and adding staff for a Consumptive Use Permit Officer and a Conservation Officer. He stated he and other city managers fear this may be prematurely opening up the interlocal agreement to adjustment. Mr. Miller stated the budget would increase from $200,000 to $400,000 to accomplish these operational duties. Commissioner Gillooly stated water will be the primary issue which needs to be faced in the next 20 years. He noted the water is available, but the Alliance has to find more efficient ways to acquire it. Commissioner Gillooly stated he believes firm goals and objectives need to be set before the next step can be taken. Mayor Hood stated the entire concept was that all the interested parties would sit at the table and agree to make policy decisions regarding water on a County-wide basis. He stated the policies need to be implemented in a joint venture between the cities and the County, thus he agreed with Commissioner Gillooly and stressed the importance to stay vigilant to fight any need to create the Alliance’s own policy. Item #11 - Audience Comments On Agenda Items There were no audience comments. Item #12 - Reports, Suggestions, Requests U.S. Airship Leasing Commissioner Boyle noted there is a new construction schedule for U.S. Airship Leasing, and he expressed concern as to how this relates to costs and lost revenue. He asked that a report be prepared and discussed at a future agenda. Mayor Hood asked that this item be placed on the next agenda. Greenbelt Conference Commissioner Gillooly reported he will be attending a conference in Miami where greenways and greenbelts will be discussed. He expressed his appreciation for the opportunity to attend this meeting. Volusia League of Cities Mr. Miller explained the Volusia League of Cities is developing a legislative program and requested a consensus from the member cities to authorize attendance and greet the delegation. He requested $1,500 to $2,000 to accomplish this. Mayor Hood, hearing no objections, authorized the expenditure of funds. Police and Fire Station Financing Mr. Miller asked for a meeting to discuss financing for the new Police and Fire Station and recommended a workshop at 6:00 p.m. before the next regular City Commission meeting. Mayor Hood asked Mr. Miller to contact each Commissioner and confirm if this is acceptable. Item #13 - Close The Meeting The meeting was adjourned at 10:55 PM. |
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