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JUNE 1, 1999 7:00 PM Present were: Mayor Dave Hood, Commissioners Jeffrey J. Boyle, Thelma B. 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 Dr. Harry Berger, Beth Judah Messianic Congregation. 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 May 18, 1999, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Boyle asked that page 11811 be amended to add a statement of fact that he made in response to the alleged 200,000 operations at the airport as follows: "These 200,000 operations would equate to a landing or take off every minute, ten (10) hours a day, 365 days per year." Commissioner Persis moved, seconded by Commissioner Irvin, to approve the minutes as amended.
Item #5 - Item #6 - Audience Remarks Code Enforcement Issue Mr. Frank Leo, 112 Sandcastle Drive, stated a code enforcement problem has persisted for the past ten (10) years, and while some of the cars in violation have been towed away, he showed pictures of a van which has been in the same location for the past ten (10) years. He noted the van is not road-worthy and is rusting, making Sandcastle Drive look like a junk yard. He reported this is the fourth time he has presented this problem to the City, and nothing has been done. Mayor Hood asked if anyone from Code Enforcement were made aware of the problem; whereby, Mr. Leo replied Code Enforcement has been notified. Mayor Hood requested Mr. Miller prepare a report to be presented to the City Commission for the next meeting. Ormond Skatecourt Ms. Muriel Nicastro, 6 Mimosa Trail, advised the skatecourt the City recently constructed is already defaced with trash and drug related graffiti on the walls. She stated the City spent $250,000 to construct this skatecourt, and its condition is disgraceful. Mayor Hood requested Mr. Alan Burton, Leisure Services Director, present the City Commission with a plan as to how to handle this vandalism problem. Trash Pickup Mr. Joseph Thompson, 356 Chardon Road, noted that on five (5) occasions Jennings Environmental has left trash for as long as five (5) weeks within a three (3) block area. He stated on the 1200 block of Fernway Drive, the trash was left for five weeks; at 1280 Gallaten Road, two (2) weeks passed, and the owner was accused by the driver of the trash truck that a professional company took the tree down, and the driver would not believe the owner when she claimed her family cut the tree down; at 317 Chardon Road, the driver stated the cost to haul a tree away would be $150.00, but the owner got a local contractor to haul it away for only $80.00; at 345 Chardon Road a neat pile of debris was left for over a week; and at 1291 Biltmore Drive, three (3) weeks have passed, and debris is still on the curb. Mr. Thompson commended the City for the Memorial Day celebration and noted the speech by the Mayor emphasized accountability, leadership and responsibility. He asked the City take responsibility for its actions and find a solution to this problem. Mayor Hood asked Mr. Ted MacLeod, Public Works Director, to discuss these issues with Jennings Environmental. He explained that when a commercial company has worked on a particular yard, the company is responsible to remove the debris; it is not the responsibility of the individual property owner. Mayor Hood stated a procedure needs to be developed where it is determined there is too large a pile of trash and there is some indication a private contractor worked the lawn. He noted that in these cases Jennings needs to talk to the owner so the debris does not just sit by the curb, but is taken care of properly. Historic Grant Update Mr. Ceylon Barclay, 1239 Oceanshore Boulevard, advised that last week representatives from the State Division of Forestry, Fish and Game Commission, Environmental Protection, the Division of Historic Preservation, Land Acquisition Management Advisory Committee, and the Department of State toured the Three Chimneys site. He noted the Department of State asked if the City had passed a Resolution supporting the Three Chimneys project. Mr. Barclay requested a Resolution of support be considered. Mr. Barclay noted the Trust is working on a year 2000 calendar to be sold by the Trust, featuring fourteen (14) historical buildings in the City. He asked if the City would be interested in purchasing some of these calendars which are sold in lots of 50 for $450.00 or $9.50 each. Mayor Hood asked both items be placed on the next agenda for discussion. Northbrook Sidewalk Mr. Robert Nichols, 327 Northbrook Drive, presented a petition signed by residents of Northbrook in opposition to the construction of a sidewalk on the south side of Northbrook Drive. He pointed out the swale area, which is the area from the gutter to the sidewalk, along Ridgewood Avenue, Beach Street and other areas, tends to deteriorate if the homeowner does not take proper care of the property. Mr. Nichols stated Northbrook now is an aesthetically pleasing neighborhood, and he it is his desire to keep it that way. Commissioner Boyle asked if this issue could be placed on a future agenda; whereby, Mayor Hood agreed. Mr. Eugene Miller, City Manager, indicated the contract for this sidewalk had been awarded at the last City Commission meeting. Ms. Judy Sloane, City Engineer, advised the need for this and all sidewalks went through very detailed evaluation criteria. She stated the sidewalk would connect a very large subdivision to Ormond Beach Middle School; it would connect to an existing sidewalk; it would provide a loop to Beach Street, and pedestrian accidents were also a consideration. Ms. Sloane stated there have been two (2) accidents in the past three (3) years in this area. She stated she considers this a critical sidewalk for the program; the contract has been awarded; and she recommended the sidewalk be constructed. Mayor Hood stated that due to the anticipated length of discussion, this item will be placed at the end of the agenda for discussion. Airport Issues Mr. Glenn Jaspers, 160 Ocean Terrace, offered his expertise in setting up an itinerary of the surrounding airports to better brief the City Commission on issues it faces. He stated Ormond Beach deserves a comprehensive build-out plan for the Airport and the Business Park. Mayor Hood noted if Mr. Fred Baughman, Economic Development Administrator, needs Mr. Jaspers’ services he can avail himself of them. He clarified that Ormond Beach does have a long-term Airport Development Plan as well as a Business Park Development Plan. Item #6 - 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 Gillooly asked that Item No. #6(A) be discussed separately. Commissioner Persis moved, seconded by Commissioner Boyle, for approval of the Consent Agenda, minus Item No. #6(A).
Item #6(A) - Environmental Advisory Board Appointment RESOLUTION NO. 99 - 85
Commissioner Gillooly stated he is uncomfortable with the nomination of Mr. Paul Holub for two (2) reasons. He noted Mr. Holub has a past history of City code violations, most notably, the destruction of a tract of wetlands in the southwest portion of the City. Commissioner Gillooly stated he does not consider it appropriate that any person who does business with the City or comes before the City Commission seeking votes for project as Mr. Holub often does, should sit on any board making policy recommendations; therefore, he asked a vote be taken to deny this nomination. Commissioner Boyle stated that while this nomination is controversial, there is nothing in the language of the Charter that precludes individuals who do business with the City from serving on boards. He stated that Ormond Beach has had a tradition of Commission courtesy where the Commission defers to those Commissioners who nominate people to boards. Commissioner Boyle stated while he recognizes the problems Mr. Holub has had in the past, the current Environmental Advisory Board members have no objection to this appointment, and he believes the appointment would give a balance by having an active developer on the board. Commissioner Persis stated appointing Mr. Holub to the Board would be a learning experience to both the Board members and Mr. Holub. He stated the appointment would be good for the City, and he supports the nomination. Commissioner Irvin indicated she has had no previous experience with Mr. Holub but noted concern because Mr. Holub is a productive developer who brings numerous projects to the City Commission. She stated there may be a conflict of interest on many issues, and she questioned his effectiveness if he must excessively abstain from voting. Mayor Hood stated that the ability to articulate different ideas is a privilege American citizens possess, and Mr. Holub could offer a different viewpoint on many issues. He noted to abrogate the long-standing tradition on this Commission that the Commission respect each Commissioner’s nominee creates a serious precedent. Regarding the incident Commissioner Gillooly mentioned, Mayor Hood explained that Mr. Holub hired a contractor to build a structure on property he had sold; the contractor injured wetlands; and he had to come back to the City to mitigate the wetlands. Mayor Hood stated Mr. Holub paid to correct the problem. He pointed out that Mr. Fernandez, a member of the Environmental Advisory Board, represents a large engineering company who does extensive work for the City, and there were no objections when he was nominated to the Board. Mayor Hood advised Richard Truitt also does work for the City and is a Board member. He stated the goal is to have every person in the community participate. Commissioner Gillooly noted that when the Environmental Advisory Board was reinstated over Mayor Hood’s and other’s objections, he called numerous environmentalist in Volusia County asking for recommendations. He stated the name that was recommended in most of his conversations was that of Mr. Fernandez. Commissioner Gillooly indicated he considers this nomination an insult to the City Commission, the Environmental Advisory Board, and to the public.
Item #7(A) - Florida Urology Annexation Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(A). The motion carried unanimously. ORDINANCE NO. 99 - 26
Commissioner Persis moved, seconded by Commissioner Gillooly, to continue this item.
Item #7(B)- Paint Colors of Hangars Commissioner Boyle moved, seconded by Commissioner Persis, to close the public hearing on Item #7(B). The motion carried unanimously. ORDINANCE NO. 99 - 28
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Ordinance No. 99-28, on second reading, as read by title only.
Item #8(A) - Parking Requirements for Aircraft Hangars ORDINANCE NO. 99 - 29
Commissioner Gillooly moved, seconded by Commissioner Persis, for approval of Ordinance No. 99-29, on first reading, as read by title only. Commissioner Boyle stated the determination was made that the City would provide this parking lot as an incentive to the developing company. He asked if the City would be saving $35,000 in parking lot construction costs, since the spaces are being reduced from 86 to 62, and if so, where this would be shown in the budget. Mr. Fred Baughman, Economic Development Director, stated there is no savings because these parking spaces will be deducted from the hangar parking but added to the office and manufacturing area parking spaces; therefore, the same number of spaces are still being provided.
Item #8(B) - Outdoor Display and Sale of Products ORDINANCE NO. 99 - 30
Commissioner Boyle moved, seconded by Commissioner Persis, for approval of Ordinance No. 99-30, on first reading, as read by title only. Mr. Joe Dougherty, 33 Division Avenue, requested this Ordinance include language which specifies sales outside the exterior business walls be permitted. He explained he plans on enclosing an area outside which will not be viewed from the street. Mr. Dougherty stated his intentions fall within the guidelines of Section 2.04, but the Planning Director disagrees with his interpretation. Mayor Hood advised the proper procedure would be to make an appeal to the City Manager; and if there is still a disagreement, it would then be appealed to the City Commission. Mr. Dougherty indicated it would be October before anything would be decided on this issue; whereby, Mr. Eugene Miller, City Manager, advised that he sent Mr. Dougherty a letter, and when he receives his appeal, he will deal with it within five (5) days. Mayor Hood stated, assuming Mr. Dougherty supplies Mr. Miller with the appeal by tomorrow, that the appeal will be placed on the next agenda if the issue is still unresolved. Commissioner Boyle offered that he was willing to make a motion to amend the ordinance to allow the types of enclosures described by Mr. Dougherty. Mr. Don O'Donniley, Planning Director, stated the section of the code the City Commission is dealing with tonight is the outdoor section, while the section Mr. Dougherty is referring to is in Article IV which deals with permanent outdoor displays; therefore, if an amendment were to be made, it should be made to Article IV not Article VIX. Mayor Hood asked Mr. Randy Hayes, City Attorney, since Commissioner Boyle’s motion relates to a completely different article, if the amendment needs to go through the process with notice. Mr. Hayes agreed and stated it would also need to be presented to the Planning Board; whereby, Commissioner Boyle withdrew the motion. Ms. Rita Press, 875 Wilmette Avenue, asked for clarification on exactly what is being amended with this ordinance. She stated that when this issue came before the Planning Board, several things were discussed such as the sale of alcoholic beverages outdoors. Mr. Tom Lipps, Assistant to the City Manager, explained the current regulation had restrictions on the sale of temporary outdoor products to those products that are consistent to the principal use of the business, with the sale not extending any longer than ten (10) days at one time with a limit of four (4) sales in one (1) year. He noted another restriction is that the sale must be on a developed commercial site and cannot involve food, beverages, alcohol, outdoor entertainment, or the renting of space to outdoor vendors. Mr. Lipps stated these regulations affect the sales of Christmas trees, pumpkins and fireworks which typically extend longer than ten (10) days. He noted several groups have been conducting holiday sales on undeveloped lots which do not comply with codes. Mr. Lipps advised staff was instructed to address the grandfathering of the existing businesses involved in the holiday sales and develop regulations that would allow food, beverage (including alcohol), and outdoor entertainment. He stated the package of amendments were presented to the Planning Board who supported the amendments dealing with the holiday sales but opposed expanding the code to allow food, beverage (including alcohol), and outdoor entertainment. Mr. Lipps explained that tonight the City Commission is considering the Planning Board recommendation. Mayor Hood clarified that if this Ordinance is approved, it would allow those places who have been selling pumpkins and Christmas trees in the past to legally continue to sell them. He noted the expanded sales for events such as Bike Week are not in this Ordinance, although a set of regulations is in the Commissioners’ packets. Commissioner Persis clarified that this vote would approve the changes outlined on page 5 of the staff report under 2.04 (I) and (J). He asked why the statement, "Any business not listed below may apply to the Director of Planning for inclusion on the list within six months of adoption." Mayor Hood explained the list includes businesses the City is aware of, but there may have been other businesses the City simply does not remember, and they should also have the right to be included as well. Commissioner Persis asked why the six (6) month period; whereby, Mayor Hood replied the six (6) month period will cover Halloween and Christmas, and if problems were to arise, they should arise within that time frame. Commissioner Persis stated opposition to any time restriction stating the intent was to allow any organization the right to sell these products. Mr. Lipps noted the intent of that particular language was to grandfather in those existing operations without expanding the language. Commissioner Persis moved, seconded by Commissioner Boyle, to amend Item "J" as follows: "Any business not listed below may apply to the Director of Planning for inclusion on the list. within six months of adoption"
Item #8(C) - Schedule of Civil Fines ORDINANCE NO. 99 - 31
Commissioner Persis moved, seconded by Commissioner Irvin, for approval of Ordinance No. 99-31, on first reading, as read by title only.
Item #9 - Air Traffic Control Tower Design Study RESOLUTION NO. 99 - 81
Mr. Fred Baughman, Economic Development Administrator, noted the only thing the City Commission is voting on this evening is the Joint Participation Agreement with the Florida Department of Transportation which sets up the grant funding of a design study for an air traffic control tower. He stated at the next meeting there will be a Professional Services Agreement for only the feasibility portion of the tower, assuming the outcome of that study, then staff will come back with a second Professional Services Agreement for the design of the tower. Commissioner Boyle stated both staff reports indicated this request is based on safety and traffic forecasts. He indicated he attempted to find documented evidence of the three (3) to four (4) near mishaps claimed by Mr. Greg Schamaun, Chief Pilot at Sunrise Aviation, at the previous meeting. Commissioner Boyle advised he was unable to locate any Federal Aviation Administration (FAA) report to substantiate that assertion. He asked if Mr. Baughman has information, other than the testimony of a few of the smaller Fixed Base Operators (FBO’s), as to what the safety emergency is at the Ormond Airport. Mr. Baughman replied this came up in response to the meeting held on the Capital Improvements Program where some of the FBO’s, personnel from the Daytona Beach control tower, and a representative from Florida Department of Transportation were present and indicated the need for a control tower due to safety concerns. Mr. Baughman stated no one could give an accurate count presently, but Embry Riddle will do an operations count as a class project. He noted this will take time because operations in the summer are different from those in other seasons. Commissioner Boyle asked if Mr. Baughman still supports his forecast of a 200,000 count; whereby, Mr. Baughman indicated that based upon past studies by FAA and FDOT, the forecast is between 190,000 and 210,000 annual operations. Commissioner Boyle stated this data was compiled from four (4) year old traffic forecasts, not counts. He stated he received a fax from Mr. Richard Owen, Program Manager for FAA at the Orlando District Office, which stated in the twelve (12) months prior to March 26, 1998, the count at the Ormond Airport was 118,000. Commissioner Boyle stated approximately half of the estimated 200,000 movements are operations from the students of Embry Riddle, and if that airspace becomes controlled with a tower, 90% or more of the student training operations will go to other operations, which will alter the count. Mr. Baughman stated that the Air Traffic Control personnel who attended the last City Commission meeting indicated that with a controlled airspace, the flight school operations will actually increase, not decrease; yet he personally has no indication if this is true or untrue. Commissioner Boyle asked if control towers are normally requested by the FAA, and he suggested if the near mishaps that were mentioned had occurred, he would expect the FAA to demand a tower be built. Mayor Hood explained, as a former pilot, the reason Commissioner Boyle cannot find documentation on the near mishaps is because often times these near misses are not reported. He stated any pilot who frequently uses Ormond Beach Airport will attest to the fact that near misses are not uncommon, and if this is ignored and a feasibility study is not done, this creates a serious liability issue. Mayor Hood indicated all this Commission is being asked this evening is to approve a scientific study to determine if these anecdotal evidences create a need for a control tower. He noted the Ormond Beach Airport is used by inexperienced pilots from Embry Riddle; Mr. Adrian Thompson of Ormond Beach Aviation trains foreign people how to fly; there are helicopters; soon a blimp company will be coming to Ormond Beach; and he deems it highly irresponsible not to authorize the money to determine if there is a safety problem. Commissioner Gillooly stated he does not object to a feasibility study but objects to the joining of the feasibility study and the design study; whereby, Mr. Baughman explained that tonight all that is being sought is strictly the grant for funding, and these issues will be separated. Commissioner Irvin agreed a feasibility study is needed but asked for clarification on the definition of a design study. Mr. Baughman replied that based on the findings of the feasibility study, the second agreement will be for the design of the construction of the tower. Mayor Hood explained that if the feasibility study comes back and indicates there is no need for a control tower, this vote will not approve the construction of a tower. Commissioner Persis expressed appreciation to Mr. Jean Jenner for information he supplied and agreed there is a need for the feasibility study. He stated progress can be made from that point after the study is obtained. Commissioner Boyle stated the three (3) or four (4) mishaps a week would equate to 200 per year, while last year, in the entire nation, there were 207 reports. He noted that according to FAA regulations, if there were incidents at our airport that raise safety issues, by law, those reports should be filled out and on record, although he did concede there are incidents where pilots will not always report the mishaps. Commissioner Boyle noted he still would like to see the documentation Commissioner Gillooly asked for before he can approve the feasibility study. He stated that to consider the 200,000 figure as accurate, there would have to be a take off and landing at the airport every 2.6 minutes, every hour of the day, 24 hours a day, 365 days a year; and these figures are contradicted by a document that should have been provided. Mr. Baughman pointed out that that document has the same figure the prior year because if a count is not done, they look at the year before and use the same number over again. He stated he has seen that document, and it will say 200,000 this year. Commissioner Boyle noted the tower, if built, will have no control of airspace above 1,200 feet; it will not have radar; and the City Commission has been given no information regarding long-term cost and maintenance. He noted no information was given on the possible scenario where if the tower is built and the Embry Riddle students would not come back, the FAA would do an updated count and determine there in insufficient traffic to warrant the tower; and as they have done in other airports, the FAA would pull out, leaving the City with the responsibility of the tower. Commissioner Boyle stated there is a controlled international airport which is underused only five (5) minutes away by air. Commissioner Irvin stated that at a future meeting she will propose the possibility of reinstating an Airport Advisory Board which she deems very important and necessary.
Ms. Clara Loesch, Bear Creek, stated that yesterday, a holiday, eight (8) biplanes and single-wing planes flew into the airport, gassed up, and took off. She noted planes come in at all hours of the night flying low over 647 residences; Hawaiian Tropics has propane tanks; and there is a reclamation plant with chemicals nearby. Ms. Loesch stated that considering all the traffic now present and the airship company coming in, she strongly recommends a tower be constructed. Item #10(A) - Awning Color at Rick’s Auto Tint Mr. Don O'Donniley, Planning Director, noted Section 5.04(C) of the Land Development Code requires that buildings and awnings be either neutral, earth tones, or pastel, and this applies to all commercial establishments in the City. He stated in the overlay district, there is an exception if there is a unique architectural style, but specific language indicates a logo or national color is not an architectural feature. Mr. O’Donniley explained another issue is the application of the overlay district under Section 10.01(B), specifically regarding the 200 feet of the right-of-way of Granada Boulevard. He stated the determination has been made that the 200 feet is measured from the edge of the right-of-way, and in this case, the 200 feet just crosses over the line 20 to 30 feet into this property. Mr. O’Donniley indicated that his determination has been that if any of the property falls within the 200 feet, the entire property is subject to the overlay district regulation. He stated the first appeal is the color, where Mr. Westfall is requesting a blue awning reflective of the AT&T logo color, and the Planning Department’s position is that the Ordinance does not permit that color anywhere in the City of Ormond Beach. Mayor Hood mentioned blue awnings now existing in Ormond Beach; whereby, Mr. O’Donniley explained there have been exceptions granted for the Ethan Allan Gallery, the Blockbuster Video, and TGI Friday (instances where there has been an overlay district approval.) Mr. O’Donniley stated that in this instance it is irrelevant that this property falls within the overlay district because blue is not permitted anywhere in the City; however, he recommended staff receive the City Commission’s interpretation due to the fact the language is not clear in the ordinance whether having a portion of a property within the district determines that the entire site is within the district. He advised that has been the Planning Department’s interpretation. Commissioner Persis advised he recommends the entire lot must be within the 200 foot range before it should be considered in the district. Mayor Hood stated the northern portion of this lot is a parking lot, and the entire structure is outside the district. Mr. O’Donniley suggested a solution could be to require that if at least one-third of the frontage of the lot were in the district, it would be considered in the district, which would allow for the important principles made when creating the district. Commissioner Boyle stated the City needs to consider why the rules in the Streetscape are more stringent and confining. He stated this is the part of town where the City desperately needs redevelopment, and greater latitude is needed. Commissioner Boyle pointed out this same color blue was approved with backlit awnings for Blockbuster Video, and once this was done, a precedent was set to allow it for any other business. He recommended an agenda item be discussed at a future meeting to have the Planning Board reexamine the Streetscape rules. Commissioner Irvin agreed that if any rules are to be relaxed, the downtown area is where it is most appropriate. She concurred that since Blockbuster Video has the same blue, the City should not deny this request. Mayor Hood asked if Commissioner Persis were moving to allow the blue awning requested by Rick’s Auto Tint and to interpret the code to require one-third of the lot to be within 200 feet for it to be considered in the overlay district. Mr. O'Donniley requested the specific percentage be brought back to the Commission for consideration at a later date so staff has the opportunity to offer the proper language to avoid ambiguity. Commissioner Persis moved, seconded by Commissioner Boyle, to uphold the appeal and allow Rick’s Auto Tint to install a blue awning.
Commissioner Irvin stressed the importance of working with the Planning Board to come up with some guidelines that belong to Ormond Beach. Item #10(B) - Cable Television Customer Service Requirements Mayor Hood requested the City Commission consider reducing the window from four (4) hours to one and one-half (1½ hours) for connecting to service because when both of the residents work, a four (4) hour window is unacceptable. Commissioner Boyle stated concern that if the time is reduced to 90 minutes, in order to guarantee service, it may delay the installation and services further. He recommended a compromise at two and one-half (2½ hours). Commissioner Persis made a motion, seconded by Commissioner Irvin, to reduce the four (4) hours to two (2 hours) for connecting to cable service.
Commissioner Persis stated this motion applied to Time Warner but questioned if it also applied to any other cable company who would supply Ormond Beach; whereby, Mr. Tom Lipps, Assistant to the City Manager, replied staff interprets the Commission action to require that an ordinance amendment be brought back to the Commission which will affect all cable companies doing business in Ormond Beach. Commissioner Boyle asked if the customer would have the right to waive the two (2) hour requirement, which may mean a delay of several days to meet the requirement. Mayor Hood stated this can be discussed when the ordinance is prepared; but this Ordinance is saying that if a company wishes to do business in Ormond Beach, they must meet certain standards acceptable to the normal customer. He stated the cable company has a monopoly in Ormond Beach and should not be able to operate in this fashion. Item #11 - Audience Comments On Agenda Items Northbrook Sidewalk Ms. Sloane explained the existing sidewalk now ends adjacent to Ormond Beach Middle School, and one of the criteria considered was to continue sidewalks where they were existing. She stated this sidewalk is in accordance with the Transportation Element of the Comprehensive Plan which encourages the City to provide alternate modes of transportation. Ms. Sloane noted she has heard only Mr. Nichols’ complaint, but also has heard from other residents in favor of the sidewalk. She stated there is no swale proposed between the curbing and the sidewalk. Ms. Sloane advised the Land Development Code requires measuring four (4) feet from the edge of sidewalk to the back of the curb for a Miami curb. She stated Mr. Nicholas’ property does have extensive landscaping in the right-of-way, but added the City plans on providing restoration and to locate the sidewalk to minimize impact to his property. Ms. Sloane offered to meet with any other resident to discuss the plan. Commissioner Persis asked Ms. Sloane to explain the criteria used in determining placement of sidewalks in the City; whereby, Ms. Sloane indicated there were ten (10) criteria. She stated the important criteria in this instance were that it was a subdivision feeder in that if Northbrook were to be built today, it would require a five (5) foot sidewalk. Ms. Sloane noted other criteria used were: where the residential uses are, the destinations such as parks and schools, bus routes, where the continuation of sidewalks were needed, and pedestrian safety. Commissioner Persis asked if the property in question is City property; whereby, Ms. Sloane replied the property is totally within the right-of-way. Commissioner Persis questioned the size of the proposed sidewalk; and Ms. Sloane responded that the proposal is for a five-foot sidewalk. She advised the minimum requirement is a four-foot grass strip and the five-foot sidewalk, requiring nine feet; but on Mr. Nichols’ property and other properties, the City has adjusted the requirement to six (6) feet to avoid some of the vegetation. She recommended the minimum four (4) feet be met, except where there are obstacles that are trying to be avoided. Mr. Nichols asked exactly where the pedestrian accidents occurred; whereby, Police Chief Larry Mathieson clarified these were vehicular accidents within the past three (3) years, not pedestrian accidents. Mr. Ted MacLeod, Public Works Director, stated a five (5) year review had been done which indicated one pedestrian (1) accident occurred and which was reported on the Master Plan. Mr. Nichols stated he did not receive notification this sidewalk was to be constructed, and he asked what sort of traffic studies were done to determine how much foot traffic occurs on school days and weekends. Mr. Nichols stated no studies were done because there is no pedestrian traffic on the street, and there is no justification for constructing a sidewalk. Mr. Fred Kurtz, 943 Northbrook Drive, concurred with Mr. Nichols’ statements, and he stated a need should be established before a sidewalk is constructed. Mr. Kurtz noted that some of the properties slope three (3) feet; therefore, a retaining wall would be necessary. Mr. Al Zappi, 946 Northbrook Drive, advised there is a 25 mile-per-hour speed limit with a 15 m.p.h. speed limit during school hours which has an effect on safety. He agreed there is no pedestrian traffic to warrant a sidewalk. Mr. Arnold Black, 948 Northbrook Drive, reported a larger safety issue is the school busses driving down Northbrook Drive faster than the posted speed limit. Ms. Tina Share, 1317 Overbrook Drive, agreed there is no need for a sidewalk from Overbrook Drive to Beach Street; but from Overbrook Drive to the school, there is a desperate need for the sidewalk. Mr. Samuel Rand, 933 Northbrook Drive, stated there is no specific plan that calls for this sidewalk to be built. Mayor Hood advised that one and one-half (1½) years ago, the City contracted a qualified transportation consultant to do an analysis of every street in Ormond Beach to determine where there were safety issues and sidewalks were needed. He noted in an attempt to eliminate the politics that could cloud the issue, the consultant rated each need on a computer considering the criteria to prioritize the needs. Mayor Hood explained that the City Commission determined to have all the needed sidewalks built within a three (3) year time period. He stated this sidewalk was ranked eight (8) out of 39. Mr. Rand pointed out that pedestrian traffic is extremely low, and if safety is an issue, he recommended the City enforce its speed limits, place stop signs at the six (6) intersections, and consider speed bumps. He indicated the retaining wall previously mentioned is an issue as well as the replacement of cables laid just two (2) years ago. Mr. W.C. Rumfelt, 925 Northbrook Drive, indicated there never was and is not now a need for a sidewalk because the students walk through the yards; they do not use the street. He stated only one person did not sign the petition, and that was because they were out of town. He stated that demonstrates the fact that this sidewalk is not wanted by the residents. Mr. Mike Stiegel, 921 Northbrook Drive, expressed concern regarding the aesthetic value of the neighborhood if a sidewalk is built. He noted concern regarding property values decreasing and urged the sidewalk not be built. Mr. Cliff Martin, 934 Northbrook Drive, asked the cost of the sidewalk, and he stated there has never been a safety problem. Ms. Sloane replied the cost would be approximately $50,000, and Mr. Martin stated City funds could be better spent elsewhere. He stated on Beach Street from Northbrook to Granada Boulevard on the right side where the sidewalk exists, the grass is gone in most areas giving a "messy" appearance from the curb to the sidewalk. Mr. Nichols stated the number of homes, omitting those that are vacant, rental, and three (3) families not available, equals 45 homeowners, only one of which did not sign the petition. He stated this is 97.77% who are opposed to this sidewalk. He noted that 22 people cared enough to attend this meeting and express their opposition. Commissioner Boyle stated a neighborhood near a school will always warrant a sidewalk as a high priority, but government exists to provide what the people ask for and what they need; and in this case, there was only one homeowner who wanted the sidewalk. He stated that a possible solution, if this Commission chooses to go against the 44 homeowners, is to go to the additional expense of a raised curb rather than a Miami curb. Commissioner Boyle suggested the Commission further discuss what the Commission will do when a neighborhood overwhelmingly does not want a sidewalk. Commissioner Gillooly agreed he is not ready to vote on this issue, but when such an overwhelming majority oppose the sidewalk, he must take note. Mayor Hood asked what could be learned that would preclude the Commission from making a decision tonight; whereby, Commissioner Persis pointed out that the project and contract have already been approved. Mayor Hood stated that if the Commission decides this project is not needed, it can be deleted, and the City can go on to the next project. Commissioner Persis asked if this is legally acceptable; whereby, Mr. Ted MacLeod, Public Works Director, indicated each project is individually designed; the contractor specifically bid on this particular project and negotiations would be required. Commissioner Boyle noted change orders are approved on a regular basis, and a change order could be accomplished to eliminate this sidewalk if the Commission determined to do so; whereby, Mr. MacLeod agreed that this could be done with negotiations. Mayor Hood again asked what could be learned if the City Commission were to wait until the next meeting to make a decision; whereby, Commissioner Gillooly explained staff says one thing while residents say something different, and he cannot vote until he goes into the neighborhood to talk to the residents and see for himself exactly what issues are of concern to them. Commissioner Gillooly moved, seconded by Commissioner Boyle, to place this item on the next agenda.
Air Traffic Control Tower Study Mr. Glenn Jaspers, 160 Ocean Terrace, stated what started out as a design study, is now a feasibility study for a tower at the airport. He stated the study will probably show there is a need, but there was no discussion regarding the criteria for the feasibility study itself that would give the Commission a cogent impression of what will be involved and what is necessary on such things as tower operation, full-time or part-time, location of the tower, safety aspects, FAA and FDOT input, etc. He reported he was informed Melbourne has fallen below their minimum operations; therefore, they will not be funded by the FAA, and the city will have to fund it. Mr. Jaspers urged the City to consider all aspects of the tower before one is recommended. Criteria for Agenda Items Mr. Jaspers asked who and how is it determined when and if an item is placed on a City Commission agenda. Mr. Miller explained there is an agenda deadline which is the Friday preceding the Thursday prior to the first or third Tuesday. Item #13 - Reports, Suggestions, Requests Recycling Bins at Recreation Fields Commissioner Boyle read a letter he received from Mr. Adam Share, 145 Heritage Circle, indicating the need for recycling bins at ball fields. Mr. Share stated that at Nova Recreation there are eight (8) teams playing five (5) nights per week, and every team has approximately 15 drinks. Mr. Share asked that recycling bins be placed at all the Ormond Beach sports fields so he and other children can help to save the environment. Commissioner Boyle urged staff to look into Mr. Share’s excellent suggestion. Involuntary Employee Transfer Commissioner Boyle noted he was the only Commissioner who had problems with the involuntary employee transfer of the employee who was demoted a pay grade and will not have the opportunity for pay steps. He stated the Commission determined it did not want to micromanage administrative decisions, but since the meeting he has received more facts that the effects of this transfer has canceled out all of the good will accomplished with the May 8 Employee Appreciation Day. He stated morale is an intangible factor that must be considered when calculating costs. Commissioner Boyle requested the minutes show his exact words: "That I am embarrassed to be part of a City that could make such a decision." Memorial Day Ceremony Commissioner Irvin saluted the Leisure Services Department for the inspirational Memorial Day ceremony. Code Enforcement Issue Commissioner Irvin stated the City Commission spends time on things such as color codes, and it ignores deteriorating cars, trucks, vans, and burned out houses. She stated there is a house which burned over 15 years ago on the corner of Ridgewood Avenue and Fairview Avenue, and the shell is still standing. Commissioner Irvin noted Ormond Beach has good codes, but they need to be enforced. She thanked Mr. Thompson and Mr. Leo for bringing the Code issues to the City Commission’s attention. Skateboard Park Commissioner Gillooly stated he was saddened to see the vandalism at the skatepark, but was encouraged by Mr. Share’s letter. He asked Mr. Share to stand for a round of applause and expressed appreciation for his concern. Commissioner Persis indicated he has received many calls from parents expressing appreciation for the skatepark. He stated there are always a few who will take advantage of situations, but he advised the person responsible for the vandalism has been identified. Crime Stoppers Award Commissioner Persis commended the Ormond Beach Police Department for receiving the Crime Stoppers Award for being the Police Agency of the Year. Save Our Seniors Commissioner Persis asked to have an item placed on the next agenda to discuss "Save Our Seniors" legislation which allows citizens age 65 or over to receive an additional $25,000 tax exemption if their household income is less than $20,000. He stated the tax assessor estimated 570 households could qualify, costing less than $100 per household, and the impact on the tax revenue would be $52,041. Chairs on Granada Boulevard Commissioner Persis reported chairs in front of businesses on Granada Boulevard are not permitted, but he contended outdoor cafes give a nice, small town feeling. He requested steps be taken to determine if it could be made acceptable, with City Commission approval, to allow chairs on the sidewalk while the shop owner’s business is in operation and with the understanding they would be stored when the business is closed. Mr. Miller stated he has contacted the director of Main Street whose organization will be meeting next week, and this item will be discussed. He advised he has discussed this with Mr. O’Donniley who will investigate the Streetscape and legal implications of obstructions in the sidewalks. Mr. Miller stated a waiver of liability will be sought from those who continue this practice for the interim period while the issue is being studied. Commissioner Persis pointed out the City builds benches on the sidewalk, but chairs are not permitted, which does not make sense. Mayor Hood asked Mr. Miller to place this item on the next agenda. Handyway Commissioner Persis asked if anything had been done with the Handyway situation. Mr. Don O'Donniley, Planning Director, stated the parent corporation has brought their first proposal to repaint, which was rejected because it did not fit the color scheme. He advised staff is continuing to address the issue. Color Schemes Mr. Randy Hayes, City Attorney, asked if it was the decision of the City Commission that the Planning Board should consider a Land Development Code amendment at this point regarding color schemes. Mayor Hood clarified the consensus was to send it back through the process to investigate the issue. Item #13 - Close The Meeting The meeting was adjourned at 9:10 PM. |
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