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JUNE 15, 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 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 June 1, 1999, regular City Commission meeting have been sent to the Commissioners for review and asked if there were any corrections, additions, or omissions. Commissioner Persis moved, seconded by Commissioner Boyle, to approve the minutes as submitted.
Item #5 - Audience Remarks Cats and Dogs Destroying Property on Jefferson Street Ms. Geneva Jackson, 263 Jefferson Street, expressed concern regarding 279 Jefferson Street. She stated her concern regarding the animals digging up the yards and laying in the flower beds, destroying property in the neighborhood has been registered previously. Ms. Jackson asked what has been done about this matter. Mayor Hood asked who Ms. Jackson had spoken with on staff; whereby, Ms. Jackson answered she had informed the police who have served summons to the owners. She indicated it is as though people drop off cats and dogs in the neighborhood, because each morning the number increases. Mayor Hood requested Police Chief Larry Mathieson prepare a report for the next meeting and follow up on this issue with Ms. Jackson to be sure the City is doing all that can legally be done. Commissioner Irvin confirmed this has been reported, and she and staff have been working on the problem for over a year. She assured Ms. Jackson something will be done. Mr. Johnnie Freeman, 274 Jefferson Street, reported that when the police come into the neighborhood, the owners take their animals in until the police leave, and then they let them out again. Mayor Hood advised Chief Mathieson will handle the situation and report back at the next meeting. Sidewalk Repair Ms. Muriel Nicastro, 6 Mimosa Trail, expressed appreciation for the sidewalk repairs on the west side of Main Trail between Morning Dew Trail and Soco Trail; however, the sidewalk and curb is cement, but the repair to the slope is macadam. She asked if this is a temporary or permanent repair. Mayor Hood asked Ted MacLeod, Public Works Director, to investigate the situation and get back to Ms. Nicastro. Baseball Tournament Funding Mr. Ed Kelley, 53 River Ridge Trail, presented the Ormond Beach Waves AAU 13 and under baseball team, who qualified to represent Ormond Beach in the national tournament, which is to be held July 30, 1999, through August 6, 1999, in Kingsport, Tennessee. He stated this is quite an accomplishment since this is only the second year that Ormond Beach has had a competitive baseball team. Mr. Kelley thanked the Commission for their support for the facilities to play on and noted that all but two (2) children came from the Ormond Beach Recreation Program. He petitioned the Commission to assist these children in raising the needed funds to make this trip. Mr. Kelley stated the funds needed for the children and parents are approximately $17,000 which includes the cost of pins to be given to players from other states having "Ormond Beach" engraved on them. He noted this is a great achievement and opportunity for these children. Commissioner Boyle congratulated Mr. Kelley and the team and indicated he hopes the City Commission can find substantial funds for this purpose. He stated Fran Carroll, the coach from the Riptides is taking his team to Cooperstown in July for the invitational tournament and requested they receive half of the amount to be given to the Waves. Mr. Frank Henry, 193 Bosarvey Drive, representing the Riptides, advised the team has the opportunity to play in Cooperstown and also requested the City consider assisting in funding. Mayor Hood stated there requests will be placed on the agenda for the next meeting. Airport Issues Mr. Glenn Jaspers, 160 Ocean Terrace, requested the Commission take immediate action to establish an Airport Advisory Board whose voting members predominantly consist of interested Ormond Beach citizens and not special interests. Mr. Jaspers asked the Commission make a motion to reconsider Resolution No. 98-63. He stated he finds extraordinary concessions have been made that have little or no benefit to the airport, its present operators, or the City of Ormond Beach. Mr. Jaspers noted this resolution diluted the Commission’s authority and oversight. Mayor Hood stated these two (2) items will be revisited in August. 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 Persis asked that Items No. 6(H), 6(J), and 6(K) be discussed separately. Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of the Consent Agenda, minus Items No. 6(H), 6(J), and 6(K).
Item #6(H) - Scottsdale Vacation RESOLUTION NO. 99 - 95
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-95, as read by title only. Commissioner Persis asked if this is the area where the neighbors were having problems; whereby, Ms. Judy Sloane, City Engineer, stated there were problems with vandals going behind the houses. She reported the neighbors would like to fence the area in to cut off access while still providing City access.
Item #6(J) - Lincoln Avenue Railroad Crossing Improvements RESOLUTION NO. 99 - 97
Commissioner Boyle moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-97, as read by title only. Commissioner Persis expressed concern regarding the funding of this project from underruns when these funds could be used to further the Sidewalk Master Plan and build sidewalks in other places where a critical need is demonstrated. He proposed funding come from the reserve. Mr. Eugene Miller, City Manager, explained that these funds are readily available due to the underruns. He noted that if it is the Commission’s will that the sidewalk program be expanded, the gas tax from Volusia County would generate at least $.03 or $100,000 for each cent, and these funds have not been considered in the CIP or the operating budget. Mr. Miller stated the reserves could be revisited at another date when underruns are not available. Ms. Judy Sloane, City Engineer, advised that there were underruns also on the paving project in the amount of $45,000. Commissioner Persis explained he is satisfied with the explanation, but does not want the Sidewalk Master Plan to be shorted. Commissioner Boyle also expressed concern that these funds are being taken out of road and sidewalk funding. He stated if there are underruns, the sidewalk program should be accelerated in critical areas. Commissioner Boyle moved to amend, seconded by Commissioner Irvin, to only utilize sidewalk and resurfacing funds for those purposes and no other. Commissioner Gillooly asked when the gas money is expected; whereby, Mr. Miller replied the gas money should be received by March 2000. Mr. Miller added that the gas money is for transportation, and sidewalks are included in the transportation definition. Commissioner Gillooly recommended borrowing the funds out of the street fund, and when the gas funds are received, the funds can be replaced. Mr. Miller stated there are adequate funds in the sidewalk fund. Commissioner Gillooly stated two (2) Commissioners are indicating they do not want to take the money out of that fund, and he is trying to find an alternative. Mayor Hood pointed out that all the funds are from taxpayers.
Mayor Hood advised the motion to amend abrogates the necessity for the underlying motion. Mr. Randy Hayes, City Attorney, requested the Commission go through the formality of passing the underlying motion. Mayor Hood noted that since the Commission has essentially voted to fund the sidewalks out of reserves, if a Commissioner voted "no" for the motion to amend, he should also vote "no" to the underlying motion, since the underlying motion indicates the funds should come from the underruns.
Item #6(K) - Division Avenue Railroad Crossing Improvements RESOLUTION NO. 99 - 98
Commissioner Persis moved, seconded by Commissioner Boyle, for approval of Resolution No. 99-98, with the funding taken out of the reserve funds.
Mayor Hood advised he will continue to vote "no" so long as this Commission continues to fund capital and operating projects out of reserve funds, which he contended is financially irresponsible. Item #7(A) - The Gardens of New Britain Mr. Glenn Jaspers, 160 Ocean Terrace, noted the information given to the Development Review Board included information that was not included in the City Commission packet. He advised the information advisory boards receive should have been included in the City Commission packet to better track the decisions of those boards. Mayor Hood asked if Mr. Jaspers had any comment as to the substance or merit of the information; whereby, Mr. Jaspers advised he did not. Mr. Tim Loftus, president of the New Britain Homeowners’ Association, advised the board makes its decisions on the wishes of the majority of residents. He stated the streets are private and completely maintained by the residents. Mr. Loftus noted the reason for this request is to eliminate as much non-residential and commercial vehicle traffic in the Gardens as possible and to make the Gardens more safe and secure. Mr. George Yetter, 27 Chippingwood Lane, stated he also owns two (2) other homes besides his personal residence in the Gardens of New Britain. He presented the names of 30 or more homeowners in the Gardens of New Britain who oppose this resolution. Mr. Yetter stated the Development Review Board addressed the safety issue but indicated there was no objection from the homeowners. He advised he was in possession of letters from the fire chief and police chief stating that any closure of any entrance or exit to the Gardens of New Britain would present a hazard and necessitate a longer response time for any emergency vehicles. Mr. Yetter stated if the exit is closed, traffic would be rerouted to Chippingwood Lane, which is a main passage to the pool, causing a safety hazard for children accessing the pool. He noted Chippingwood Lane has a 90 degree turn and is a very dangerous intersection presently, and the added traffic would make the situation worse. Mr. Yetter reported the Board of Directors have said that the homeowners have unanimously favored closing the entrance at the annual meeting, but he contended that is not true. He also stated that there was never a formal vote taken on this issue, and when the Board of Directors approved the minutes of the annual meeting, several homeowners objected. Mayor Hood stated the City has an affidavit signed by the president of the association stating this was voted on and approved by a majority. He asked if this is a false affidavit; whereby, Mr. Yetter stated it depends on the definition of a vote. Mr. Yetter stated Robert’s Rules of Order indicates a member makes a motion, a second member seconds the motion, to be followed by a vote. He challenged any member of the Board of Directors to indicate where and when the vote was taken and questioned the outcome. Commissioner Gillooly asked what constitutes a quorum; whereby, Mr. Yetter answered 30%, but further stated there was a quorum present at the meeting. Mr. Sam Piromalli, 3 Bristol Lane, advised he signed the abovementioned affidavit. He stated the entire five (5) member board voted to close the northeast section of the Gardens of New Britain. Mr. Piromalli indicated the only time children are on the street is when vacationers come to visit residents. He stated of the 30 people who signed Mr. Yetter’s petition, only eight (8) or nine (9) live in the Gardens of New Britain. Mr. Piromalli requested this entrance be closed for safety reasons and urged the Commission to approve this request. Commissioner Gillooly questioned why the City Commission is discussing this issue since this is a private street and if the City has the authority to deny the gate. Mr. Piromalli advised the proposed gate is a sliding gate on rollers with a latch on the corner for emergency personnel to use if they need access. Mr. Miller clarified that police and fire have advised that there will be a delay in response time, but it would be an acceptable risk. Commissioner Gillooly stated that issue has been resolved since police and fire have no objections to the gate. He stated the only issue is if there was a majority present at the Homeowners’ Association meeting. Mayor Hood argued that is not the issue because this is private property, and he questioned why the City Commission is dealing with this issue. Mr. Don O'Donniley, Planning Director, explained this was originally approved as a Special Exception and under the Land Development Code, the only way to amend a Special Exception is to take it through this process. He stated the staff position is that the City does not have a public interest once the public safety issues are resolved; therefore, whether the gate is constructed or not is up to the Homeowners’ Association, not the City, but the Special Exception needs to be formally amended. Commissioner Boyle clarified that this subdivision currently has three (3) entrances, and this would reduce the entrances to two (2). Commissioner Persis moved, seconded by Commissioner Gillooly, to close the public hearing on Item #7(A). The motion carried unanimously. RESOLUTION NO. 99 - 99
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-99, as read by title only. Commissioner Boyle noted that at some point, the City had to approve the plan for this subdivision, which included three (3) entrances, and although it is a private street, he understands why it was brought to the City Commission. Commissioner Boyle stated, as a side issue, that the City Commission packet does not include advisory board minutes and they have been requested a number of times. He noted they would be helpful in cases such as these. Commissioner Boyle noted he visited the site and noted it is equipped with speed bumps, and "no trespassing" signs. He stated the gate will not keep burglars out, and the street has been an open public right-of-way for 20 years. Commissioner Boyle advised he would be more comfortable making a decision if the homeowners would be unanimous. He stated he received letters from 30 homeowners who oppose the gate and make a valid point in their contention that with the gate, the burden of traffic will be shifted to areas that previously did not have that burden. He noted he does not see the reward outweighing the risk of granting this gate. Commissioner Persis stated the City would merely be giving approval, but constructing the gate or not constructing the gate would be the decision of the homeowners. He stated it is important the Police and Fire Departments are made aware when any community erects a gate.
Item #7(B)- Aircraft Hangar Height Increase Commissioner Persis moved, seconded by Commissioner Boyle, to close the public hearing on Item #7(B). The motion carried unanimously. RESOLUTION NO. 99 - 100
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-100, as read by title only. Commissioner Boyle advised his main concern is whether the City has FAA approval. He stated the information packet included correspondence dated May 1998, where FAA approval was noted with a request for the City’s plans for operational safety during the construction phase. Commissioner Boyle stated the aforementioned plans were not included in the packet, and without those plans, the City does not have full FAA approval. Mr. Fred Baughman, Economic Development Director, replied that the plans are provided by the contractor that is hired by the company to build the hangar; therefore, until U.S. Airship selects the contractor, and that contractor provides the plans, the City will not have the plans to provide to FAA. Commissioner Boyle asked if there is a quick turnaround time from the time the contractor is hired until they develop the operational safety plans, and then the City gets a response; whereby, Mr. Baughman advised the turnaround time is usually from two (2) to three (3) weeks.
Item #7(C) - Parking Requirements for Aircraft Hangars Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(C). The motion carried unanimously. ORDINANCE NO. 99 - 29
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-29, on second reading, as read by title only.
Item #7(D) - Outdoor Display and Sale of Products Commissioner Gillooly moved, seconded by Commissioner Persis, to close the public hearing on Item #7(D). The motion carried unanimously. Mr. Tom Lipps, Assistant to the City Manager, reported the City Commission, on first reading, amended the draft language which grandfathered in certain outdoor product displays and then allowed a six (6) month window in which other businesses could come in to ask to be included on the list. He stated this window was eliminated on first reading, and opened the process in perpetuity. Mr. Lipps advised by doing this, it was opened to all businesses in all zones, anywhere and any time. He noted the discussion centered on charitable organizations as opposed to all businesses; therefore, if it is the Commission’s intent to open the window to only charitable organizations, the ordinance has been amended to reflect that intent. Mr. Miller noted that since it was Commissioner Persis that made the motion, he conferred with Commissioner Persis who concurred that the amendment is consistent with his directive. ORDINANCE NO. 99 - 30
Commissioner Persis agreed it was his intent to direct this ordinance to only charitable organizations. He recommended trying this process for one (1) year to determine how the process works. Commissioner Persis moved to amend Ordinance No. 99-30, as recommended, on second reading. The motion was seconded by Commissioner Gillooly.
Item #7(E) - Schedule of Civil Fines Commissioner Persis moved, seconded by Commissioner Irvin, to close the public hearing on Item #7(E). The motion carried unanimously. ORDINANCE NO. 99 - 31
Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Ordinance No. 99-31, on second reading, as read by title only.
Item #8 - Cable Television Customer Service Requirements Mayor Hood stated that since there are many items to discuss on this agenda, Item #8 will be moved to the end of the meeting. Item #9 - Granada Boulevard 2000 Improvements (Streetscape) RESOLUTION NO. 99 - 101
Mr. Eugene Miller, City Manager, stated in November 1995, the City’s Downtown Task Force report included the statement, "Granada Boulevard traffic dampening, construction of sidewalks, installation of medians and turn lanes, and reduction of lane widths." He noted Ormond Beach Main Street adopted the Task Force recommendation as one of their primary goals. Mr. Miller explained the Genesis Group included in their long-term recommendation that East/West Granada Boulevard be redesigned, the street width be narrowed, a median be constructed to dampen traffic flow and improve the aesthetics of the corridor. He stated in January 1997, at a workshop with the City Commission and Main Street, members discussed the Tax Increment Financing (TIF) District, and the City Commission requested that Main Street "generate concepts and plans" for a downtown redevelopment project. Mr. Miller noted in April 1997, Ormond Main Street presented a development proposal to the City Commission recommending all City departments and staff give the highest priority to updating the 1986 Master Streetscape Plan. He stated Design Studios West, contracted December 16, 1997, reviewed the plan in many public workshops. Mr. Miller noted on June 11, 1998, the City Commission accepted the final plan. He further stated that on August 11, 1998, the City Commission authorized the issuance of the Request for Proposal for design services and directed him to meet with Main Street and urge them to garner businesses in the district and generate community support for the project. Mr. Bill Miller, Chairperson for Boulevard 2000, business owner and resident of Ormond Beach, stated the purpose of Main Street is to keep the downtown area vibrant and economically sound. He advised to access the ocean, you must travel through this corridor; therefore, it becomes the first and lasting impression people have of Ormond Beach. Mr. Miller stated the corridor combines a vibrant business community with historical, cultural and recreational opportunities in a picturesque setting. He stated the economic health of the downtown is central to the overall health and vitality of the City and must keep pace with the improvements being made to the rest of the City. Mr. Miller urged City Commission approval for Boulevard 2000 because it will promote traffic calming. He stated this project is worthy of the TIF funds since it will increase the value of the downtown district and all of Ormond Beach by attracting more people to live in and visit Ormond Beach. Mr. Miller reported he obtained over 1,000 signatures showing support, as well as support from over 50% of the business and property owners in the district. He noted they also have the support of professional and civic organizations such as the Chamber of Commerce, the Historical Trust, the Memorial Art Museum, the Pilot Club of Ormond Beach, the Daytona Beach Area Association of Realtors, and members of the Revitalization Task Force. Ms. Lori Gillooly, Executive Director, Ormond Main Street, explained the purpose of the TIF District is to see a return on the investment. She stated that while she can not show measurable successes, she can say there are many intangibles that will not be able to be measured immediately. Ms. Gillooly stated the broad-based support this project has shows that the majority of the business people and citizens agree downtown is in desperate need of revitalization. Mr. Mike Knaebel, 10 Soco Trail, owner of The Inkwell and President of Ormond Main Street, stated while he is presently successful in his business, he is concerned regarding the future. He noted the downtown must be kept up to date so retailers can stay in the downtown, and this plan is the future of the downtown. Mr. Knaebel reported that for every tax dollar spent, almost four (4) is returned if they are TIF dollars, and there is no competition for the TIF dollars. He stated this is a great investment. Mr. Joe Dougherty, 33 Division Avenue, stated he is a business man in the area and considers this plan a mistake. He stated if Granada Boulevard is two-laned, there will be traffic backed up to the interstate. Mayor Hood advised the plan does not make Granada Boulevard a two-lane road, but keeps it four lanes. Mr. Dougherty stated if the road will stay four lanes, he would not object. Mr. Bill Partington, 1284 Fernway Drive, stated Mr. Bob Trescott, the Florida Main Street Coordinator, has reported that money spent on this type of project is returned 20 to 1. He noted amenities such as trees do not grow immediately, but in time they enhance an area and it has been found that trees are good for business. Mr. Partington expressed pride in the work Ms. Gillooly, Mr. Miller and Mr. Tom Abbott have done in getting these signatures on the petitions. He explained people studied the plan and asked questions before signing the petitions. Ms. Rita Press, 875 Wilmette Avenue, stated that while she is not a business person, she considers Boulevard 2000 as another jewel in Ormond Beach’s crown. She advised Ormond Beach cannot truly be a City without a vital downtown, and there cannot be a vital downtown without retailers; retailers cannot prosper without foot traffic, and foot traffic will be provided by Boulevard 2000. Ms. Press stated Boulevard 2000 will create a more manageable flow of traffic and make Granada Boulevard pedestrian friendly. She asked the Commission to imagine a downtown where the shops, restaurants, and the art museum are open late one (1) night per week, where musicians can gather at Fortunato Park to play their instruments, and people can visit these parks, shops, and restaurants as well as the beach. Ms. Press urged the City Commission to take this opportunity to move Ormond Beach into the 21st century by passing Resolution No. 99-101. Mr. John Ferguson, 92 Atwood Way, Vice-President of Ormond Main Street, stated as a father he has not taken his children on Granada Boulevard because of the traffic danger. He noted what he likes most from this project is the bulb-outs and providing a median which will slow traffic and make it safer for children and adults alike. He stated after talking to many groups, Ormond Main Street has received positive feedback and support. Mr. G.G. Galloway, 121 Sawtooth Lane, past president of Ormond Main Street, and leasing specialist in commercial real estate, indicated that this is about economic development—the future of the community. He stated that from U.S. #1 to the Granada Bridge and from the Granada Bridge to the ocean there has not been much change other than the Ormond Heritage. Mr. Galloway stated it is difficult to convince commercial entities to locate into the core area. He noted Disney has spent millions of dollars creating a concept similar to what Ormond could create in this area. Ms. Josephine Lebrun, 1 John Anderson Drive, stated she lives at the Ormond Heritage which overlooks the Granada Corridor, and while Granada Boulevard is now beautiful, she urged the City Commission to approve the proposal to make it even more beautiful. Ms. Lori Gillooly added there are over 34 signatures from residents at the Ormond Heritage who have indicated they would frequent more of the downtown shops if they could walk to them safely. She explained the name "Boulevard 2000" was used because the term "Streetscape" has become associated with only a beautification project, while this project is not only for beautification but functionality, such as improving traffic flow, providing greater safety for motorists and pedestrian, and providing greater accessibility to the shops and services so the residents and visitors can claim all downtown Ormond Beach has to offer. Commissioner Boyle thanked Main Street and the citizens who appeared at this meeting regarding this important project. He stated he is a Main Street Board member and has attended every meeting of Main Street, the Downtown Task Force, and the City Commission meetings where this issue has been discussed. Commissioner Boyle stated he is a small business owner in the downtown and is well acquainted with all the problems in the downtown. He noted cost estimates have doubled since Design Studios West appeared before the City Commission a year ago, which is a cause for concern. Commissioner Boyle stated in the report by Mr. Paul Lane, Finance Director, it indicated the project will generate no additional tax base, and although there are intangible factors, this must be considered. He noted the current design does not meet current FDOT standards. Commissioner Boyle stated FDOT has indicated the City can apply for variances, and they may grant them, but they may require changes to obtain the variances. He stated there is no verification in writing with FDOT, only verbal communication. Commissioner Boyle stated a number of downtown merchants are concerned that when the lanes are narrowed with a median in the middle of the street and traffic is slowed down, then FDOT may require the lanes be widened again because traffic will be waiting too long at traffic lights. He noted if this should happen, and the curbside parking would be needed to widen the roads, it would adversely affect the shop owners. Commissioner Boyle stated the current plan eliminates curbside parking in front of the post office. He stated the slow downs and gridlock potential could negatively affect the community at large. Commissioner Boyle stated one of the goals was to be a viable plan for New Britain, yet nowhere in this plan has the New Britain remedy been mentioned. He noted left turn pile ups at the end of New Britain at Beach Street for traffic that wants to access the bridge is a major problem, but is not addressed in this plan. Commissioner Boyle noted that when the left turn is eliminated into the Food Lion, it will increase the pressure on the North Halifax Drive entrance to Food Lion. He stated this situation is already problematic, and it will only be exacerbated by the closure. Commissioner Boyle advised three (3) years ago he made an inquiry as to what can be done to get busses out of the through traffic lanes. He noted his point was not to get the busses off Granada Boulevard, but to find a turn-off for the bus stops, such as in front of City Hall, and this may require acquiring additional right-of-way. Commissioner Boyle advised he can not vote for any plan that does not specifically address the bus stop issue. Commissioner Boyle stated the palm trees and bulb-outs cause sight-line problems. He pointed out maintenance costs will run $10,000 to $15,000 per year. Commissioner Boyle questioned what provision can be made for emergency vehicles passing traffic if there is a median blocking passage. He stated the last Streetscape was an artistic success, but a functional disaster. Commissioner Boyle concluded there are many problems with this project, but he contended they can be worked out. He contends there is not a lot of trust in this project, but he is somewhat more assured in the fact that Ghyabi-Lassiter, Lori Gillooly, Bill Miller, and Mike Knaebel are working on the project. He stated the project needs fine-tuning, and he will be able to give his approval after these problems are addressed. Commissioner Boyle offered a petition signed by 40 to 50 people opposing this project. Commissioner Gillooly countered that there is trust in this project—the trust of over 1,000 people who signed the petition and the trust of the vast majorities of shop owners. Commissioner Irvin complimented the people involved with this project for all the work they have done. She stated Ormond Beach is unique, but other cities have similar problems. Commissioner Irvin stated downtown Ormond Beach needs a makeover; TIF money is available and should be used for that purpose. Commissioner Irvin pointed out that the cost will increase, so the time is now, not later, to do something for the downtown area. She stated when a person exits I-95, they get a beautiful view of Ormond Beach; then after they pass the railroad tracks, there is an entirely different picture. Commissioner Irvin recommended investigating the possibility of purchasing more property for downtown parking, extending bike paths/sidewalks along South Beach Street, putting paddle boats on the river, and making the downtown more water and street friendly. She stated beautification may not increase the value, but it will certainly decrease the value if the downtown is allowed to continue with dilapidated vacant storefronts in the blighted areas. Commissioner Irvin strongly urged the City Commission to do something for the downtown area now. Commissioner Persis asked how much money is annually generated from the TIF; whereby, Mr. Paul Lane, Finance Director, answered that this year, the TIF generated $380,000, which is roughly $2.80 for every dollar the City contributed. Commissioner Persis stated that would mean of the $380,000, $100,000 is Ormond Beach money. Mr. Lane explained the other portion is generated from Volusia County, their two (2) dependent districts, and the Halifax Hospital. Commissioner Persis asked when these funds will become available. Mr. Lane stated the first opportunity to bond the district would be January 2000, since there is roughly $600,000 remaining on the Series "B" Bonds that were used to purchase Fortunato Park. He stated to bond the district in January 2000, the City would need to refund the balance of the debt which would deduct from its bonding capability; however, the City would have the capacity to fully leverage the district to generate $3.2 million. Mr. Lane advised it would be necessary to provide a subordinated revenue pledge from the General Fund, which would pay the debt if not enough increment were obtained to pay the debt. Commissioner Persis stated $1.8 million is slated for funding the improvements from the Halifax River to the Atlantic Ocean, plus funds for engineering services which would bring the total to $2 million, and this would not include that portion from Beach Street to U.S. 1. He asked if the funds were spent on this project, where the money would come from for the second phase. Mr. Lane suggested attempting to finance both phases of the project at one time. He stated if the project is postponed until 2001 and the maximum increment available in TIF were applied, the Series "B" bonds could be retired. Mr. Lane stated this would make $3.8 million worth of bonding production in January 2001. He stated this debt would be sold to a bank, and it would be prudent to do so in a year the City has bank qualified status, but he does not anticipate the bank to have qualified status in the 2000 calendar year. He stated he is hopeful the City will be able to refund the water and sewer debt that year. Mr. Lane recommended the City either finance the east side project only this calendar year, or finance both sides in 2001, and share the issuance cost with both sides of the Halifax River. Commissioner Gillooly asked if it would be prudent to finance the engineering this year, and then do the two (2) phases in 2001; whereby, Mr. Lane stated there is enough increment within the fund to handle the engineering. Commissioner Persis asked why the City should finance an engineering study to implement the east side project when the financially prudent way would be to determine the needs on the west side, and fund both projects in 2001. He noted FDOT has raised a number of concerns, and without their approval, the project cannot be accomplished. Commissioner Persis indicated the City’s engineers should meet with FDOT first, decide what is acceptable, then come back to the City Commission for a decision with that report. Mr. Lane stated if this is passed tonight, the engineering costs will not necessitate any issuance of bonds. Ms. Sloane explained engineering has had several meetings with FDOT throughout the process of the conceptual plan, but they will not give approval on any specific item until design plans exist and are submitted for a permit. She advised there is money built into the contract for revisions that would be expected from FDOT comments. Commissioner Gillooly asked if Ms. Sloane was saying that any problems noted by FDOT would be minor, and there is money set aside to compensate for them; whereby, Ms. Sloane agreed the funds were build into the contract. Commissioner Persis stated while this may not be a major factor based on what is hoped for, it may be a major factor on how it affects the total design of the project. Commissioner Gillooly noted it doesn’t seem this will be known until there is a design to submit. Commissioner Persis stated FDOT moves traffic, and Granada Boulevard, the main artery in Ormond Beach, is extremely slow now, and this will slow it down even more. He asked to go on record saying he has a great deal of concern spending $1.8 million on the east side when the need is on the west side. Commissioner Persis urged plans be made available for the west side. Mr. Knaebel explained Design Studios West has assured Main Street that more traffic will be moved with this plan than the current plan. Ms. Alice Jaeger, 447 Triton Road, stated Ormond Beach needs to decide what it wants the downtown to look like and take a stand. She noted people speed on Granada Boulevard, and they can not see its beauty unless they slow down. Ms. Jaeger stated the City Commission can fight FDOT and let them know what the citizens want. Mayor Hood indicated he agrees something should be done to enhance the aesthetics, but he cannot understand how adding the items proposed would not add to the problem of backed up traffic. Mr. Clay Ervin, Project Manager for Ghyabi-Lassiter, explained the first phase is for the east side, and the second phase is for the west side. He stated the concept plan has been done for the west side, but this portion addresses only the east side. Mr. Ervin noted there is striped on-street parking close to A1A that virtually no one uses, and by taking that parking away, placing medians in, and restricting the number of turning movements coming out of the Granada Plaza, there would be less conflicts. He stated if a street doesn’t have turn lanes, and someone is trying to turn left, all the through traffic if funneled through one (1) lane instead of two (2) lanes. Mr. Ervin explained with a dedicated left turn lane, protected by a median, there would now be two (2) lanes of traffic that can take the motorist from Halifax Drive to A1A. He stated this will equate to about 10% reduction of moves, which is not great, but the overall effect is that traffic will move more efficiently and smoothly through the area with less chances of someone come out of the shopping center, someone going into the shopping center, and cars piling up behind them. Mr. Ervin noted that between Halifax Drive and John Anderson Drive, there is a limited ability within the right-of-way to add medians; therefore, Ghyabi-Lassiter is not prescribing a great deal of medians in this area and using more directional issues. He stated the key is that the goal is not for the traffic to be slowed, but to allow two (2) lanes of traffic going the posted 35 miles per hour as opposed to one (1) or one-half (1½) lane going from 0 to 50, then back to 50 to 0. Commissioner Persis moved, seconded by Commissioner Gillooly, for approval of Resolution No. 99-101, as read by title only.
Item #10(A) - Purchase of Historical Trust Calendars Mayor Hood explained the City Manager has recommended placing the Historical Trust calendars in City Hall, but the City would not purchase any calendars. Commissioner Gillooly asked Mr. Fred Baughman, Economic Development Director, the number of people who seriously inquire regarding economic development in Ormond Beach; whereby, Mr. Baughman stated there are approximately 100 inquiries, with 12 to 15 serious leads. Commissioner Gillooly recommended the City purchase 50 calendars to place in a packet of information sent to anyone interested in economic development. Commissioner Gillooly moved, seconded by Commissioner Irvin, to purchase 50 calendars for Mr. Baughman to distribute with economic development information to potential investors. Mayor Hood explained he opposes this motion because if the City purchases products created by any organization within the City, other worthy organizations will also expect the City to assist in their fund raising efforts. Commissioner Persis agreed with Mayor Hood that there are many worthy charitable organizations in Ormond Beach who have a need. He stated in the past, the Commission has had to deny the requests of these organizations consistently, because it is not proper to use taxpayers dollars for this purpose. Commissioner Persis advised he would gladly purchase these calendars for personal use because he knows the important work the Trust does, but that is not the issue—the issue is using taxpayers’ dollars for private organizations. Commissioner Gillooly clarified he recommended using these calendars in the economic development package to entice investors into Ormond Beach. Mayor Hood asked how many new businesses who are considering coming into Ormond Beach will make their decision based on a calendar; whereby, Mr. Baughman replied that many cities include quality of life items in their packets, but he could not determine what effect they had on decisions to locate in a particular city. Commissioner Boyle reported he has been a member of the Historical Trust Board for the last couple of years and can attest that it is a wonderful organization. He stated it is a great calendar and will sell, but the precedent the City would establish would cause problems with other worthy groups. Commissioner Boyle expressed agreement with the staff recommendation to set up a calendar sale in City Hall.
Item #10(B) - Permanent Outdoor Storage Mayor Hood, after conferring with Mr. Joe Dougherty, 33 Division Avenue, reported Mr. Dougherty is standing by what has been submitted to the City in writing. Commissioner Gillooly questioned the wording "permanent display and/or sale of products outside of the exterior walls of any business shall be prohibited in all commercial areas" in relation to the plants being sold outside at the Wal-Mart store. Mr. Don O'Donniley, Planning Director, indicated that the one (1) exception is in the Planned Business District where an outdoor sales area is approved, and Mr. Dougherty could submit under this exception if he chose to do so; but Mr. O’Donniley noted the more fundamental issue is that there is no district that accommodates this type of sale. Commissioner Gillooly advised he will not approve this appeal since there are other remedies Mr. Dougherty may seek. Mr. O’Donniley explained establishments such as Wal-Mart can come in with an overall plan concept submitted under the Planned Business District where certain exceptions and rules can be created. He stated this change is a small intrusion into the code that does little damage, but the problem is how to created a situation where it is limited to certain districts and conditions to avoid future problems. Mr. O’Donniley stated to accomplish this, each district must be examined, and then the City Commission must discuss proposed amendments, setting up specific criteria. Commissioner Boyle indicated he would vote to uphold the appeal since Mr. Dougherty runs a showcase business in a prime development area, and while the letter of the code is not being satisfied, the intent of the code is being satisfied with the screening Mr. Dougherty proposes. He urged flexibility in the codes, especially in the redevelopment district. Commissioner Boyle noted this is another example of the codes being enforced for small business, and being relaxed for national businesses. Commissioner Irvin noted agreement with Commissioner Boyle in that she has observed a number of businesses who ignore these codes, doing the same types of things the Mr. Dougherty is requesting. She stated this issue needs study and recommendations for changes. Commissioner Persis moved, seconded by Commissioner Boyle, to approve the appeal. Mr. Miller advised the code has been interpreted in this manner in many instances, and if this appeal is granted, he fears litigation from previous operators. Commissioner Persis clarified that he is moving the City Manager’s recommendation to disapprove the appeal. Mayor Hood indicated that is not the motion Commissioner Persis made and Commissioner Boyle seconded. Commissioner Persis withdrew his motion and Commissioner Boyle withdrew his second. Commissioner Boyle noted the City Manager now offers new information which was not in the packet that there are cases in litigation. He stated he understands the decision of the Planning Director and with the present code, it probably was a correct decision, yet this is a unique situation since the merchandise will be obscured from view and this follows the intent of the code. Commissioner Boyle moved, seconded by Commissioner Irvin, to uphold the appeal. Mayor Hood agreed Mr. Dougherty should ultimately be able to do what he is requesting, but the question before the Commission is whether the code, as it is currently written, allows this particular display, and he contended it is clear that it does not. He stated the way to correct this situation is to laboriously go through the process and correct it. Mayor Hood stated while he must vote "no," he also is emphasizing that the process needs to be expedited to change the code as soon as possible. Commissioner Gillooly noted he totally agrees with Mayor Hood’s reasoning.
Item #10(C) - Northbrook Drive Sidewalk Ms. Judy Sloane, City Engineer, explained that in 1997, the City Commission requested a comprehensive Sidewalk Master Plan be prepared identifying the sidewalk and bike path needs Citywide, prioritize them, and set up a funding mechanism. She noted the plan was completed and approved by the City Commission in October 1997. Ms. Sloane indicated the Northbrook sidewalk ranked eighth (8th) in priority because it connects an existing sidewalk next to the middle school to Beach Street and also connects to a network to Nova Road and Granada Boulevard. She pointed out the sidewalk would be required to be built if the subdivision were to be built to current standards. Ms. Sloane reiterated that the City Commission has approved the Master Plan, has awarded the engineering contract, and has awarded the construction bid for the sidewalk. She stated the contractor has an excellent track record in construction and restoration, and although the City goes far beyond the requirements to restore the public right-of-way, the Contractor is willing to work with each property owner to locate the sidewalk as close as possible to the road and to restore the property. Ms. Sloane summarized by stating the professional consultants and staff have recommended very strongly that this sidewalk be built. Mr. Clay Ervin, Ghyabi-Lassiter, stated policies in the Transportation Element of the Comprehensive Plan mandated the City identify a Sidewalk Master Plan with the goal of providing for transportation needs, but also safety and connectivity. He explained the criteria was outlined as accessibility to residential areas, connectivity, tying into transit, and design standards in Article IV. Mr. Ervin stated those sidewalks that can be constructed quickly and efficiently within the existing right-of-way should be developed first, because it minimizes cost, and the sidewalks can be constructed more quickly and easily serving the public in a more efficient time. He explained this sidewalk would connect Beach Street which provides transit opportunities with Ormond Middle School and the entire Northbrook Subdivision north and south feeds into it. Mr. Ervin indicated Ghyabi-Lassiter is proposing sidewalks on one (1) side of the street only. Mayor Hood advised there was a lengthy discussion last week, and if anyone has anything that has not been said in prior meetings, now is the time to be heard. Ms. Mary Ellen Ottman, Division of Blind Services, explained that for the people with disabilities and the older population, sidewalks are crucial. She congratulated the City Commission for trying to make areas more pedestrian friendly. Ms. Alice Jaeger, 447 Triton Road, expressed concern regarding a dangerous precedent that may be set if the City does not proceed with the Sidewalk Master Plan as scheduled. She stated this sidewalk will provide a necessary artery for current residents as well as for future residents who wish to travel safety throughout the Northbrook Subdivision and provides connections for those using the VOTRAN bus system. Ms. Jaeger expressed concern for the elderly and less mobile citizens who many not be represented at these City meetings. She urged the City Commission to make decisions based on the needs of all of the citizens, not on the wishes of a few. Ms. Jaeger read a letter from Irene Moses, president of Handicapped Adults of Volusia County, who was unable to attend this meeting. Ms. Moses stated she represents people with disabilities, and this sidewalk issue greatly affects disabled people since it is nearly impossible to negotiate the rough terrain of grass and dirt forcing wheelchairs to travel in the streets. She noted incidents causing disabilities can happen to anyone at any time. Ms. Moses explained that years ago people with disabilities were stuck at home, but with increased technology, disabled persons are able to travel freely with the aid of scooters. She urged the Commission consider how important the sidewalks are to the disabled and the positive impact increased accessibility has on their safety and quality of life. Mr. Dave Robinson, 24 Sycamore Circle, stated his children have attended Ormond Beach Middle School, and it is a miracle a child has not been hit on this street. He stated when the school was built, provisions were made for sidewalks south and east of the school, but Northbrook and Oak Forest subdivisions did not yet exist. Mr. Robinson urged the sidewalk be built. Ms. Pamala Saward, VOTRAN, indicated that VOTRAN mobility managers are certainly in support of infrastructure that assists in facilitating the movement of pedestrians, transit users, and cyclists. Ms. Saralee Morrissey, Director of Site Acquisition and Intergovernmental Coordination for the Volusia County School District, supported the construction of the sidewalk, particularly in light of its location and connection with the Ormond Beach Middle School. She stated many children use the streets and sidewalks for walking and bicycling, and this sidewalk would address a safety issue that has been previously recognized. Ms. Morrissey reported she is this year’s chairman of the Metropolitan Planning Organization’s (MPO) Technical Coordinating Committee and is very impressed Ormond Beach has acquired, and is implementing, a Sidewalk Master Plan that shows significant vision. She stated pedestrian and bicycling issues have become a priority at the MPO level, and it is their intention to incorporate a master plan into a pedestrian element of its transportation plan. Ms. Morrissey urged the Commission to continue with the implementation of the very good program the City has established. Mr. Al Zappi, 946 Northbrook Drive, indicated that no one would oppose this sidewalk if there was a need, but this has not been addressed. He stated the issue is not landscaping problems. Mr. Zappi advised who would be better to judge the need than those who live in the area, and the residents are saying it is not needed. He urged the City Commission not to build the sidewalk. Mr. Hassan Saboungi, Saboungi Construction, indicated his firm will be the general contractors who would be constructing the sidewalk project. He stated his firm has done many projects for the City of Ormond Beach, and every project is approached with the goal of keeping the residents and business owners satisfied with minimal disturbance. Mr. Saboungi noted that whether there is a need or not is not his concern, but he wishes to assure everyone who is concerned regarding the way the project will be done that his firm will do timely, quality work. Ms. Judy Zappi, 946 Northbrook Drive, noted she walks and bikes up and down Beach Street to Granada Boulevard. She stated Beach Street has a greater need for sidewalks, and sidewalks should be installed on Beach Street before considering Northbrook Drive. Ms. Zappi indicated the sidewalk in front of Ormond Beach Middle School is inadequate and should be improved. She recommended more studies be made and delay the Northbrook sidewalk. Mr. Cliff Martin, 934 Northbrook Drive, stated for 21 years there were no major problems and agrees there is no need for a sidewalk now. He pointed out that the sidewalk on Beach Street was torn up three (3) or four (4) times in the past three (3) or four (4) years for various reasons. Mr. Martin noted that if the residents had known sidewalks would one day be installed, they may have chosen to set their houses further back to accommodate the sidewalk. Police Chief Larry Mathieson advised the research from the National Highway Safety and Traffic Administration show children and the elderly are most frequently injured and the most at risk in pedestrian accidents. He stated both of these groups are well represented in Ormond Beach and in the Northbrook Subdivision. Chief Mathieson quoted between 1994 and 1998, Ormond Beach has averaged 15.6 pedestrian accidents per year and although only one (1) accident happened in the Northbrook section, the problem and potential for a problem still clearly exists. He stated accidents occur without warning anywhere. Chief Mathieson indicated police and public safety professionals focus on prevention. He explained sidewalks are installed with the intent to move pedestrians from the street to the sidewalk reducing their exposure to accidents and injuries. Chief Mathieson named numerous agencies that recommend the use of sidewalks as a major component of a coherent traffic safety strategy for pedestrians. He stated that professionally, based on 25 years of law enforcement experience, there is no doubt that sidewalks enhance the overall safety level of the community. Chief Mathieson stated that statistics show when sidewalks are installed, they are used, and they reduce exposure to a number of injuries in the community. He stated that the possibility of a tragedy occurring in any particular neighborhood may be statistically remote; however, he urged all that can be done should be done to assure this never occurs in Ormond Beach. Ms. Tina Share, 1317 Overbrook Drive, indicated Mr. Edgar Scott, Ormond Beach Middle School, had to leave and asked Ms. Share to make some statements regarding this issue. Mr. Scott stated it is very important the sidewalk be extended. He pointed out there is a blind curve in the road where cars come at excessive speeds causing a safety hazard. Mr. Scott challenged the Commission to witness what happens when school is dismissed. Ms. Share read a letter from Ms. Pattie Labbe, Ormond Beach Middle School, PTSA President for two (2) years, which encouraged the Commission to vote in favor of progressing with the sidewalk through Northbrook leading to Ormond Beach Middle School. Ms. Labbe noted she has observed many children coming to the school by way of Northbrook with bicycles and on foot. She stated the width of the street does not allow for safe passage of these children, causing near misses. Ms. Labbe continued that the sidewalk would eliminate the danger for these children and urged their safety be the Commission’s first priority. Ms. Share presented a petition signed by 95 residents urging the construction of the sidewalk. Ms. Share explained that during the Wilmette/Nova Road project, most Trails residents objected but later realized they were wrong and said so, and she contended this project will have the same result. She stated sidewalks are an amenity and enhancement. Ms. Share related that City staff went through an intricate process for each project in the Master Plan. She noted the City Commission spent $20,000 to hire consultants for the study; the engineering design cost $236,700; the construction bid was awarded May 19, 1999; and 12% of these costs relate to Northbrook Drive. Ms. Share stated $11,700 to be negotiated as a loss from lump sum pay, and the City could have $100,000 liability exposure if an accident were to occur after deleting this project. She noted this is a waste of City resources and jeopardizes future improvements and citizen safety. Mr. Gordon Currie, 1 Cypress View Trail, asked if this project is on City right-of-way; whereby, Mayor Hood answered affirmatively. Mr. Currie stated then there should be no argument, and he should call the question. Mr. W.C. Rumfelt, 925 Northbrook Drive, indicated that the VOTRAN representative spoke about accessibility. He recommended if VOTRAN would run the bus all the way down Beach Street, it would increase accessibility. Regarding safety, Mr. Rumfelt stated the mere existence of a sidewalk does not make it more safe. He stated Beach Street has a sidewalk/bike path, and bicycles ride in the street anyway. Mr. Rumfelt noted there is a sidewalk that extends from Beach Street to Domicilo Avenue to the school, which would be an easier route to take than around the curve on Northbrook Drive. He stated there are other areas in Ormond Beach where smaller children need sidewalks to be make safer before Northbrook is considered. Mr. Mike Stiegel, 921 Northbrook Drive, noted that the grass strips between the sidewalks and the road on Ridgewood Avenue are not maintained; cars are parked on the strip; and it has become an eyesore. He stated Northbrook residents take good care of their property, and his main concern is Northbrook will look like Ridgewood Avenue in the future if the sidewalk were built. Mr. Stiegel recommended that if a sidewalk is approved, he urged the Commission to consider a raised curb. Commissioner Gillooly noted that the people who signed the petition supplied by Ms. Share are not directly impacted by this sidewalk. He stated no one cares more about safety than he, but the emotional arguments do not withstand cold, objective scrutiny. Commissioner Gillooly noted he spent hours in the neighborhood investigating the contours of the road, speaking to the residents, and watching the minimal traffic. He asked if a precedent has ever been set to not build sidewalks in places they were scheduled to be built. Commissioner Gillooly recollected a decision to forego placing sidewalks on A1A. He advised citizens should have a legitimate voice in determining the outcome of those decisions which impact the quality of their lives. Commissioner Gillooly indicated this will not set a precedent since each case should be determined on a case-by-case basis. He stated in this case he does not see a dangerous situation and will vote "no" for sidewalks. Commissioner Gillooly moved, seconded by Commissioner Boyle, to delete the Northbrook sidewalk from the plan previously approved. Commissioner Boyle advised that he agreed the decision of where to place sidewalks should be depoliticized and decided by consultants, and he certainly does not want children in danger; however, according to the petition received at the last meeting, of the 45 homeowners who were contacted, 44 oppose the sidewalk. He stated who can better testify to the safety of a street than the people who live there. Commissioner Boyle challenged the proponents to collect 15 to 20 of those homeowners to change their position; then he would vote for the sidewalk, but he noted there are more critical needs in Ormond Beach. He explained the cost of the raised curb on one side of the street would estimate $60,000, and it would not match the other side of the street aesthetically. Commissioner Boyle reported residents pleaded with the Commission for a sidewalk on Orchard Street. He stated under the leadership of Mayor Hood, the Commission extended the tax period two (2) years in order to accelerate the sidewalk on Orchard Street. Commissioner Boyle recommended taking the funds for this sidewalk on Northbrook, where no on wants it, to go to Orchard Street, where there is a critical need now. Commissioner Boyle stated the A1A sidewalk had the number one priority; however, the problems with the golf course and right-of-way dropped the priority level because the City combined the priority with the cost; and in this case, the cost was so prohibitive, the project is now number 32. Commissioner Boyle asked the residents concerned about the safety of children for assistance in moving the poles on the beach. He stated he is in favor of deleting this project; and possibly, if at some future time homeowners may want the sidewalks or another Commission may see a need for the sidewalk, it can be built at a later date taking care of the more critical projects first. Commissioner Persis expressed agreement on the need for the A1A sidewalk and absolute support for the Sidewalk Master Plan. He stated this is a public right-of-way to be used for all the public. While he understands the local residents’ concerns, Commissioner Persis stressed Commissioners are to be concerned for the entire City’s residents, not a small segment of the population. He asked Ms. Sloane the width of the sidewalk; whereby, Ms. Sloane answered the standard Land Development Code sidewalk is five (5’) feet wide, and for handicap accessibility, it can be as small as 42 inches, but a five (5’) foot sidewalk is proposed. Commissioner Persis asked the distance between the sidewalk and the street. Ms. Sloane answered the sidewalk would be located three (3) feet from the back of the curb where there are no obstacles, and where obstacles exit, the sidewalk would meander around the obstacles. Commissioner Persis noted the concern the residents have that the grass strip will not be properly maintained. He asked how the residents can be assured these strips will be maintained; whereby, Ms. Sloane noted that the condition of the strip of grass in most parts of the City is consistent with the condition of the yards. She pointed out that there are some areas, where there are limited driveways where the strips are used for parking, but Northbrook has adequate driveways and this problem is not anticipated. Commissioner Persis repeated there is a need for the sidewalk and the Commission should continue to pursue funding the sidewalk as the Commission agreed to do on May 18, 1999. Commissioner Irvin stated statistics show walking and biking are healthy, and the City needs to make provisions for these activities. She recommended the City reevaluate the priorities, but the pros outnumber the cons, and she favors the sidewalk. Mayor Hood clarified that the motion is to delete the sidewalk, so a "yes" vote would be to delete the sidewalk.
Item #10(D) - Save Our Seniors Legislation Commissioner Persis expressed appreciation to staff for the background information supplied. He stated the City Attorney would need to present an ordinance to proceed with this legislation. Commissioner Persis made a motion, seconded by Commissioner Gillooly, to ask the City Attorney to prepare the proper ordinance to pursue the Save Our Seniors Legislation for the next taxing year.
Item #10(E) - Florida League of Cities Annual Conference Appointment Commissioner Boyle, seconded by Commissioner Persis, nominated Commissioner Irvin to be the voting delegate. Commissioner Irvin declined the nomination. Commissioner Irvin, seconded by Commissioner Persis, nominated Commissioner Gillooly to be the voting delegate.
Item #10(F) - Riverside Drive Construction Mayor Hood advised he had several people requesting the City postpone doing the specific changes outlined. Commissioner Boyle noted there has been a great deal of opposition to this plan and questioned if the City ever informed the residents what was planned and why in addressing their safety concerns. Ms. Sloane advised she attended both public meetings, the first on January 7, 1999, which was an informational meeting to find out what the residents wanted, and the second meeting held on March 31, 1999, to explain the plans the consultants and staff recommended. She stated that at the conclusion of the March 31, 1999, meeting, there was some concern over having a plan implemented that would close the road, but staff put forward the plan they devised. Ms. Sloane noted the residents were also sent a letter notifying them of the specific construction and time frame involved. Commissioner Irvin asked how far the stripes will extend; whereby, Ms. Sloane explained the stripes will start at Casements Drive and extend to Fluhart. Commissioner Irvin reported she has not received any calls from the residents of Riverside Drive; therefore, she assumes they are pleased with the plans. Mayor Hood asked if anyone wished to make a motion to stop the construction plans. Hearing none, Mayor Hood advised there is no need to proceed further. Item #10(G) - Daytona Beach/Ormond Beach City Commission Joint Meeting Commissioner Gillooly asked if any progress has been made to set up a committee; whereby, Mayor Hood advised it is essentially up to Daytona Beach if a committee is to be established. Mr. Miller explained the Ormond Beach City Commission unanimously committed to try to resolve the issues by setting up a committee, but there appeared to be a split Daytona Beach City Commission decision on that issue. He stated Daytona Beach is still unwilling to consider any type of split regarding the equitability of the Aberdene trade. Mr. Miller stated the water and sewer demand, the assessed valuation, and specific area are all items that must be considered together. He stated whether the committee would consist of staff, or be composed of staff and representatives of the respective City Commissions, was not determined. Mr. Miller recommended meeting with staff from Daytona Beach, coordinated through the City Manager’s offices, to derive three (3) or four (4) alternate solutions which are solutions that are not recommended, but may be acceptable solutions to be considered by both City Commissions. He stated if none of these solutions are accepted by both City Commissions, then the issue will have to go to the Court to be resolved. Commissioner Boyle noted the most fruitful suggestion to come out of the meeting came from Commissioner Cherry and Mayor Hood, which was to set up this committee, and it was unanimously approved, yet immediately following the vote Mayor Asher made the comment it was a great idea as long as whatever solution was arrived at did not involve anything less than the full annexation of the entire parcel into Daytona Beach. He stated he detected there were four (4) members of the Daytona Beach City Commission who were intransigent on that point. Commissioner Boyle advised Ormond Beach is not ready to give up the entire Interstate front footage to Daytona Beach, but is willing to compromise; therefore, he fears Ormond Beach is not going to get to a solution based on what was observed at that meeting, and Ormond Beach needs to use the other option. Mayor Hood reported staff has already spent considerable time on this issue with no conclusion, and so to spend more staff time would be a waste of everybody’s time. He recommended preparing a letter stating that there were several that spoke in terms of having a joint committee meeting of some of the governing body as well as staff to come up with something they could agree to and recommend to the joint commissions. Mayor Hood noted the letter should ask them to please advise as to whether they are going to form a committee or not; and if they answer affirmatively, then appoint the joint commission. If not, he stated then proceed with litigation. He also recommended a deadline be given. Commissioner Persis advised that, while this City Commission left the joint meeting a little disappointed, the points that Don O'Donniley made were giving the Daytona Beach City Commission some information they hadn’t heard previously, and there was a point where a couple of them were possibly thinking a little bit differently. He contended there is still hope that something can be worked out. Commissioner Gillooly agreed with Commissioner Persis that Mr. O’Donniley was giving the Daytona Commission new information, and he agreed that if they would agree to meet, it is possible to hammer out an agreement. Commissioner Gillooly made a motion, seconded by Commissioner Persis, to send Daytona Beach a letter as outlined by Mayor Hood.
Item #8 - Cable Television Customer Service Requirements Mr. Randy Hayes, City Attorney, reminded Mayor Hood Item #8 had not yet been addressed. Mayor Hood stated Item #8 is his requested item; and due to the late hour, he will move it to the next meeting because this item needs to be thoroughly discussed. (Item #7(A) - Gardens of New Britain) Commissioner Irvin revisited Item 7(A). She stated while it will not change the outcome of the vote, she asked the record show that she has rescinded her "no" vote which will make it a 4-1 vote. The City Clerk advised the vote had been three (3) to two (2) in favor of allowing the gate. Since there would be no change in the outcome of the vote and hearing no objection from the Commission, the Mayor agreed to the change. Item #11 - Audience Comments On Agenda Items There were no audience comments. Item #12 - Reports, Suggestions, Requests Temporary Closing of Riverside Drive Commissioner Boyle stated that at the June 1, 1999, City Commission meeting, a resolution was passed closing Riverside Drive on June 5, 1999, from 6:00 PM to 9:00 PM, but the street was actually closed at 3:30 PM. He stated he spoke to Mr. Alan Burton, Leisure Services Director, who assured him this will not happen again. Commissioner Boyle expressed concern that when the City Commission passes resolutions closing a street for a certain time, that is what should be done. He asked for a report assuring the Commission this will not occur in the future. Advisory Board Conflict of Interest Commissioner Boyle advised that at a recent Development Review Board meeting, he witnessed a member of the Board vote on certain items, and in the same meeting, represent an applicant on another item. He requested a report from the City Attorney as to whether this type of action is acceptable; and if it is not, he asked this situation be remedied. Memorial Gardens Commissioner Irvin reported the ponds at the Memorial Gardens are in dire need of refurbishing. Beautifying US#1 South Commissioner Irvin stated Holly Hill is becoming beautiful, and Ormond Beach needs to consider beautifying, US#1 south as well. Van on Sandcastle Drive Commissioner Gillooly questioned the status of the report regarding the van at 112 Sandcastle Drive which was to be recommended in this City Commission packet. Mr. Ted MacLeod, Public Works Director, stated it is in the Code Enforcement process, and staff is still working on this problem. Three Chimney’s Project Commissioner Gillooly reported the City Commission was to vote on a resolution in support of the Three Chimney’s Project at this meeting; whereby, Mr. Lipps stated the Historical Trust agreed this item could be postponed to the next City Commission meeting agenda. Feasibility of Control Tower Commissioner Gillooly asked when the agreement for the feasibility study of the control tower at the airport will be brought back to the City Commission. Mr. Fred Baughman, Economic Development Director, indicated he received the scope of work from the consultant, which has been revised. He reported this will be on the next agenda. Trash Pick-up Problems on Chardon Road Commissioner Gillooly asked if Mr. Thompson’s complaint regarding trash pick-up on Chardon Road had been addressed; whereby, Mr. Ted MacLeod, Public Works Director, advised these problems have been addressed to Mr. Thompson’s satisfaction. Item #13 - Close The Meeting The meeting was adjourned at 10:38 PM. |
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