Orange City will repair private roadway out of safety concerns

Article Courtesy of  The Daytona Beach News-Journal

By Katie Kustura   

Published January 9, 2020

  

ORANGE CITY — Governments and private streets don’t merge much these days — when a restricted roadway needs repairs, it’s up to the property owner or respective homeowners’ association.
 

But with neither working out on Kentucky Avenue, the City Council unanimously voted to have the city come to the rescue out of concern for residents’ safety.

Fixing the sidewalk and repairing the potholes, as well as replacing the collapsed drainage pipes that have caused the potholes, will cost $68,750, City Manager Dale Arrington told the council.

“For 30 years, it has been a private road that has not been maintained,” Arrington said. “And now you’re having to figure out a way to deal with that because nobody else can.”

The city has been unable to coordinate getting the work covered because there are multiple property owners, some of whom don’t live in the area.

Arrington emphasized that the repairs would be a temporary fix.

“We have not done a long-term engineering study as to what needs to be done to correct the problem on a permanent basis,” Arrington said.

Kentucky Avenue falls in the district of Councilman Jim Mahoney who felt they were dealing with competing principles: the obligation to provide public safety safety services versus the use of public funds for private road maintenance and repairs.

Dead Palm fonds fill a large recurring pothole on the eastern side of South Kennedy Avenue in Orange City.



“I object to the use of public funds on private property, just as everyone does, but I think our obligation to provide these services trumps that objection,” Mahoney said during the Dec. 10 council meeting.

Councilwoman Kelli Marks, who said she visited the site, agreed that the primary concern is residents’ safety.

“If we need to do a temporary fix, I think that’s a good idea, to get things started at least until we can come up with a solution to the problem,” Marks said. “That may take 20 years, but at least we can do something to show that we do care about public safety.”

The councilwoman’s comments garnered applause from meeting attendees, some of whom live in communities located off Kentucky.

Doris Powell addressed the council on behalf of the homeowners’ association for Country Village, a manufactured-home community for seniors. She also gave the council a petition with 300-plus signatures from residents asking for the city’s help in fixing the roadway.

“It’s the only entrance and exit that we have, and as you know, your police and fire use it all the time,” Powell said.

Orange City resident Steven Sanders spoke against the city paying to fix the problem out of concern that a similar situation could occur again in the future.

“I know there’s 300 signatures, but there are more than 300 people in this city,” Sanders said. “I definitely agree safety is important, but where do you draw the line?”

It wasn’t immediately clear when the work could start as the city will need to obtain temporary construction easements from the respective property owners.

Arrington said in the future, the council can consider levying a special assessment tax on the area that would help finance issues such as this.

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