Commission Minutes 1-2002

1. Bills in the amount of $15,112.62 (12/14) and $28,301.41 (1/3) were approved for payment.

2. Ordinance 2001-11, establishing a deferred compensation plan, passed on 2nd and final reading.

3. Resolution 2002-01, supporting passage of SB 100 and HB 141 to increase funding for the Transportation Disadvantaged Trust Fund was passed.

4. The City Commission authorized the appropriate city officials to execute the Mutual Aid Agreement with the county’s Sheriff’s Office.

5. Mr. Rich Tamburro, of 160 Barbe Street, will address the Commission regarding potential liabilities facing the City and reasons to proceed with the motion to dismiss the pending bed and breakfast lawsuit.

Mr. Tamburro approached the podium and indicated that he wished to protect the quality of life enjoyed by many Lake Helen citizens. He noted that he had received numerous phone calls regarding the current bed and breakfast litigation and that he had been designated as a representative to present the viewpoint of opponents to settling this issue out of court.

Mr. Tamburro disseminated a document he had prepared to the Commission entitled “Potential liabilities from conflicts with the Lake Helen Comprehensive Plan”. In his attempt to illustrate the seriousness of the situation he also provided commissioners with a newspaper article about a land use challenge which reported that an apartment complex in the South Florida community of Jensen Beach had violated local growth rules. He noted that even though its development had been approved by the city commission, judges had ordered that the complex be demolished because it violated the City’s Comprehensive Plan. He commented that it appeared in cases of land use disputes, that the court system sympathized with residents as opposed to developers. He also noted that Comprehensive Plans were typically sympathetic to residents as well, promoting quality of life over individual rights.

Mr. Tamburro indicated that the document he had presented to the Commission was information he had taken directly from the City’s Comprehensive Plan. He noted that one of the theories behind the presented information was that allowable uses as defined in Comprehensive Plan (land use) disputes utilized a settlement procedure similar to the Harris Act. The settlement procedures outlined in the Comprehensive Plan allowed certain types of negotiations to occur and negotiation procedures which were not adhered to could be challenged in court.

Mr. Tamburro noted that page 23, paragraph D of the Comprehensive Plan indicated that growth was designated to occur from the center of town and expand outwards. This particular item, he noted, was consistent with the previous Commission’s decision to place bed and breakfast establishments in the Mixed Commercial Land Use District, located in the center of town. He also commented that the zoning classification for residential districts was termed “dwelling units” which did not include rental units, boarding rooms, etc.

He also noted that page 34 referred to negotiations of compensation, which should be performed through judicial proceedings.

He commented that page 21 referred to land use regulations enacted by the City which should incorporate standards to ensure stabilization of neighborhoods through the elimination of incompatible and non-conforming land uses.

Mr. Tamburro stated that the City’s disregard of the aforementioned items would subject the City to potential liability. He noted that the City’s allowance of spot zoning would also subject the City to potential liability. Mr. Tamburro referred to pipeline issues when he noted that this issue was defined when the Gateway Corridor Standards were adopted and indicated that in order to have been “in the pipeline” and therefore not subject to an adopted ordinance, an individual must have presented development plans to the PLDRC as a concept plan development review request.

Mr. Tamburro then reviewed real estate law noting that if it could be demonstrated that a bed and breakfast establishment in a residential neighborhood impeded a homeowner’s ability to sell his/her residence, then that homeowner was entitled to seek relief from the City Commission under the Harris Act.

Mr. Tamburro lastly noted that he felt that Comm. Long and Comm. Finn should abstain from voting on bed and breakfast issues as they could reap personal gain from the result of a vote on this issue. He noted that many residences could not be converted into bed and breakfast establishments due to their small size (averaging 5.4 rooms), noting that the size of Comm. Finn’s and Comm. Long’s residences allowed them an advantage over the average Lake Helen household.

Mr. Tamburro ended his discourse by explaining that he felt that the previous Commission had rendered the correct decision by allowing the court system to decide the outcome to this issue. He noted that a hearing for dismissal would utilize an arbitrator at minimal cost to the City. He indicated that he would follow through on his desire to have the City adhere to its Comprehensive Plan and would utilize the services of the legal profession to achieve this goal, if necessary.

6. It was the consensus of the Commission to direct the City Attorney and the City Administrator to draft an ordinance regarding off-premise signage and include the exemption of agricultural signs to this prohibition as a provision of the ordinance.

7. The Commission directed city staff to develop a non-smoking policy prohibiting smoking in city buildings and conveyances effective immediately and that this policy should become a provision of the City Employee Manual.

8. Atty. Groot reported that the Volusia County Legislative Delegation will be meeting in Tallahassee next week and that discussion of the local bill for the City’s Charter will be an agenda item. He noted that individual meetings were currently being scheduled with legislatures for discussions relative to the bill.

9. Mayor Shuttleworth, by consensus, was appointed to serve as Lake Helen’s representative on the Volusia Water Alliance Board with Comm. Long as alternate.

10. Approximately five applications for Code Enforcement Hearing Officer had been received and Mr. Findell noted that a Special Meeting to discuss the applications could be established.

11. Mayor Shuttleworth reported that the City had prepared a rough draft ECHO grant application for the construction of an equestrian facility on property owned by the City on Pleasant Street, which would be submitted to the ECHO committee for a technical review. He noted that the deadline for the submission of the final grant application was February 8, 2002. He stated that the approval of the grant application would be an item for discussion at the next Commission meeting so that neighbors of the proposed facility could appear before the Commission to voice their concerns.

1. The Commission approved payment of the bills in the amount of $15,172.02 from the General Fund and $51,463.83 from the Utility Fund for a total of $66,635.85.

2. Historic Preservation Board: Mr. Jim Crenshaw approached the podium and indicated that a complaint had been made concerning one of the historic buildings. It appeared that electrical work had been done without a Certificate of Appropriateness. He indicated that the violation was considered minor and did not warrant any action to be taken.

Mr. Crenshaw said that the board had decided to have a form created that could be disseminated to persons contemplating renovation of a historic building. The form would display Historic Preservation Board members’ names and telephone numbers for people to call to discuss the renovation contemplated thus avoiding future incidences such as this.

Mr. Crenshaw indicated that the Historic Preservation Board desired to promote historic preservation throughout the community of Lake Helen utilizing the assistance of Pat Chadwick, editor of “The City Observer.” She will publish articles highlighting a historic home each month.
He continued that board members have been doing some research on the sign issue within the Historic District.
Mr. Crenshaw indicated that the Historic Preservation Board would be meeting on a monthly basis.

3. Parks & Recreation Board: Chairperson Barbara Snowden approached the podium and stated that the bathrooms for Lake Macy Park project should begin soon with the intention of completing the entire project this summer. Ms. Snowden suggested that volunteers would be appreciated.

Ms. Snowden said that the Parks and Recreation Board was supporting the Water Festival scheduled for January 19th in Cassadaga and hoped that everyone would attend.

She indicated that a guest speaker would be at the February or March meeting concerning swimming pools. She explained that the board is studying the feasibility of having a swimming pool in Lake Helen in the future. She introduced board member Jane Crenshaw as the person working on the feasibility of a swimming pool in Lake Helen.

Chairperson Snowden commented about the Trail Ways project and indicated that eventually there would be 80 miles of trails.

4. Seth Miller said that he would like to organize this year’s Lake Helen Day as his Eagle Scout project. He explained that Lake Helen Day was an event where neighbors sign up to help neighbors and other neighbors sign up for work they need assistance with. This event builds community spirit.

Mr. Miller said that he will place sign-up sheets with religious organizations, at City Hall and other places in town. He will organize groups to go to specific areas to work and will also; participate in the clean-up activities.

Mr. Miller requested the city’s support and assistance with this project. He requested contractor garbage bags, dumpsters to deposit debris and an area to dump old car parts, etc. He also asked permission to utilize City Hall’s parking lot for groups of volunteers to meet at 9:00 AM on Saturday, March 9th. Mr. Miller requested support in advertising Lake Helen Day on the bulletin board.

Mr. Miller asked audience members to sign up for help if they need it and to also please sign up for help if they were able to donate their time to the project.

Mayor Shuttleworth stated he felt this was a great project that benefits the city and the people who live in it. He noted that Waste Management donates the dumpsters to help the community.

The mayor then asked the Commission for a consensus. The consensus of the Commission was to support Seth Miller with this project.

5. City Engineer Steve Provost approached the podium and indicated that the bids for the McKenzie Road Water Main Interconnect had been received by January 10th. He indicated that eight bids were received with Florida Contracting Company, Inc. providing the lowest bid of $169,720.71. This firm is located in Osteen. Florida Contracting Company, Inc. was approved by the Commission to commence work on the project.

6. The Commission voted to permit reconstruction of Patch’s Garage in compliance with all applicable codes upon verification that repair costs will not exceed 35% of the total appraised value of the structure.

7. The Commission adopted Resolution 2002-02, providing for the vacation and disclaiming of the rear lot alleys access pertaining to the Victoria Park DRI.

8. The Commission approved Ordinance 2002-01, providing for the City’s code enforcement on first reading.

9. (This item is covered through the mayor’s article on page 1. However, I thought I’d add some of the key comments at the meeting by Mayor Craft and Comm. Finn.)

Mayor Craft stated that when he was mayor the Commission attended a county meeting about the proposed trail system that proved to be very interesting to everyone. He indicated that there had been a lot of hard work performed by city staff and county staff on this project.
Mayor Craft explained that all facilities through-out Volusia County are used amicably by everyone. Deltona residents use facilities in Lake Helen just as Lake Helen residents use facilities in DeLand and DeLand residents may use facilities in Daytona Beach.

He indicated that the WVSC is in a dangerous area and that there were problems at that location in the park. He noted that when the WVSC was using the arena, it was difficult for others to use the park. He stated he felt that the equestrian center was an excellent idea.

Mayor Craft agreed with Mayor Shuttleworth that the proposed equestrian facility would not be utilized 24 (twenty-four) hours a day, 7 (seven) days a week. He indicated that the WVSC would probably only use it twice a month but less or not at all during the summer.

Mayor Craft indicated that many years ago when he was a Commissioner, the property was zoned for multi-family housing and suggested that he wouldn’t want to see that happen in the future.

He expressed his approval for the trail system and plans to ride his horse all the way to New Symrna Beach when the trails are completed.
Mayor Craft stated that he would be proud to have Lake Helen a part of the trails head.

Comm. Finn suggested that the Commission should be sensitive to the needs of the community and the neighbors. He added that the city should also pay attention to the infrastructure but that if the city were able to spend $25,000 to build a $300,000 multi-use facility; there would be nothing that would come near to receiving such a return for that kind of investment. It’s a tremendous investment.

Comm. Finn stated that a project such as this multi-use facility will raise the land values in the city over- all which would in turn encourage developers to build nicer homes. It would increase the value of the city in general and this should be considered.

MOTION by Comm. Finn to support the construction of a proposed equestrian/multi-use facility and trailhead for the proposed Volusia County trail way system to be located on the City’s ten acre property on Pleasant Street with three hundred seats and a pre-PLDRC public workshop. SECOND by Comm. Long.

MOTION carried three to two with Commissioners Cherry and Snowden voting against the project.

MOTION by Comm. Long to approve the submittal of an ECHO grant application requesting funds to construct an equestrian/multi-use facility on Pleasant Street with three hundred seats and a pre-PLDRC public workshop. SECOND by Comm. Finn.

MOTION carried three to two with Commissioners Cherry and Snowden voting against the project.

MOTION by Comm. Finn to approve the expenditure of $25,000 contingent upon the approval of the grant towards the construction of an equestrian/multi-use facility on Pleasant Street with three hundred seats and a pre-PLDRC public workshop. SECOND by Comm. Long.
MOTION carried three to two with Commissioners Cherry and Snowden voting against the project.

10. Mayor Shuttleworth indicated that the revised Charter Bill was submitted to the Volusia County delegation in Tallahassee. He suggested that there was a unanimous vote to support the proposed Charter. An additional meeting was scheduled with ?? to discuss any concerns he might have.

The mayor said that the delegation has voted to introduce it as a local bill to the general legislature for a vote that may not happen for awhile due to the legislature’s heavy schedule.

11. RE: History Festival: Mr. McCray approached the podium and informed the Commission that the parade route would be the same as the 4th of July parade route and would last about an hour. Chief Chester estimated the cost of police officer support would cost between $50 to $70. This will be paid by Boy Scout Troop 544. The parade will lead off with horse drawn carriages featuring Bill Dreggors as Henry DeLand, the mayor and city commission, a civil war era band followed by local area bands and anyone else that would like to be in costume. Pat Chadwick is coordinating local area businesses and vendors for the event. Restroom facilities will be provided by Knight Jon Boy including a handicap unit.

Mr. McCray said that general admission would be handled on site with the public access from Ohio Avenue. General admission is $5.00 per person, $3.00 under twelve years of age and students who attend on Friday, April 26 will enter free with a paying adult. This will entitled them to tour the civil war camp sites, observe demonstrations of civil war life and visit the vendor’s sites. Vendor sites will be available for Lake Helen residents at $10 for both days, non-residents will be charged $25 for both days.

The public will be able to watch the one hour battle at 2:00 PM on Saturday and Sunday from the side walk area that parallels Prevatt Avenue. The area will be roped off to prevent the public from entering the battle field. The property will be closed to the public in the evenings at 5:00 PM. Parking will be available on-site and in the field across Ohio Street. Insurance will be provided by the Boy Scout Central Florida Council Office. A paramedic unit will be on site plus there will be doctors and nurses participating in the even.
The event is sponsored by Boy Scout Troop 544 of Orange City and American Legion of Lake Helen.

12. Mr. Findell noted the Police Officer Patrick Clarino had been certified for both Code Enforcement and Animal Control. He added that Officer Clarino is participating in additional in-field training with the Volusia County Animal Control staff. The intention is for Officer Clarino to fully take control of Animal Control and Code Enforcement responsibilities in March.

13. Mr. Findell commented that the land is being cleared for the new fire station on Main Street.

14. Mr. Findell reminded the Commission that city staff had advertised for the position of Code Enforcement Hearing Officer and had received seven proposals. He suggested that the Commission set aside an evening to review the proposals and decide if they would desire to choose from the proposals or hold interviews with the applicants.

Mr. Findell noted that the city had received a number of applications for occupational licenses. He indicated that it was his responsibility to ensure that they are in compliance with codes and in compliance with the zoning district in which they are located. He suggested that there were less than a dozen applications that possibly may have existing or potential problems. Mr. Findell requested a Special Meeting with the City Commission and City Attorney to discuss the issues and get direction as to how the city should proceed with the applications.

Mr. Findell suggested a Special Meeting to review the Code Enforcement Hearing Officer applications and a review of certain applications for occupational licenses.

The date and time of Monday, February 4th, at 5:30 PM was agreed upon.

15. Mayor Shuttleworth mentioned a possibility of the city applying for another grant in the near future for restoration of Hopkins Hall. He indicated that Hopkins Hall was in need of handicap accessible bathrooms, repair of the windows and other issues that needed attention.

16. Ms. Jane Crenshaw approached the podium and announced the Saturday, March 2nd was the Friends of the Library’s Annual Book Fair. She asked if the group could borrow the city’s donation jars to place throughout the city and at City Hall. It was agreed to allow this by consensus.