Commission Minutes 2-2002

1. Bills in the amount of $20,432.94 from the General Fund and $11,437.28 from the Utility Fund were approved for a total of $31,870.22.

2. Katie Stiller, coordinator for the Lake Helen/Cassadaga Water Festival announced that the event provided an excellent turnout. She said that over 200 people signed up for canoe trips on Lake Colby. St. John�s River Management handed out about 250 kits to children plus an additional 200 kits to teachers.

     Ms. Stiller, �We couldn�t have done it without the City of Lake Helen.� She added that the Lake Helen Police Department was at the event and that the Teen Club �was dynamite.�   She then commented on how hard the teens worked and added that the �volunteers were fantastic.�

     Ms. Stiller said that she would like for the Water Festival to be held again next year. She said she feels the event will be much larger in 2003 and added that vendors are already calling to express their desire to be at the 2003 Water Festival.

     She reminded the City Commission that everyone needs to be �environmentally wise,� especially concerning our water systems, with the housing developments beginning to encroach upon both Cassadaga and Lake Helen. The Water Festival is one of the �tools� to educate the people.

     Ms. Stiller then announced she was presenting Mayor Shuttleworth and the City of Lake Helen with a plaque of appreciation.

     Mayor Shuttleworth thanked Ms. Stiller and then presented her with a framed certificate of appreciation for her support, dedication, and �endless hours of work� on the Lake Helen/Cassadaga Water Festival 2002.

     Mayor Shuttleworth stated that many Lake Helen citizens worked diligently on the Water Festival, namely Comm. Finn, Kim Linthicum, Jim and Jane Crenshaw, Barbara Snowden and many others. The mayor then presented a framed certificate of appreciation to Pat Chadwick and The City Observer for the exceptional coverage devoted to the Water Festival.

3. Mr. Benton then announced that on February 12th the PLDRC will begin a series of Special Meetings to address the Comprehensive Plan. The meeting will be held in the conference room at City Hall at 7:00 p.m. A date of March 12th at the same time and place was also set for the same purpose.

4. Chairperson Barbara Snowden announced that on March 12th the board will have a guest speaker, Mr. Leon Bright of DeLand, concerning swimming pools and invited all who are interested to attend.

5. Ordinance 2002-01, providing for enforcement of City Codes, on second and final reading was passed by the Commission.

6. The Commission approved the variance requested by the Volusia County Fire Services Department to allow a reduction in the rear yard landscape buffer area (from 10� to 7�) at the Lake Helen Fire Station site and to adopt staff findings.

7. The Commission approved the acceptance of a matching grant from the St. Johns River Water Management District to reduce stormwater runoff pollutant discharges into Lake Helen Lake. Mr. Findell indicated that the anticipated time table was less than a year once the grant award has been received.

8. Mayor Shuttleworth requested a discussion concerning the 4th of July celebration in Lake Helen. Chief Keith Chester said that he would like to begin working on the 4th of July project through the Teen Program. He indicated that he would like to raise more funds than last year. He suggested the figure of $5,000 for the festival and entertainment plus $10,000 for the fireworks display.

     Mayor Shuttleworth asked the Commission if they would agree to a $15,000 grand total budget for the event, on the temporary basis, giving the mayor some time to see if he could raise some of the funding from other organizations.

     The consensus of the Commission was to approve the mayor�s request with the mayor reporting next month on the progress of raising funds for the event elsewhere.

9. Mr. Groot reported that the Charter Bill is being processed through several committees and he will update the Commission next week.

10. Mr. Findell informed the Commission that the site plan for the Woods of Lake Helen had been submitted. The area this subdivision will cover is from Summit Avenue to High Street and Main Street to south of Pennsylvania Avenue.

     He indicated that Mr. Tony Troy would be appearing before the PLDRC for final recommendation of approval for the Roseville subdivision at their next meeting.

     Mr. Findell said that existing contract for E.C. Kenyon for the Phase I restoration of City Hall cannot be used for Phase II as it was specific for Phase I. Ken Smith�s contract may continue for Phase II and that he is in the process of preparing a proposal for Phase II work.

11. Comm. Long asked Mr. Findell if progress had been made on the Ballard Bed and Breakfast issue.

     Mr. Findell said that he needed to speak with the individual property owners in the neighborhood to get some feed back and needed the Commission�s support. He indicated that he wanted to learn how the property owners felt about how a bed and breakfast could be operated at that location. Mr. Findell said that he would like to be able to present to the Commission the concerns of the neighbors surrounding the property. After that the Commission could provide some direction as to how those concerns would be addressed.

     Mr. Findell indicated that he was going to try to start the interviews next week.

1. Mayor Shuttleworth requested the assistance of the other commissioners in honoring Ms. Robbins for her meritorious service to the City. The Mayor and Commissioners presented Ms. Robbins with a plaque, a bouquet of flowers and a check for $500.00 and praised her work habits and devotion to the City for a period extending over twenty-five years. The Mayor noted that Ms. Robbins� dedication had probably saved the City a vast amount of money over the past twenty-five years. He commented on Ms. Robbins� impeccable memory indicating that, thanks to her, no one with an outstanding water bill to the City ever received water service until the outstanding debt was paid.

     Ms. Robbins thanked the Mayor and commissioners for their generosity.

2. Mr. McCray indicated that the organizers of the History Festival were working together to achieve a harmonious conclusion. He noted that the food service issue was currently being addressed adding that research of State Statutes had indicated that non-profit organizations registered with the State were not required to apply for any additional special permits. He commented that this exemption would not apply to individuals or commercial enterprises. He requested that in light of this determination, a waiver of City permit fees be granted to non-profit organizations who wished to provide food service during the two day History Festival.

     Mr. Findell noted that most of the festival events would be taking place on private property. He also commented that the City had addressed waiving vendor fees in the past, particular during the City�s July 4th celebration. Traditionally, he noted that the Commission had waived vendor fees for non-profit organizations, but had required these entities to obtain a temporary vendor license for operating a vendor service within the City limits. He indicated that he had recommended to Mr. McCray that he appear before the Commission to request a waiver of fees for non-profit organizations to operate vendor services during the History Festival.

     He said that he would supply a vendor list to the City three weeks prior to the event. He indicated that anyone not qualifying as a temporary vendor would have to pay a $85.00 fee to a site operator who could then issue same day certification. He noted that non-profit organizations, church groups and fraternal organizations would only be required to register with the City, with the actual license fees being waived.

     The City waived the transient vendor license fees for established non-profit organizations, church groups and fraternal organizations for the two day History Festival.

3. PLDRC - Mr. Lou Benton, Vice-Chairperson, indicated that the PLDRC meeting of February 12th had addressed City re-zoning concerns. The next meeting would be held on February 25th where discussion would include the possible approval of the Roseville Subdivision plat and the possible approval of a special exception to operate a day care center facility across from Volusia Pines Elementary School. He also noted that the PLDRC had scheduled continued discussion of re-zoning issues for March 12th.

4. Historic Preservation Board - Mr. Jim Crenshaw approached the podium and indicated that discussion regarding historic sign posts for City streets had occurred at the last meeting. He noted that research on this project would probably be finalized during the first part of March.

5. Parks and Recreation Board - Ms. Jane Crenshaw noted that a position on the Parks and Recreation Board was vacant due to the recent resignation of Mr. Basso. She noted that members were currently working on the Lake Macy Park project and stated that she expected the project to be completed before the arrival of summer. Ms. Crenshaw welcomed new Board member Ms. Patricia Todd noting that Ms. Todd bad been tasked with researching park location possibilities in Zone 1. Ms. Crenshaw noted that Mr. Leon Wright, from the Chisholm Center, would be speaking at the next Parks and Recreation meeting regarding issues surrounding the construction of junior Olympic sized swimming pools. She also mentioned that the Friends of the Library would be hosting a Florida Authors Book Fair on March 2nd with assistance from Parks and Recreation Board members. She stated that this event would include readings and lectures from twenty-six authors, a Kid Zone tent and a cafe.

6. MOTION by Comm. Long, SECOND by Comm. Snowden to support the Florida Authors Book Fair as a City sponsored event.

7. Mayor Shuttleworth indicated that the City had received an application from Ebel Productions for a film permit to film a television commercial at 214 South Euclid on Friday morning.

     Chief Chester indicated that he had been in contact with the production company and that he had been informed earlier this evening that production would not occur on Friday due to the inclement weather prediction.

     Mayor Shuttleworth indicated that he wished to address the permit nonetheless in case the film company decided to reschedule the shoot. He noted that film companies at times caused disruption while filming in towns due to noise problems, road closings, etc.. The Mayor stated that the City should receive some financial benefit from these companies because of this disruption. He indicated that the amount received for a permit would be dependent upon the financial condition of the film company involved. He noted that this particular company could afford to pay a $500 road closing permit fee to the City, but that future permit fees would be determined on a case by case basis.

     The Commission granted a right-of-way use permit to Ebel Productions in order to film a television commercial at 214 South Euclid Avenue near the intersection of Michigan and Euclid contingent upon the Police Chiefs approval.

8. Discussion regarding Ballard settlement litigation conditions.

     Mayor Shuttleworth indicated that the City Commission had directed the City Administrator and City Attorney to devise a list of conditions to be used for a settlement negotiation with the Ballards. He noted that the City Administrator had interviewed the Ballards� neighbors to receive input as to what conditions they would like to see included in this agreement. He commented that since this issue was currently in litigation, he would not recognize anyone from the public for comment on this issue unless public input was solicited by another commissioner.

     Atty. Groot concurred with Mayor Shuttleworth noting that tonight�s discussion was devised to be strictly a status report on the direction which had been given to the City Administrator by the City Commission regarding the Ballard litigation.

     Mr. Findell noted that prior to the development of a settlement agreement, he felt it in the City�s and the Ballards� best interests to contact neighbors in the vicinity of the proposed bed and breakfast site to garner input on their conditions for the allowance of a bed and breakfast in their neighborhood. He indicated that he had contacted neighbors immediately adjacent to the proposed bed and breakfast and also residents across the lake from the Ballards. He indicated that people residing across the lake would be affected because noise from the bed and breakfast would be amplified across a body of water. Mr. Findell indicated that the concerns of the Ballards� neighbors if a bed and breakfast was to be located in their neighborhood would allow the Commission to receive as much information as possible in order for commissioners to make an informed decision regarding stipulations for a possible settlement. He noted that it was his intent to present these concerns to the Commission tonight in order to receive further direction from commissioners as to how or if these concerns should be addressed.

     Mr. Findell noted that the primary concerns of the Ballards� neighbors included noise and traffic and parking issues.

     Mr. Findell indicated that he felt that commissioners would need to decide if they wished to address these concerns as stipulations to be included in a settlement agreement. He noted that he had touched on the range of concerns accumulated from approximately eighteen residents.

     Comm. Cherry expressed her dissatisfaction with the approach Mr. Findell had taken in the development of a settlement agreement.

     Mr. Findell indicated that he was directed by the Commission to develop an agreement and was given a considerable degree of latitude in performing this task. He indicated that he felt it would be unfair to the City and to the Ballards to perform this task blindly without first establishing criteria for the proposed bed and breakfast. He noted that he wished to solicit input from those directly affected by the proposed bed and breakfast in order to address those issues as stipulations in the agreement.

     Comm. Cherry stated that she did not feel that it was necessary to survey the neighbors and was annoyed by the length of time this process was taking.

     Mr. Findell inquired as to on what basis a settlement agreement would be devised if no criteria was first established.

     The Mayor concurred that established criteria was necessary prior to the development of a viable settlement agreement.

     Mr. Findell added that it would be more productive for the City to solicit input from the Ballards� neighbors in order for the appropriate stipulations to be crafted into the settlement agreement.

     Comm. Long indicated that he had perceived a greater sense of urgency in developing this agreement than what was currently being followed.

     Mr. Findell noted that the Ballard site was still not yet completed and that due to this, the Ballards were not in a position to have guests occupy rooms. Mr. Findell noted that he had granted the Ballards a conditional certificate of occupancy for their home because they had indicated to him that they needed to vacate their current place of residence. Work needed to be finalized on the stormwater berm for their new residence before a final certificate of occupancy could be issued to the Ballards by the City.

     Atty. Groot recommended that commissioners not try to craft a settlement agreement tonight, but offer direction to the City Administrator as to what criteria they would like to see included in said agreement. He noted that it was not guaranteed that a development agreement would be the tool that would be used in reaching a compromise with the Ballards. He indicated that different elements could be used in a compromise such as an amendment to the ordinance or a development agreement and cautioned commissioners not to lock themselves into any particular element.

     Atty. Groot recommended that commissioners negotiate important issues in a settlement agreement with the Ballards to be determined by Commission consensus issue by issue.

     Mr. Findell noted that half of the people interviewed indicated that noise would not be a concern if the bed and breakfast were to be limited to three rooms with no outside activities allowed. A percentage of those indicated that outside activities could be allowed on a limited basis as long as the activity was concluded before dark or the 10:00/11:00 range. Also people interviewed expressed concern with outside amplification and number of guests attending the outside event. Most said, however, that they would exempt a Fourth of July celebration from the aforementioned concerns.

     Comm. Finn viewed these concerns as two issues: events in general with particular attention being paid to the sensitivity of the neighbors and events which would cause the lake to be used as a giant amplifier. He felt that possibly from yard events and back yard events could be addressed.

     The Mayor noted that parking concerns needed to be addressed when discussing outside events allowed at the Ballards� bed and breakfast.

     Mr. Findell noted that no one interviewed liked the idea of on-street parking.

     Comm. Finn indicated that he was not a proponent of outside events for this area due to the noise ramification that the lake would provide, but he noted that he realized that the Ballards might need to hold an occasional outside event in order for their business to survive. He also felt that the hours for these outside events should be fairly restrictive in consideration of the neighbors.

     Comm. Snowden indicated that he felt the Ballards� hours should correlate with public park hours which were also located in residential neighborhoods. He also commented that the front yard/hack yard idea might not be feasible due to the sensitivity of the neighbors situated at the hack side of the Ballards� residence.

     Comm. Long commented that the hours for the events should be dependent upon the number of events allowed per year.

     Comm. Finn noted that if a large number of outside events were allowed annually, then he felt that this allowance would precipitate a straying from the bed and breakfast concept. He indicated that outside events should remain as a limited ancillary use to a bed and breakfast.

     Mr. Findell suggested that the number of guests accommodated on site could be limited to the availability of parking at the bed and breakfast.

     Comm. Snowden noted that guests could be shuttled from a different off-street parking location to the bed and breakfast for outside events.

     Comm. Cherry felt the allowance of six small weddings/receptions annually was reasonable.

     Comm. Long noted that he was against the use of outside amplification, such as a P.A. system, but that he did not have a problem with the use of canoes on the lake.

     Comm. Finn disagreed noting that this allowance would initiate problems with commercial use of the lake.

     Atty. Groot concurred indicating that allowing the Ballards to let their paying guests use canoes on the lake could be interpreted as a commercial enterprise and would open the door for others to use the lake for commercial purposes.

     Comm. Long felt that the sale of alcoholic beverages should be prohibited.

     Comm. Cherry indicated that she felt that the owner should be required to reside on premises.

     Comm. Long felt that retail sales should be limited to guests only. He questioned the length of stay condition.

     Mr. Findell noted that if owners of a bed and breakfast were not successful catering to short-stay clientele, those owners might elect to cater to long-term clients thereby converting their establishment from a bed and breakfast to a hoarding house. He suggested that to alleviate this concern, length of time for stay of guests should be limited to two weeks to one month.

     Comm. Finn concurred noting that certain exceptions to this rule could be considered. He noted, for instance, that film crews sometimes required a longer stay in order to conclude their film productions.

     As for number of meals served, Comm. Finn commented that this bed and breakfast should remain as such by serving breakfasts only to guests of the bed and breakfast. He mentioned that the exception to this rule would be the service of food to the guests of a special event held at the bed and breakfast.

     Mr. Findell commented that for commercial businesses, screening of the garbage handling site was required by Code.

     Comm. Finn concurred noting that he suggested a limitation be placed on the number of garbage containers and/or the size of the dumpster.

     Mr. Findell indicated that the parking area should be landscaped as it would be for any commercial site with a continuous shrub hedge surrounding the parking area.

     Comm. Finn noted his problem with a paved parking area indicating that this requirement was environmentally unfriendly.

     Mr. Findell responded that either a paved or pervious paved area was required by Code. He stated that it was less expensive for an individual to perform the former, which is why most people opted to pave their parking areas.

     Mr. Findell commented that most of the individuals interviewed requested that a landscaping buffer be placed at the Ballards� property line on Barbe Street. He indicated that he would research the Code to verify exactly what type of buffer would be required.

     Mr. Findell questioned if commissioners preferred the sale of the use to run with the land or be terminated upon conveyance of the property to the buyer.

     Comm. Finn indicated that he felt that the use of the land should comply with the ordinance on record when the sale of the property occurred.
     Atty. Groot noted that it would be very unusual for a land use to be a personal right. He indicated that a use usually runs with the land.

     Mr. Findell concurred but indicated that in this particular situation, the use was not an appropriate land use, but was a condition in the settlement of a lawsuit. Due to this, the land use becomes a personal right and a concession to the individual for the purposes of settling the lawsuit.

     Mr. Findell indicated that he would stipulate in the settlement agreement that the use of the property would run with the individual as opposed to the land and that further discussion could continue on this concern alter the agreement was developed.

     Discussion returned to noise concerns when Comm. Finn questioned what the Commission felt was the definition of an outside event.

     Mr. Findell indicated a common sense perspective on the definition of an outside event would include an activity conducted outdoors involving more than the guests of the bed and breakfast, i.e., weddings, receptions, private parties, etc.. Mr. Findell noted that an important distinction would need to be made between private parties for guests of the bed and breakfast and private parties hosted by the owners of the bed and breakfast.

     Atty. Groot referred to item 9 on the list of criteria suggestions submitted by Ms. Ballard for the operation of her proposed bed and breakfast which stated that uses allowed at the proposed bed and breakfast should include �other activities not listed that are usual and customary to bed and breakfasts�. He commented that a �usual and customary� use was an ambiguous term and recommended that the Commission require specificity as to what activities would and would not be allowed to occur at the bed and breakfast.

     Comm. Finn indicated that he would limit the number of outside events at the bed and breakfast due to the amplification of noise by the lake.
     Mayor Shuttleworth concurred, but asked that these limitations be defined.

     Comm. Cherry queried as to Mr. Findell�s thoughts on this issue.

     Mr. Findell indicated that he felt that twenty to twenty-five people would be unobtrusive in a small neighborhood.

     Discussion ensued as to the number of events to be allowed at the bed and breakfast annually.

     The Mayor passed the gavel to Comm. Cherry and excused himself from the meeting due to illness at 10:00 p.m.

     Commissioners agreed to allow twelve indoor or outdoor events to occur at the bed and breakfast if the guest list was to be limited to twenty-five people per occurrence.

     Mr. Findell noted that activities at outside events should be concluded by sunset.

     Comm. Long felt that one hour after sunset would be an appropriate time to end outside event activities.

     Comm. Finn noted that outside amplification should be prohibited for the courtesy of the neighbors.

     Mr. Findell indicated that he felt that he had sufficient direction after tonight�s discussion to draft a settlement agreement.

     Mr. Findell indicated that City staff had received notice fiom DEP that the City would receive grant funding in the amount of $50,000 to construct tennis courts at Blake Park.

     Mr. Findell stated that the City had received funding from a St. Johns River Water Management District grant to develop and implement a stormwater management project at Lakeview and Main to filter stormwater run-off into Lake Helen Lake. Mr. Findell indicated that County officials had informed him that they were interested in contributing to the cost share of the project and would, in addition, also investigate correcting other problems that were ancillary to the stormwater run-off issue.

     Mr. Findell indicated that a pre-construction meeting had been established for February 27th to discuss the McKenzie Road Water Line Extension project. He noted that, generally, projects commence approximately two to four weeks after pre-construction meetings occur.

     Mr. Findell noted that work had been completed on the drainage problem at Euclid and Clough Avenues. He indicated that neighbors living in the vicinity of the project had expressed their satisfaction with its outcome.

     Mr. Findell indicated that interviews had been conducted for the vacant police officer position. He noted that a consensus had been reached by panel members for the selection of one candidate with several other candidates being recommended for reserve officer positions. Mr. Findell noted that a background check would be performed on the panel�s first and second choices for the police officer position. The position would then be offered to the panel�s first choice candidate contingent upon a successful background check, with the second choice candidate serving as alternate in the event an unsuccessful background check was performed on the first candidate.

     Mr. Findell stated that the City was currently advertising for the vacant Class �C� Water Operator position.

     Comm. Cherry indicated that as a member of the Advisory Board for the West Volusia Hospital in DeLand and as a cancer survivor, she wished to encourage citizens to attend a cardiac screening currently being offered at that hospital. She indicated that the screening was not gender specific and could be performed by appointment at the hospital for only ten dollars.

     Comm. Cherry indicated that she had concerns regarding loitering problems at the Day Care Center and that as a result of these problems, parents were removing their children from the Day Care Center. She indicated that she desired to learn private property loitering laws and how to involve the police in the disbanding of these loiterers.

     Comm. Long noted that Ms. Tina Sonnenfeld was currently undergoing chemotherapy and might appreciate a note from concerned individuals.

     Comm. Long wished to offer a special thanks to Joe Mohr and his crew for the wonderful right-of-way clearing work they performed along Harlan Avenue.

     Comm. Long desired that the City respond to a letter written by Robert Feather regarding planned future development of downtown Lake Helen. He also requested that this letter be disseminated to PLDRC members.