Commission Minutes 4-2002

Comm. Cherry indicated that she would like the Zone 2 report on page 14 to reflect that she had stated that “she had heard that parents were threatening to take their children out of the Day Care Center” due to present loitering problems in that area.

Local Planning Agency (PLDRC) - Mr. Lou Benton, Vice-Chairperson, approached the podium and mentioned that PLDRC members had discussed two items at their last meeting. The first item concerned approval of the Final Development Plan for the proposed Roseville subdivision and the second item concerned consideration of a request for a special exception to conduct a child care business at 465 Kicklighter Road. Mr. Benton reported that the Roseville subdivision Final Development Plan was approved but the request for a special exception involving the child care facility had been denied. Mr. Benton noted that the PLDRC would hold a special meeting on March 12th at 7:00 p.m. to discuss the City’s Comprehensive Plan and land use districts. He also mentioned that the PLDRC’s next regular meeting would be held on March 25th.

Historic Preservation Board - Mr. Jim Crenshaw approached the podium and indicated that the historic street sign and sign post issue would be brought to fruition at the next Historic Preservation Board meeting on March 1 lth.

Parks and Recreation Board - Mr. Jim Crenshaw indicated that the Parks and Recreation Board would have guest speakers from the Chisholm Center in DeLand at the next meeting to discuss swimming pool concerns.

Mayor Shuttleworth indicated that the City’s ECHO grant application would be reviewed by ECHO panelists during the month of March with March 27th being the date for final decision and voting procedures on the twenty-five eligible applications. He noted that representatives from Lake Helen should be at that meeting to answer potential questions posed by ECHO panelists regarding the City’s request for funding to construct an equestrian/multi-use facility on ten acres of city owned property on Pleasant Street. He commented that if the City’s application was approved at this stage, the City would begin to hold meetings to develop a draft site plan which would include traffic and noise considerations of neighbors to the proposed facility. Mayor Shuttleworth noted that a total of approximately 8.2 million dollars was being requested by the twenty-five applicants with grant funds of only 2.4 million dollars available for disbursement. The Mayor indicated that as a result, only 25% of the applicants would receive funding for their respective projects.

Mayor Shuttleworth indicated that Lake Helen Clean-Up Day would be held this Saturday beginning at 9:00 a.m.. He stated that Seth Miller had coordinated approximately sixty volunteers to assist in clean-up projects around the City. He noted that the projects would include painting residences, washing street signs, lawn raking, clearing dead limbs and the removal of unsightly debris from the area. He indicated that volunteers were still needed to assist in this worthwhile endeavor.

The City Commission designated Mrs. Lula B. Cody, Mrs. Dorothy Jones and Mr. Bernard Miles as authorized drivers of the City bus contingent upon receiving copies of the appropriate driver’s licenses and pending a satisfactory driver’s license background check by the Police Department.

They also voted to allow God’s Covenant Mission Center, under the directorship of Ms. Jerutha Hough, to use the City bus for field trips involving the Mission’s Community Seniors Social Club and Youth Outreach Program for one year and to coordinate with the City’s insurance carrier to obtain the appropriate amount of insurance coverage and also agreeing to operate in accordance with the City bus policy contingent upon review by the City Administrator and the Police Chief.

The City Commission voted to waive any City permit fees, if such permits are applicable, for the Blake Memorial Baptist Church Youth Group to host a “Spring Fling Thing” on church grounds to be held on April 20, 2002

The City Commission voted to approve a three percent merit increase for Lieutenant Mike Walker retroactive to October 1, 2001, based upon the positive employee performance evaluation and recommendation from Chief Chester.

The City Commission voted to hire Mr. Scott Owens as a Lake Helen Police Officer at a starting pay rate of $10.53 per hour with a six month probationary period and the execution of a two year equipment reimbursement agreement contingent upon a successful drug screening and finalization of the background check.

The City Commission voted to hire Ms. Sherry Eiland as Teen Program Assistant at a starting pay rate of $7.50 per hour with a six month probationary period contingent upon a successful drug screening and finalization of the background check. MOTION carried unanimously.

The City Commission voted to place three street signs and two street lights in the Lazy Acres subdivision contingent upon the property being made available for the placement of the street signs and street lights.

Discussion regarding the 472 Interchange DRI pre-application project synopsis concerns, as requested by Mayor Shuttleworth.

Mayor Shuttleworth disseminated the pre-application package to the Commission noting that the proposed DeLand/Volusia County/Deltona development would encompass almost 1,800 acres of land just south of Lake Helen and consist of 7,428,674 square feet of light industrial space, 6,795,391 square feet of office space and 3,032,818 square feet of retail space. He indicated that he had copious concerns and had recently discussed these concerns with several of the consultants involved in the proposed project, including Carolyn Shultz and Randy Schleister and Ron Paradise from the County’s staff. He indicated that one of his concerns involved the fact that approximately 100 acres of land would be designated for scrub jay habitat and he had questioned the possibility of appropriating Cassadaga land for this purpose.

The Mayor referred to the accompanying proposed development map noting that territory west of I-4 was fully detailed, while areas east of I-4 had been virtually ignored. He indicated that Cassadaga, with a population of 400, had not even been referenced in the narrative. Also, he noted that the project consultant had mentioned the Orange City Historic District yet had neglected to include the unincorporated community of Cassadaga and the Cassadaga National Register Historical District on the map when it was a mere mile away from the proposed development.

The Mayor also expressed his concern regarding the proposed frontage road from the Deltona service area depicting an arrow pointing north to the unknown, which he had translated as a major threat to the entire western residential area of the Lake Helen/Cassadaga communities.

Mayor Shuttleworth noted that a meeting had been established for next Friday, March 17th, at the Volusia County Fairgrounds, which he and Mr. Findell were planning to attend in order to state the City’s concerns regarding issues surrounding the proposed development.

Comm. Long concurred with Mayor Shuttleworth’s concerns noting that the neglect to include the historic districts of Lake Helen and Cassadaga in the DRI narrative could be considered to be more than just an oversight and indicated that, “We were struck out even before we got to the plate”. He was also dismayed to read in the narrative on page one of the DRI synopsis, “Subsequent to establishing the Areawide DRI, the City of DeLand annexed a portion of the property and by an interlocal agreement consented to recognize the DRI’s master plan and to ensure that any development order issued by the city of DeLand would be consistent with the development order issued by the County”, and “Volusia County, in coordination with the cities of Deltona and DeLand, has initiated an Areawide Development of Regional Impact (DRl) for the Activity Center”.

Comm. Long wished to give the Mayor full support to state the City’s concerns with the Planning Council of the proposed Activity Center.

The Mayor stated that he appreciated Comm. Long’s support indicating that he was strongly opposed to a road being developed from the proposed Activity Center through the west side of Lake Helen. He noted that with the development of this road, the City could bid adieu to the small, quiet community that presently existed. The Mayor expressed his concern for the peripheral development that would occur outside of the proposed Activity Center’s boundaries. He pictured an onslaught of gas stations, fast food establishments and muffler centers, for example, proliferating dangerously close to the communities of Lake Helen and Cassadaga.

Mr. Findell commented that the frontage road would provide access to business activities within the Activity Center and also link centers on both sides of the interstate. He indicated that one way to prevent traffic from traversing through Lake Helen would be to divert the frontage road over the interstate with the construction of an overpass before it intersected Cassadaga Road. He noted that the construction of an overpass at some point south of Cassadaga Road would allow the traffic to circulate within the Activity Center without adversely impacting Cassadaga and Lake Helen.

The Mayor requested Commission consensus to pursue questions regarding the basis for the 472 Interchange DRI pre-application project.

The Commission, by consensus, supported the Mayor in this endeavor.

Discussion of the potential use of the City’s reserve funds, as requested by Comm. Finn.

Comm. Finn indicated that he wished to investigate using a portion of the City’s reserve funds to purchase land within the City’s municipal limits. He noted that the City could then either use this land for future resale, use or control, depending on what purpose needed to be served. He indicated that this idea was based on the assumption that financial returns on property were greater than the financial returns presently being realized from the City’s current savings plan.

He stated that returns on real property tended to be greater than most other investments over time anyway. He mentioned that the City could then collateralize the property in order to have access to reserve funds in case of emergency and, in the interim, would also have more control over land use in Lake Helen.

Comm. Long queried as to the amount of tax revenue which would be lost in the acquisition of land by the City.
Comm. Finn indicated that this lost revenue would have to be considered.

Comm. Long mentioned that he felt that this idea was worth investigating because he noted that land seemed to be the basis for all wealth.

Comm. Finn indicated that he felt that the City should discuss its financial state with a financial advisor in general, but also to garner information regarding his proposal.

Mr. Findell stated that approximately $300,000 of the City’s $600,000 in reserve funds had been placed in a closed account.

Comm. Long suggested that the City could gain access to those funds through a City referendum and then use the funds for financial prospects offering a greater rate of return than what was currently being realized.

Mayor Shuttleworth expressed his concerns regarding the inability to utilize reserve funds tied up in real estate and questioned the City’s ability to respond financially to an emergency situation such as a hurricane disaster with limited cash funds available.

Comm. Finn noted that a collateralization agreement would alleviate the problem of limited access to cash funds in times of emergency.
Mr. Findell noted that currently the interest earned from the $300,000 CD was added to the City’s General Fund on an annual basis to help cover operating expenses.

Mayor Shuttleworth supported the notion of Comm. Finn and the City Administrator meeting to discuss the City’s financial options with a financial advisor.

Mr. Findell indicated that the City could solicit requests for qualifications/proposals to hire a financial advisor noting that it would be in the City’s best interest to have steady financial advice available either on retainer or paid for on an hourly basis when necessary. Mr. Findell noted that the City did not have true municipal finance expertise on staff, stating that although he did have municipal finance knowledge, he recommended that the City seek the advice of someone with specific expertise in that field.

Comm. Long noted that the only financial advice currently given to the City was provided by the Auditor during his annual financial report regarding the City’s financial condition.

Mr. Findell indicated that it would be far more efficient for the City to hire someone who could analyze the City’s financial condition and provide advice as to the best options available in which to invest the City’s finances in order to receive the greatest return.

The Mayor indicated that a more specific issue to be discussed with a financial advisor could also involve Comm. Finn’s idea for land acquisition for investment purposes.

Mr. Findell noted that the City had adhered to a conservative investment policy, generally supported and encouraged by the State. However, he stated that the City could identify other mechanisms for investment purposes as long as the City remained within State Statute guidelines while pursuing other investment opportunities. Mr. Findell indicated that these other areas of investment would have to be identified within the City’s investment policy before being implemented. He noted that if the City did not have an investment policy, it would be limited to minimal investment alternatives.

Atty. Groot suggested that, during the Request For Qualifications/Proposal process, the City request that interested firms also submit a list of financial plans which these firms had developed for small cities, in order for Lake Helen officials to accurately gauge what was currently available to small cities, if anything.

It was the consensus of the Commission to proceed with the solicitation of the Request For Qualifications/Proposals from qualified financial firms.

Atty. Groot indicated that Senator Burr had sponsored a companion bill to the local bill for the revised City Charter. He explained that when the local bill passed the House, it would move to the Senate where a companion bill was already in place by the Senate Rules and Calendar Committee allowing it to make its trip through the Senate more efficiently and expeditiously. Atty. Groot noted that the work of Representative Cusack and Senator Burt to shepherd the City’s local Charter bill through the legislation had, so far, been very effective.

Comm. Long queried as to the status of the Ballard settlement agreement.

Atty. Groot indicated that he and the City Administrator were in the process of drafting a settlement agreement. He stated that when the draft was finalized, he would submit a copy to the Ballard’s attorney and would also disseminate copies to commissioners for their review and consideration.

The City Commission voted to join the DeLand Area Chamber of Commerce representing DeLand, Lake Helen, Cassadaga, Pierson and DeLeon Springs.

Comm, Cherry requested that the Commission meeting minutes not be published in the City Observer until they were reviewed and approved by the City Commission.

The City Attorney informed Comm. Cherry that the minutes were public record and, as such, must be made available to the public as soon as they were prepared.

A short discussion ensued on the preparation and publication of the minutes. Mr. Findell indicated that he would convey Comm. Cherry’s request to the City Observer’s publisher.

(City Observer note: City Staff has devised a way for the City Commission to proof the minutes earlier so that they may continue to be published as usual.)

Comm. Finn noted that a web-site draft specification document was currently circulating amongst web-site volunteers to solicit input/comments, explaining that when the document was finalized, it would serve as a guide for developing and maintaining the City’s web site.

The City Commission voted to appropriate $900 to Public Works to purchase and install an aluminum flag pole in front of City Hall allowing a formal dedication to take place on September 1lth. MOTION carried unanimously.

Mr. Jim Morris approached the podium and requested that a code enforcement status report be provided to the public on a monthly basis.

Ms. Snowden also requested that city meetings not be scheduled to conflict with one another.
Mr. Findell indicated that, due to the schedules of other board members, this could not be helped at times.

Mr. Lou Benton approached the podium and requested that the City address its own code violations prior to enforcing others to abide by the Code. He noted that two violations presently existed: a city storage area lacked the proper fencing and a city dumpster also was not enclosed.