Commission Minutes 9-2001

COMMISSION CONSIDERATION

Consideration of Resolution 2001-05, supporting a commuter rail project and location of a commuter rail station in DeBary, per Mayor Shuttleworth’s request.

Mayor Shuttle-worth commented that many other cities in the West Volusia had passed resolutions similar to the one being proposed tonight. He mentioned that resolutions were also circulating regarding the utilization of a rail station in DeLand, but noted that the DeLand rail station would be utilized at a later date.

The Mayor indicated that Congressman Mica had promoted the concept of commuter rail service in Central Florida and had worked diligently to manifest this idea. He indicated that the federal government had set aside funds for a three to four year commuter rail experiment and were proposing to use the old CSX lines to implement the experiment. The Mayor further explained that the aforementioned resolution was to support the concept of commuter rail service as opposed to having a twelve lane highway constructed to accommodate population growth and the resultant increased traffic.

Comm. Long noted that Congressman Mica had proposed three stations in the West Volusia area to be located in DeBary, Orange City and DeLand, but that the initial project would involve only one station.

MOTION by Comm. Long, SECOND by Comm. Sonnenfeld to approve Resolution 2001-05, supporting a commuter rail project and location of a commuter rail station in DeBary. MOTION carried unanimously.

A) Discussion regarding amending the Code of Ordinances to require no net loss of wetlands as a result of development activity, as requested by Comm. Tamburro.

Comm. Tamburro indicated that as a result of the wetlands issue that came before the Commission at the last meeting, he met with Mr. Findell to discuss land use protection laws which currently guarantee residents reasonable use of their properties. Comm. Tamburro indicated that these protection laws made it difficult for the City to enforce its wetland ordinance which included a stipulated twenty-five foot wetland buffer from all potential development. He noted that in order to address Comm. Tamburro’s concern, Mr. Findell suggested amending the ordinance to state development would result in “no net loss to wetlands”. Comm. Tamburro indicated that this verbiage would allow the City to protect its wetlands while removing any ambiguities from the current ordinance. He commented that individuals would be able to develop their properties as long as they did not negatively impact wetlands.

Comm. Tamburro suggested, if the Commission concurred, that amending the City’s wetland ordinance could be sent to the PLDRC for discussion.

Mr. Findell stated that current land use law provided that individuals were allowed to develop portions of their property either through entitlement or variance. However, he indicated that in return for being able to impact wetlands, the City’s wetlands ordinance could be amended to require the individuals to either create wetlands on the upland portion of their properties or proffer money to a wetlands mitigation fund. Mr. Findell indicated that the “no net loss to wetlands” policy was a policy originally established by the Department of Environmental Protection at least ten years ago. He stated that since then, modification to the policy had occurred from both an enforcement and application standpoint.

Comm. Tamburro noted that there were properties in Lake Helen which contained large water puddles which he did not want confused with what was actually considered wetland areas. He was more interested in protecting wetlands which were defined by their significant contribution to the aquifer and water system.

Atty. Groot explained the different variations of wetlands and indicated that the City could, if it followed Comm. Tamburro’s premise, be required to determine the types of wetlands within the City’s municipal limits and then determine the types of wetlands that it desired to protect.
The Mayor indicated that the consensus of the Commission was to re-evaluate the City’s Comprehensive Plan and land development regulations.

Mr. Findell indicated that the PLDRC was tasked with two major issues prioritized as 1) amending the Comprehensive Plan and 2) amending the land uses deemed appropriate in each land use district. He indicated that he felt that these two issues were more important than working on either individual or collective development regulations, which would subsequently follow the amendment of the City’s land use plan.
Comm. Tamburro indicated that, in light of Mr. Findell’s comments, amending the wetlands ordinance should be incorporated into the Comprehensive Plan initially.

Mr. Findell indicated that the City desired to amend its land use map first to determine the appropriate land uses in Lake Helen and then the City could determine the land use types within each land use district. Once that determination had been made, then the City could consider the broader policy issues in the Comprehensive Plan text itself.

Comm. Tamburro queried as to when work would commence on the land use map and Comprehensive Plan.

Mr. Findell suggested that the City conclude its visioning sessions with members of the community. After a visioning effort had been conducted, then work could begin on the land use map and the Comprehensive Plan.

The Mayor indicated that community support was important in determining the City’s future. He further expressed his concern that developers felt that it was within their rights to impact the City’s wetland areas.

Atty. Groot indicated that the City’s current Code could be defined as a strong wetlands ordinance as it allowed virtually no development of any intensity to impact wetlands. He stated that Comm. Tamburro’s concern regarded determining what types of wetlands deserved the highest protection. He stated that it may be feasible for the City to consider allowing development in low quality wetland areas in return for a stronger protection of high quality wetlands. He stated that this was the issue which would have to be addressed in the City’s wetlands ordinance.

B) Discussion regarding removing service stations from, and adding medical/dental clinics (with restrictions) to, the types of uses allowed in the Mixed Commercial Land Use district, as requested by Comm. Tamburro.

Comm. Tamburro commented that he was wary of allowing gas stations on Lakeview Drive as this road was the heart of downtown Lake Helen. He indicated that the City already possessed two gas stations and requested that the PLDRC review the placement of gas stations in what the PLDRC could determine to be the appropriate land use districts. He also indicated that he felt the PLDRC could review the placement of medical/dental clinics in the Mixed Commercial Land Use district with restrictions.

Mr. Findell noted that PLDRC members would be reviewing the placement of medical/dental clinics into the appropriate land use district at their September 24th meeting. He commented that this issue would not be site specific.

The consensus of commissioners was to also have PLDRC members review the appropriate placement of service stations as well.
C) Discussion regarding amending the Code of Ordinances to require that residential developments set aside acreage within the development for recreational/park area(s), as requested by Comm. Tamburro.

Comm. Tamburro suggested that this item could be developed into a policy statement. He indicated that he was concerned with the reduction of park land area in relation to the City’s population growth. He stated that the City currently owned 35 acres of park land which amounted to approximately one acre of park land per 80 residents. He further explained that 80 residents equaled approximately 32 houses, so that for development purposes, one acre of park land should be set aside for every 32 houses built. He indicated that if a subdivision contained 90 residences, three acres in that subdivision should be designated as park land. He commented that implementing this policy statement into Development Agreements would protect the integrity of the City’s parks.

Mr. Findell noted that the developer already paid an impact fee for recreational purposes and commented that a balance was necessary in how the City developed its legislation in this regard. He stated that a level of service was established in the Comprehensive Plan regarding park and recreational facilities and the City’s goal should be to maintain that level of service. The mechanism for maintaining that level of service would be either through using impact fee funds to purchase park lands or through placing the burden on the developer to provide adequate park lands when developing subdivisions.

Comm. Sonnenfeld questioned if the impact fees paid by developers currently sufficed to maintain the level of service standards established in the Comprehensive Plan.

Mr. Findell indicated that he thought not. He stated that for practical purposes, impact fee funds were not usually going to be sufficient enough to allow the purchase of additional park lands to maintain an established level of service standard. He commented that for larger subdivisions, it was not unusual for developers to provide a recreational opportunity to its residents on-site alleviating the need to seek recreational entertainment at other locations.

MOTION by Comm. Tamburro, SECOND by Comm. Long to request to the PLDRC that members make a recommendation to the City Commission regarding establishing park lands within a developmemt. MOTION carried unanimously.

*Atty. Groot indicated that the lawsuit filed in federal court by SBA, Inc. had been dismissed. He stated that the only case currently pending was the one to be decided at the circuit court level. He stated that oral arguments were scheduled for October 3rd.

*Chief Chester noted that the City’s Back-to-School Boot Camp was extremely successful. The event involved four area churches and thirty adults for approximately 60-65 children. He thanked Reverend Snowden for his efforts in this endeavor and presented Comm. Long with a plaque commending him on his involvement in this event.

Chief Chester indicated that he and Mr. Findell were progressing positively with their work regarding Animal Control. He stated that they were currently involved in securing equipment purchase information.

The Mayor commended Chief Chester for his success in organizing the Back-to-School Boot Camp. He indicated that he was impressed with the number of children positively affected by the experience.

*Mr. Findell stated that the ECHO grant application process was currently underway. He noted that the City was required to submit a letter of intent to the County by September 21st indicating its desire to participate in the grant application process. He requested that citizens and commissioners submit suggestions for potential projects to City staff.

Mayor Shuttleworth commented that this was a three million dollar a year program financed by taxpayers to provide funding for worthwhile county-wide projects.

Mr. Findell indicated that he had prepared a draft request soliciting proposals/bid for use of the water tower for telecommunications antennae purposes. He commented that he had presented the draft to the company which had provided the greatest interest in utilizing the water tower for telecommuni-cation purposes. He indicated that once he received a response from them indicating what a reasonable time-frame for bid/proposals would be, he would be able to set a pre-bid meeting to discuss advertising the bid solicitation process with any company interested in utilizing the water tower.

Mayor Shuttle-worth commented that the City’s flag had deteriorated substantially and that Ms. Levings had acquired another flag through a generous donation by Congressman Mica. He indicated that Public Works had placed the newly acquired flag on the wall of the Commission Chambers in remembrance of the September 1 lth terrorist attack on our country. He noted that Ms. Pat Chadwick would be collecting 50 cent donations for the next edition of the City Observer and sending the proceeds to the United We Stand fund to help the families of the victims of the terrorist attack. The Mayor also indicated that the City, with the help of Ms. Chadwick, had placed collection jars at various locations throughout town to collect donations for the same reason with the proceeds also going to the United We Stand fund.
Mayor Shuttle-worth proceeded to read a proclamation in remembrance of the September 1lth disaster to remember and honor the victims of the attack.

The Mayor remarked that blood donations were always needed and encouraged everyone to do their part in helping Americans to unite and stand strong in times of tragedy.

*Ms. Barbara Snowden and Mr. Craig Caldwell indicated that Mr. Caldwell had volunteered to construct the following project for the City as it would satisfy the requirements necessary for him to become an Eagle Scout.

Mr. Caldwell noted that he would be constructing a deck railing enclosure for the concrete platform in Royal Park to ensure the safety of the public’s use of the platform and to modify and beautify the existing structure in a way that would enhance the area of the lakefront where the platform was situated. He indicated that his project would consist of a pressure treated wooden railing that would surround the surface of the concrete platform, leaving an open entrance way with an accompanying railing on each side of the steps leading to the entrance way. He noted that the railing measurements met all required codes, roles and City regulations.

MOTION by Comm. Tamburro, SECOND by Comm. Long to allow Craig Caldwell to proceed with constructing a deck enclosure on the existing platform at Royal Park and waiving all permitting and inspection fees associated with this project. MOTION carried 4-0.

*Ms. Barbara Snowden, Chairperson, indicated that she had tabulated the results of a recent recreational survey which had been disseminated throughout the City to seek potential projects for FRDAP grant funding. She thanked Ms. Pat Chadwick for her efforts in inserting the survey into the City Observer. Ms. Snowden indicated that she had tabulated approximately 186 surveys with the following requests for projects with FRDAP grant funds: 119 people requested tennis courts, 31 people requested a community swimming pool, 13 people requested a skateboard/bicycle park, 1 person requested picnic tables, 5 people requested a soccer field, 2 people requested benches at Royal Park, 10 people requested an exercise park, 4 people requested playground equipment and 1 person requested a dog park. She indicated that, as a result of the response to the survey, the Parks and Recreation Board recommended to the Commission to seek FRDAP grant funding for the construction of two tennis courts at Blake Park.

*1. Atty. Groot indicated that he had prepared a draft amended City Charter for the Commission’s review. He noted that the City had realized a substantial savings (approximately $4-5,000) by having the Charter amended in-house instead of contracting with Municipal Code Corporation to perform the work necessary to draft an amended Charter.

Atty. Groot indicated that the revised Charter must be submitted to the Volusia County Legislative Delegation at an advertised hearing. The advertisement for the Delegation meeting must occur before the bill could be introduced at the hearing. He indicated this would require that the City’s final approval on the Charter to propose to the Delegation as a local bill should occur in early October.

The Mayor questioned if the proposed Charter incorporated the desires of the City’s residents as determined through the referendum of last year.

The Attorney responded in the affirmative.

Mayor Shuttleworth expressed his concern that the role of Mayor, as stipulated by the old Charter, allowed the Mayor the ability to represent the City Commission in emergency situations. He indicated that the role of Mayor as regards to emergency situations was clearly defined in the old Charter and he would like to see this reflected in the proposed Charter.

Atty. Groot noted that the Volusia County Delegation had not, as of yet, scheduled a hearing. He stated that he felt that this hearing would probably occur in November. He stated that advertised public notice was required thirty days prior to the hearing. This would indicate that the Commission would need to consider advertising the hearing in early October.

The Mayor stated that the City would disseminate copies of the draft Charter to various locations throughout town to garner public input on the proposed document.

*1. Mr Findell noted that he had received correspondence from Mr. Dwight DuRant, of Zev Cohen & Associates, in which Mr. DuRant had requested a refund of fees for the various permit applications that had not been processed as a result of the City’s denial of his company’s request for a variance regarding the property at the comer of Virginia and Summit. Mr. Findell also noted that Mr. DuRant had offered to donate the lot in question to the City if the City was amenable to this proposal.

Mr. Findell noted that the fees the company desired returned were the fees which would have been charged had the variance request been approved by the Commission. These charges included land clearing permit fees, wetlands permit fees and wetlands buffer permit fees.

(MOTION by Comm. Long, SECOND by Comm. Tamburro to accept Zev Cohen & Associates’ offer for the donated lot at no charge and to refund the fees (approximately $150.00) for the various permits that had not been processed. MOTIONS were carried 4-0.)

2. Mr. Findell stated that conversations with Mr. Tim Dolan, of Waste Management, had indicated that changes to the County’s recycling program would directly affect Lake Helen and Mr. Dolan had indicated that he would like to discuss the changes with the Commission. Mr. Dolan had indicated a desire to amend the current solid waste collection contract and would like to discuss the company’s thoughts on this matter. Mr. Findell noted that the City could, after reasonable consideration, either amend the current contract in accordance with Waste Management’s proposals, negotiate a new contract with Waste Management or re-bid the contract. In any event, the Property Appraiser’s office had already been notified that residential rates would remain the same this year.

3. Mr. Findell indicated that he and Chief Chester had solicited bids for an animal control vehicle and had investigated the City’s options for the purchasing of this vehicle. He noted that the bids received by the City were based on specifications for a 2002 vehicle, but that the City could possibly realize a savings of a 2001 vehicle with similar 2002 specifications could be located. He also noted that the City could consider several options for price savings purposes which included leasing versus buying, vehicle color and engine size.

Discussion ensued regarding the aforementioned price saving options.

Mr. Findell summarized the discussion by noting that the Commission had directed him to: 1) search for a 2001 vehicle of any color with the same general equipment specified for the 2002 vehicle and 2) of a 2001 vehicle could not be located, to purchase a 2002 vehicle with reserve funds, general government funds and/or police impact fees.

Comm. Tamburro requested an estimate of additional costs for animal control accessories needed for the vehicle.
Mr. Findell estimated this figure to be between $6,000 and $7,000.

MOTION by Comm. Tamburro, SECOND by Comm. Long to authorize the City Administrator to acquire a 2001 vehicle that closely resembled the specifications prepared for the purchase of a 2002 vehicle, or in the event the City Administrator could not locate a 2001 vehicle which represented a savings to the City over the purchase of the 2002 vehicle, to authorize him to purchase the specified 2002 vehicle utilizing police and general government impact fees if these fees were available. MOTION carried 4-0.

*1. The Mayor noted that on October 6th the Florida Trust would be participating in a tour of the Lake Helen/Cassadaga area.

2. The Mayor commented that the Florida Humanities Council would be meeting in DeLand October 24th through the 26th.

3. The Mayor indicated that the reverse 911 program was being implemented and that Mr. Jim Ryan, of Emergency Management, would be presenting the proposed program at a VCOG meeting next week. The Mayor indicated that the cost for Lake Helen to participate in this extremely beneficial operation would be an initial minimal fee of approximately $200.00.

4. The Mayor requested that City staff compose a letter to Congressman Mica thanking him for his generous donation of an American flag to the City.

5. The Mayor indicated that he was still seeking willing individuals to assist him in his tree planting endeavor. He requested that potential volunteers notify Ms. Levings at City Hall of their desire to help.

6. The Mayor requested that the City research the possibility of annexing certain sections of Cassadaga. He suggested that a letter of intent could be presented to Cassadaga residents to ascertain the level of Cassadaga residents’ interests in annexing into Lake Helen.

7. The Mayor indicated that he and Mr. Findell had attended an all day seminar at the Agricultural Center to review plans for the 472 Interchange Activity Center. He noted that the County and City of Deltona desired two to three million square feet of commercial development in that area.