REGULAR MEETING
LAKE HELEN CITY COMMISSION
November 19, 2009
7:00 P.M.
MINUTES
CALL TO ORDER: Mayor Snowden
The November 19, 2009 City Commission Regular Meeting of the City of Lake Helen, Florida was called to order by Mayor Buddy Snowden at 7:05 p.m. Present were Commissioner Ann Robbins, Commissioner Cameron Lane, Commissioner Vernon Burton and Commissioner Rick Basso; City Attorney Lonnie Groot; City Administrator Don Findell; and City Clerk, Nancy Wilson.
Mayor Snowden reminded audience members to fill out a blue card if they wished to speak on an agenda item and a yellow card if they wished to speak during the public forum. We will call on you in the order that the cards are turned in.
Mayor Snowden: We had a recent meeting with the School Board wherein we were before a number of educators…and at this time we normally have the Invocation and Pledge of Allegiance; the school board member indicated to us that we learned the Pledge of Allegiance as a child and we, as Americans always say the Pledge of Allegiance wrong; there is not a comma between Nation and God. We assured the leader we would say the pledge appropriately tonight.
INVOCATION AND PLEDGE OF ALLEGIANCE
Comm. Burton led the invocation and pledge of allegiance; pausing for a moment of silence for all U.S. service members overseas and the men and women lost at Fort Hood.
Mayor Snowden: I ask you to further indulge me with something that was sent to me. Mayor Snowden played an audio recording by Red Skelton regarding the meaning of the Pledge of Allegiance.
DELETIONS OR MODIFICATIONS TO AGENDA
Mayor Snowden: I have one addition to the agenda under Item 8, Commission Discussion, if we could add Item C, Discussion regarding our December meeting. Often there is only one meeting in that month.
Comm. Robbins: I am wondering, on 8B, since I got mine this morning but the other members did not get theirs until now; could we possibly forgo that and do a workshop?
Mayor Snowden: We can do that and we can still discuss it minimally.
Comm. Robbins: One of the announcements I was going to make was the newly elected officials’ seminar as they go over a lot of that during the seminar. I am planning to go to that again. I know they hash out a lot of that stuff.
Mayor Snowden: Did the Commission get a notification on that?
Comm. Robbins: I called and asked Mary and she said anyone was welcome to come.
Mayor Snowden: I believe it is Friday, December 11, 2009.
Comm. Robbins:She read the invitation.
Mayor Snowden, encouraged all Commission members to attend.
COMMISSION ANNOUNCEMENTS
Comm. Robbins: The Community Club will be meeting at 6:00 pm tomorrow night for a potluck dinner at Hopkins Hall. There will be entertainment.
Comm. Burton: The husband of State Representative, Joyce Cusack passed last week. His memorial service will be Friday at 6pm at the Greater Union Baptist Church in Deland; Funeral on Saturday, 10 am at the First Baptist Church.
Mayor Snowden: You will recall last meeting we discussed, relative to the redistricting of the School system, trying to balance Deltona, Deland and Orange City high schools. We were hopeful that Lake Helen students would remain with Deland High School placement as originally we were not going to be in DeLand.Citizen and Chief of Police efforts going to the school board to hear our concerns was fruitful because the November 10th school board meeting voted to restore the Lake Helen students going to DeLand. Thank all of you that took the time to participate in this effort.
1. MINUTES:
No minutes for this meeting.
2.CONSENT AGENDA:Bills – November 19, 2009
Comm. Robbins: One of the things on the bills was the A/C repairs for the Police Department. Mr. Findell, did we put a new unit in the budget? This was $410.
Admin. Findell: It would be included in the repair budget. Unless a new unit had an extraordinary cost, it would be covered under the existing budget. We had discussions at one point about the age of that system and we were trying to keep the system going as long as we could with the least amount of expense but needed to recognize it may need to be replaced this year.
Mayor Snowden: I noticed they were working on it again today… did we have another failure?
(Inaudible response from audience)
Comm. Robbins:Under Stenstrom Macintosh,. I noticed on the bill there were charges in regard to the lot binding agreement. I know the city would be part of that, but do you have any feel for how much it has cost us for the preparation of that document?
Atty. Groot: I am not sure.
Admin. Findell: When you take the Attorney’s time and my time; it has been several hundred dollars. It was the Commission’s intent that that cost would be recovered from the applicant.
Comm. Robbins: The cleaning supplies and services for the Creative Arts Café, is that a weekly contract? Like for the mats etc.
(Inaudible response)
Comm. Robbins: It looks to me like it was on a weekly basis. Do they come every week?
(Inaudible response)
Comm. Robbins: I think it is like $36.00 a week.
Comm. Basso: Is it proper protocol to take some time before the budget meeting to go over this with Don?
Admin. Findell:Yes, or any other department head as well.
Mayor Snowden: Our Public Works Director has looked into changing out the bottled water for fountains which will give us some savings as we are spending roughly $100 a month. I might reemphasize, our power bill continues to inch up for the winter months. We need to be cognizant of the fact that every time we leave a light on it costs us money.
Comm. Robbins: The Euclid Avenue sidewalk project; is that a total for the whole thing?
(Inaudible response)
MOTION by Comm. Robbins to accept the bills as presented. SECOND by Comm. Burton. Motion carried unanimously.
3.PRESENTATION:
No presentations this meeting.
4.BI-MONTHLY REPORT:
a.City Engineer– No report
b.Local Planning Agency (PLDRC) – No report
c.Historic Preservation Board – No report
d.Parks and Recreation Board– Sean Abshire, Vice Chairman for the Parks & Recreation Board approached the podium stating the Christmas Tree Lighting was scheduled for December 1st at 7pm in Blake Park and the parade was scheduled for December 13th at 5 pm
Mr. Abshire: The other day at the Boys & Girls Club we were discussing no smoking in the City Parks and where the restrictions were. I received a copy of the ordinance and looked to see if there were restrictions by the B&G Club. I was wondering if we could get some signs posted noting that it was a no smoking area.
Mayor Snowden: It is something we can probably work with the public works department. We did establish an ordinance relating to smoking in the parks several years ago. Your concern is that we have notices posted.
Mr. Abshire: I would like to see no smoking in the parks completely but that is ultimately up to the Commission.
Mr. Abshire read the documents applicable to smoking in Lake Helen Public Parks.
Mayor Snowden requested Mr. Abshire work with Public Works Superintendent, Rick Mullen on the signs.
Chief Chester: There have been numerous people asking about the Christmas Ball and there are several volunteers. I know it is late notice but we need to know what the wishes of the Commission would be regarding the expenses involved. I am willing to assist with whatever the Commission desires.
Mayor Snowden: This is not an agenda item… it was about to fall through the cracks where everyone assumes it would happen again, as it has in the past. The Christmas Ball has been an expression of everyone getting along and enjoying the spirit of the season. I spoke with Ms. Levings last week and Chief Chester and community citizens who would like to continue the tradition. Ms. Levings noted Ms. Callahan had volunteered to help with that effort as she did last year. There is a five dollar fee with an expectation that visitors bring a covered dish. With the door charge and volunteer food it would not cost the city anything to put on the ball.
Comm. Robbins: That was the way it was done last year… with a covered dish dinner and Tammie Johns band and a five dollar donation.
Ms. Callahan: We pretty well have it covered but would love to have volunteers to help decorate. Tammie Johns is booked. The ball will be held on the twelfth. We had fabulous food last year. We were $85 shy of paying the band and I stood up with the announcement and we had it within five minutes.
Mayor Snowden: Everyone always has a good time.
Ms. Callahan: We are looking at December 10th; about 1-2pm to decorate.
5. PUBLIC FORUM:(Yellow Cards)
Karen Greer of the Volusia County Boys & Girls Club approached the podium: I would like to thank Comm. Burton, Comm. Robbins and Mayor Snowden for coming to the induction ceremony this evening. Next Wednesday we will have our first official meeting. We are looking forward to community service projects here in Lake Helen.
Mayor Snowden: It never ceases to amaze me what this lady does with the Boys & Girls Club; the number of programs that they do to help the youth in this community. She did express to me; if there was anything we can do as a community it would be to volunteer some of your time at the Boys & Girls Club.
6.PUBLIC HEARING:
None for this meeting
7.COMMISSION CONSIDERATION:
A)Consideration of request by Mt. Olive A.M.E. Church to have fees waived for Hopkins Hall.
Ms. Loretta Dukes approached the podium and stated Mr. Olive A.M.E. Church, located on Ohio Avenue, did not have a dining room or facility to have a dinner. They would like to use City facilities with a waiver for the church.
Comm. Robbins: I was under the impression that all the churches in Lake Helen were exempt.
Ms. Dukes: Only for meetings, not for events according to Ms. Levings.
Comm. Robbins: It is for organizations… it always was… for churches , Boy Scouts, Girl Scouts, 4-H, Community Club, League for Better Living; a whole list of organizations that did not need to pay.
Admin. Findell: There was; then the Commission discussed that during the preparation of the policy manual and further refined that. My understanding came through Nancy and that is why Ms. Dukes is here tonight because what she wanted to do was one of those things that fell outside the understanding of what the Commission had approved by policy during the redraft. It was to be looked at on a case-by-case basis. We can further research that for you if you would like, but Ms. Dukes is just following the protocol that she was asked to.
Comm. Burton: This event is on a Sunday?
Ms. Dukes: Yes, the 19th, we are doing an angel tree for children of parents that are in jail at this time.
Comm. Basso: Are we looking for this every Sunday?
Ms. Dukes: No, just two times this month… until Black History in February.
Comm. Basso: I am just trying to see how many occurrences there may be.
Comm. Burton: The clarity we are looking for here is that there was, at one point, a list originallysubscribed to that there were exempt organizations. As Mr. Findell pointed out; that list and ordinance has been refined so now we are probably seeing people who were accustomed to be eligible for that exemption.
Admin. Findell: I think there is some difference in understanding regarding what the policy states. If I remember correctly, wasn’t that policy discussed with the new Commission in 2007?
Comm. Robbins: I do not recall that.
(Inaudible from audience)
Comm. Robbins: But, theCommunity Club used it all last year.
Admin. Findell: Yes, they were one of the exempt organizations. The list was gone through with a finer tooth comb and changed in nature somewhat. What was approved for use without question, I believe, was changed to some degree as well… so I think it would be beneficial if we act on this and then provide the Commission with that policy.
MOTION by Comm. Burton that the requested event be granted. SECOND by Commissioner Basso.
Mayor Snowden restated:MOTION is by Comm. Burton to approve the request of use of Hopkins Hall with the fee being waived. From a personal standpoint; our churches in this community play a vital role and I appreciate the ministries. I would like to see our community be more involved in our churches and vice versa. Anything that promotes community spirit, I support.
Comm. Basso: This document has one date on it… are we referring to two dates?
Mayor Snowden: Yes
Motion carried unanimously.
Comm. Basso: One of the concerns I have is that giving several dates precludes other organizations from picking similar dates. So in fairness to all organizations in the community, there has to be protocol.
Admin. Findell: That is one of the issues that the Commission dealt with on a number of occasions. It was a concern that the continuing usage of any facility, in trying to make sure that any affected group might have the opportunity for usage of the facility,needed to balance with the general public usage. For instance if a group wanted to use the facility on a routine basis with the exception of specific facilities and specific groups; they would have to come to the City Commission to request the usage on a continuing basis.
Comm. Basso: From a budget perspective; if the facilities are being used for nonprofit; then we need look at that budget line.
Mayor Snowden: Ms. Dukes did you confirm that the dates were available for rental?
Ms. Dukes: I have filled out the applications for those dates. If someone had booked it already I would have been out of luck. But you do have to go to City Hall and fill out the application and put down a deposit. We have to clean up after and then you get the deposit back.
Comm. Burton: We had one of our Community Groups; Henry Whites Organization which have events on a particular time and did not get in time to make the reservation. As a result they had to reschedule because they had not gone through the proper protocol.
Comm. Basso: Is there a time limit in the policy now? Can I request a date for next December now?
Admin. Findell: Let me give you an example. We have a group meeting in the Community room; a Holistic group. They came and requested use for a year on certain dates. The City Commission approved that room for that group. The idea is to have a calendar that is kept so we know what rooms and what facilities are being used on a daily, monthly and yearly basis. So, we know what will be available upon request.
Comm. Basso: Is there different protocol involved for people that are paying for the facility and those that are not?
Admin. Findell: Let us get a copy of the policy to the Commissioners so you can be familiar with it.
B)Consideration of subdivision approval for the Ballard replat.
Admin. Findell: In your agenda package was a compilation of documents relating to a request from Ms. Barbara Ballard to subdivide a piece of property bounded by Tangerine and Orange Avenue and Barbe Street. The parent tract that we are discussing is L-shaped (Admin. Findell outlined the property presented for public viewing via computer digital projection) It was at one time owned by Mrs. Erdos who owned the entire block. Several years ago Ms. Ballard and Ms. Erdos made application to the City to divide the larger tract. The code allows a minor replat to occur only once. Then, if the parent tract is to be divided in the future, it has to go through the subdivision process, which is a more complicated process. In this particular instance, Ms. Erdos, subsequent to the division several years ago, conveyed a piece of property to one of her relatives which was conveyed to the Ballards. The piece remaining in Ms. Erdos ownership was purchased by the Lindsays. The application submitted for subdivision was from Ms. Ballard with the consent of the Lindsays. The purpose of the subdivision of the property is to divide the property into two lots necessary in order for lot #1 to be a buildable lot. The proposed subdivision has been reviewed and approved by the City Attorney and the consulting surveyor and the PLDRC. It is here tonight for City Commission approval.
Comm. Lane: Any opposition to this?
Admin. Findell: No, I have not received any opposition.
MOTION by Comm. Lane to approve the Ballard Subdivision as submitted. SECOND by Comm. Basso. Motion carried unanimously.
8. COMMISSION DISCUSSION:
A)Discussion regarding House Bill #479.
Admin. Findell: We were made aware by the Florida Retirement ofHouse Bill #479 specifically the provision in the bill that provided a limited window of opportunity for elected officials currently enrolled as regular class members to be reclassified as members of either the senior management class or the elected officers’ class. The Florida Retirement System has four classes: the regular class which comprises most of the workers in city and county government; senior management class comprised of city managers and administrators and certain other department head or higher levels designated by the city commission; the special risk employee class which are the police and fire employees and then you have the elected officers class. The legislation provided that elected officials, who were not currently classified, be given the opportunity to be reclassified into senior class or elected officers class. Basically you can elect not to change your class,elect to be reclassified as senior management service or you can be reclassified in the elected officers’ class. The benefit of the reclassification is as follows: regular class members receive a retirement benefit, a time in service benefit that accrues1.6% a year, a senior management class employee receives time in service and benefit accrual of 2% a year; an elected officers class receives a time in service accrual benefit of 3% per annum. The flip side is that there is a cost associated with each of those accrual rates. In looking at the City Commission for Lake Helen; if you wish to remain in the regular class there is no difference in cost. If you wish to be reclassified to senior management class then the annual cost is $664 and if you wish to be reclassified to elected officers the annual cost is $1356 for the Commission. If you wish to pursue this the window of opportunity is from now to December 31st. The election must be made through adoption of a resolution. If you wish to be reclassified I will need direction to prepare the ordinance for the next meeting.