MINUTES BUSHNELL CITY COUNCIL REGULAR MEETING 117 EAST JOE P. STRICKLAND, JR. AVENUE DECEMBER 7, :00 P.M.

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1 MINUTES BUSHNELL CITY COUNCIL REGULAR MEETING 117 EAST JOE P. STRICKLAND, JR. AVENUE DECEMBER 7, :00 P.M. Meeting was called to order by Mayor Spaude followed by the Invocation and The Pledge of Allegiance. Mayor Spaude welcomed all present and explained the manner in which to be heard during the meeting. ROLL CALL PRESENT: Mayor Bil Spaude Vice-Mayor Bill Durham, Jr. Councilwoman Karen Davis Councilwoman Kay McCoy Councilman Dale Swain ALSO PRESENT: Bruce Hickle, City Manager Felix Adams, City Attorney Christina Dixon, City Clerk LT. Pat Breeden, Sumter County Sheriff s Office Denise Lee, Director of Zoning Mike Eastburn, Director of Public Works Jody Young, Finance Director Ronda Cason, Utility Program Coordinator Susan Noell, Asst. City Manager of Admin. Services Kelly Marcoux, Director of HR/Asst. City Clerk CONSENT AGENDA 1. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING HELD DECEMBER 7, APPROVAL OF THE FINANCIAL REPORTS. DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 1

2 Motion made by Councilman Swain, and seconded by Vice-Mayor Durham, to approve the consent agenda. Motion made by Mayor Spaude, and seconded by Councilwoman Davis, to amend and clarify the minutes to reflect that the motion I made, actually passed (regarding the election date) was a statement of scheduling preference and not authorization to call for the referendum by rewording the minutes to reword the first sentence in the second paragraph to read motion was made by Mayor Spaude to state a scheduling preference for the referendum for the next general election as opposed to a special election. Before the vote on the Mayor s motion to clarify the minutes, motion made by Councilwoman McCoy, and seconded by Councilman Swain, to reconsider and rescind the motion made on the referendum scheduling preference at the November 2 nd meeting because (1) it is inconsistent with prior Council practice of taking no official action until an item is placed on the agenda and (2) the prior clarified motion was premature because the Council has not yet received staff review and input regarding the proposed referendum s full compliance with applicable state law. Call for vote on the Mayor s motion to clarify the minutes, as amended, motion carried 5/0. Call for vote on Councilwoman McCoy s motion to reconsider and rescind the motion made on the referendum scheduling preference. Motion carried 5/0. CITIZEN S FORUM (LIMITED TO 2 MINUTES PER PERSON). Mr. Lyons requested to make an adjustment to allow for input from those present before proceeding forward with next agenda items. Mr. Lyons also stated that he would like to request the lighting stay on all year in the Downtown Plaza Park. City Manager, Bruce Hickle stated that the lights that are currently in the park are seasonal lights and not intended for year round use and the City would look into getting lights that could be left up year round. Mayor Spaude asked Mr. Lyons if it would be ok to remove the lights this year. Mr. Hickle recommended that the City would put together a lighting plan and budget for the lighting in the Downtown Plaza Park for the next year. Marge Thies, 214 E Vermont- Ms. Thies stated that she would like to see the lights left on the lamp posts in the Downtown Plaza Park all year. Fred Martinez, 208 West McCollum- Mr. Martinez presented his concern with the Shell, Marathon, Citgo gas stations and the S&V convenient store that were all owned by one family. Mr. Martinez expressed his concern about one family owning the stores and the possibility of people living in Bushnell having to go out of town to get gas if they were prohibited from entering the family owned stores. Mayor Spaude stated that he had corresponded with his attorney and he wasn t aware of any law that prohibited a single family from owning multiple DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 2

3 businesses in the City. City Attorney, Felix Adams stated that he was unaware of any laws that prohibit anyone from owning multiple businesses in one town. Jim Wade, 116 Bushnell Plaza- Mr. Wade complimented the City of Bushnell for the Christmas lights and decorations in the Downtown Plaza Park and around Bushnell. Mr. Wade also stated that he would like to see the lights up year round. Hank Bolduc, SECO Energy- Mr. Bolduc asked if the Council could go back to the consent agenda to approval of the minutes item #1 because he couldn t hear what had taken place. City Attorney, Felix Adams stated that there was a motion made by the Mayor to explain the motion from the November meeting for clarification. Mr. Adams further stated that Councilwoman McCoy moved to amend, to include within that motion amendment that the vote was a referendum scheduling preference and not necessarily a vote of accepting the referendum as filed with the City Clerk, which has not been evaluated or reviewed by staff. Councilman Swain asked a question regarding reducing the Wastewater Fund indebtedness. Mr. Swain didn t understand why the Wastewater Fund debt was only being reduced by approximately $14,000 a month. He asked why the dump money was not being used to reduce the debt. Finance Director, Jody Young indicated that the monies that the City receives from the landfill tipping fees (Community Trust Fund Fees) are not collected in the Wastewater Fund, but rather in the General Fund and that 50% of that money goes into a Community Trust Fund Reserve account, while the remaining 50% is retained by the City for discretionary use. City Manager, Bruce Hickle indicated that revenue stream has been going down because the solid waste facility is losing customers. We have accumulated over a half million dollars in the Reserve account and there was no limit set by council. The only requirement was that 50% of the total revenues collected from the Community Trust Fund fees would be reserved. Council needs to address how much money needs to be collected in the fund and perhaps set a cap on the fund. The purpose of the Community Trust Fund is to provide additional insurance (self-insurance by the City) in the event that there were claims against the landfill operation and that the City would be able to insure some of that risk. The landfill is required to carry their own insurance on the facility. At some point the Community Trust Fund money can be used to pay down debt or for other community improvements. Mr. Hickle s opinion was that a half a million dollars should be enough. If council decides that the half million dollars is sufficient, then 100% of any future revenues collected could be utilized for other city needs. Mr. Swain does not like that the Wastewater Fund continues to be in the negative and asked what the current interest amount was that is being paid on the wastewater debt. Mrs.Young indicated that it was approximately $75,000 or more. Mr. Swain would like it if the amount of debt interest could be reduced and there was some discussion that reducing the debt interest was not feasible at this time because the revenue bonds used to construct the Wastewater plant are not currently callable. It will be approximately 2 years before we would be able to call those bonds without being penalized with early call penalties. Mayor Spaude stated that he didn t think that we DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 3

4 would need to reserve any amount of money as that is what the landfill owners have insurance for. There was some discussion about the contract requirements with ACMS. Council consensus was that City staff bring back a recommendation to the next meeting as to what would be an acceptable limit to maintain in the Community Trust Fund Reserve account. NEW BUSINESS 1. SECOND AND FINAL READING OF ORDINANCE , EXTENDING THE CAPACITY RESERVATION FEE MORATORIUM. Motion made Vice-Mayor Durham, and seconded by Councilman McCoy, to pass Ordinance on the second and final reading. Vice-Mayor Durham asked if the City was looking into the Capacity Reservation Fee Moratorium, due to the fact it was mentioned at the prior months meeting. City Manager, Bruce Hickle stated that staff would bring back a recommendation to Council that would revisit the moratorium and determine whether or not it would be the right time to start phasing in the Capacity Reservation Moratorium Fee. Councilman Swain stated that it would be in the best interest for all concerned. Mayor Spuade stated that in approximately 6 months staff would bring recommendations back to Council for review. Mayor Spaude further stated that if the moratorium is brought back that it would go into reserve for the plant. Roll call vote: Councilman Swain Yea, Councilwoman McCoy Yea, Councilwoman Davis Yea, Vice-Mayor Durham Yea, Motion made by Mayor Spaude, and seconded by Councilman Swain, to read New Business items 2-11 by title only. Motion carried 5/0. 2. SECOND AND FINAL READING OF ORDINANCE , ANNEXING CERTAIN REAL PROPERTY OWNED BY CAROLYN A. BLANTON INTO THE CORPORATE LIMITS, PARCEL N04=006. Motion made by Councilman Swain, and seconded by Councilwoman Davis, to pass Ordinance on the second and final reading. Roll call vote: Councilman Swain DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 4

5 3. SECOND AND FINAL READING OF ORDINANCE , DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS RVP, (RECREATIONAL VEHICLE PARK) LAND USE FOR PARCEL N04=006. Motion made by Councilman Swain, and seconded by Councilwoman McCoy, to pass Ordinance on the second and final reading. Roll call vote: Councilman Swain 4. SECOND AND FINAL READING OF ORDINANCE , DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS A RV PARK, (RECREATIONAL VEHICLE PARK) ZONING DISTRICT FOR PARCEL N04=006. Ordinance on the second and final reading. Roll call vote: Councilman Swain 5. SECOND AND FINAL READING OF ORDINANCE , ANNEXING CERTAIN REAL PROPERTY OWNED BY CAROLYN A. BLANTON INTO THE CORPORATE LIMITS, PARCEL N04=006. Ordinance on the second and final reading. Roll call vote: Councilman Swain 6. SECOND AND FINAL READING OF ORDINANCE , DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS RVP, (RECREATIONAL VEHICLE PARK) LAND USE FOR PARCEL N04=006. Ordinance on the second and final reading. Roll call vote: Councilman Swain DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 5

6 7. SECOND AND FINAL READING OF ORDINANCE , DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS A RV PARK, (RECREATIONAL VEHICLE PARK) ZONING DISTRICT FOR PARCEL N04=006. Ordinance on the second and final reading. Roll call vote: Councilman Swain 8. FIRST READING OF ORDINANCE , AN ORDINANCE OF THE CITY OF BUSHNELL, FLORIDA, ANNEXING CERTAIN REAL PROPERTY INTO THE CORPORATE LIMITS OF THE CITY BY VOLUNTARY ANNEXATION; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SUCH LANDS; AND PROVIDING AN EFFECTIVE DATE. OWNER HABITAT FOR HUMANITY OF LAKE-SUMTER FLORIDA, INC. PARCEL N17D504. Ordinance on the second and final reading. Roll call vote: Councilman Swain 9. FIRST READING OF ORDINANCE , AN ORDINANCE OF THE CITY OF BUSHNELL, FLORIDA, PROVIDING FOR A SMALL SCALE COMPREHENSIVE PLAN AMENDMENT DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS MDR, (MEDIUM DENSITY RESIDENTIAL), ON THE FUTURE LAND USE MAP; AND PROVIDING AN EFFECTIVE DATE. OWNER HABITAT FOR HUMANITY OF LAKE-SUMTER FLORIDA, INC. PARCEL N17D504. Ordinance on the second and final reading. Roll call vote: Councilman Swain DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 6

7 10. FIRST READING OF ORDINANCE , AN ORDINANCE OF THE CITY OF BUSHNELL, FLORIDA, DESIGNATING CERTAIN REAL PROPERTY ANNEXED INTO THE CITY AS RSF-4, (SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL), ZONING DISTRICT; AND PROVIDING A EFFECTIVE DATE. OWNER HABITAT FOR HUMANITY OF LAKE-SUMTER FLORIDA, INC. PARCEL N17D504. Ordinance on the second and final reading. Roll call vote: Councilman Swain 11. FIRST READING OF ORDINANCE , AN ORDINANCE OF THE CITY OF BUSHNELL, FLORIDA, DESIGNATING CERTAIN REAL PROPERTY LOCATED IN THE CITY AS A CATEGORY CFD, (COMMUNITY FACILITIES DISTRICT); AND PROVIDING AN EFFECTIVE DATE. OWNER SUMTER COUNTY YOUTH CHARITY, INC. PARCEL N22=023. Ordinance on the second and final reading. Roll call vote: Councilman Swain 12. APPROVAL OF THE RESOLUTION TO UPDATE THE INTERLOCAL AGREEMENT FOR THE LAKE-SUMTER MPO (METROPOLITAN PLANNING ORGANIZATION). Motion made by Vice-Mayor Durham, and seconded by Councilman Swain, to approve the resolution to update the interlocal agreement for the Lake-Sumter MPO (Metropolitan Planning Organization). Mr. Lyons asked who was on the MPO committees. Mayor Spaude stated that he was on the executive and governing committees and Director of Zoning and Code Compliance, Denise Lee is on the technical committee. Motion carried 5/0. DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 7

8 13. METROPOLITAN PLANNING ORGANIZATION (MPO) NOTICE OF TERM EXPIRATION OF CITIZENS ADVISORY COMMITTEE (CAC) AND BICYCLE & PEDESTRIAN ADVISORY COMMITTEE (BPAC). Mayor Spaude asked anyone present if they would like to volunteer to be on one or both committees. Hal Lyons volunteered to represent the BPAC and the CAC committees. Motion made by Vice-Mayor Durham, and seconded by Mayor Spaude, to approve the Metropolitan Planning Organization (MPO) notice of term nomination of Hal Lyons to the citizen s advisory committee (CAC) and bicycle & pedestrian advisory committee (BPAC). Motion carried 5/ RECOMMENDATION TO APPROVE AMENDMENTS TO THE PERSONNEL POLICY. Motion made by Vice-Mayor Durham, and seconded by Councilwoman Davis, to approve the recommendation of the amendments to the personnel policy. There was discussion regarding some of the amendments to the policy. Councilman Swain asked if the recommendations came from a committee. HR Director, Kelly Marcoux stated the recommendations came from various comments that came up through the year, the Mayor, federal laws that change and recommendations for clarification. Councilman Swain asked about the policy for the retirees under age 65 and the cell phone policy. Mayor Spaude commented on the policy for pay for the employees. The Mayor stated if there was a miscalculation of pay that was an error on behalf of City staff that the employee should receive the corrected pay right away. The Mayor further stated the harassment policy language might need to be updated due to the age factor in the policy. Ms. Marcoux stated that the language for the harassment policy came from the Federal Fair Labor Standards Act. Mayor Spaude also commented on the drug and alcohol policy and asked where the language came from. Ms. Marcoux stated the language came from recommendation from the City s insurance provider. City Manager, Bruce Hickle stated that staff would update and clarify the amendments to the personnel policy and bring back to Council in January for review and approval. 15. REQUEST FOR APPROVAL OF THE PROPOSAL FOR A COMPREHENSIVE COMPENSATION STUDY. Motion made by Vice-Mayor Durham, and seconded by Councilman Davis, to approve the request of the proposal for a comprehensive compensation study. Motion carried 5/0. DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 8

9 16. RECOMMENDATION FOR APPROVAL TO HOST A COMMUNITY WIDE HEALTH AND WELLNESS FAIR COORDINATED BY REBECCA MORRISON. Motion made by Councilman Swain, and seconded by Councilwoman Davis, to approve the recommendation to host a community wide health and wellness fair coordinated by Rebecca Morrison. Motion carried 5/ REQUEST FOR A SPONSORSHIP DONATION FROM SOUTH SUMTER HIGH SCHOOL R.E.D. (RAIDER ENTREPRENEUR DREAMS). Motion made by Councilman Swain, and seconded by Vice-Mayor Durham, to approve a $ donation to South Sumter High School R.E.D. (Raider Entrepreneur Dreams). Motion carried 5/0. INFORMATION 1. THE SUMTER COUNTY LEGISLATIVE DELEGATION WILL HOLD A PUBLIC HEARING ON THURSDAY, DECEMBER 10, THE HEARING WILL TAKE PLACE FROM 2:00 P.M. UNTIL 5:00 P.M. AT THE VILLAGES SUMTER COUNTY SERVICE CENTER, CONFERENCE ROOM 102, LOCATED AT 7375 POWELL ROAD, WILDWOOD, FLORIDA. Mayor Spaude gave the update on the Sumter County Legislative Delegation. Councilman Swain stated that someone should attend to represent the City. City Manager, Bruce Hickle stated that he would try to attend. 2. INVITATION TO A PUBLIC INFORMATION MEETING REGARDING PLANS TO WIDEN STATE ROAD 48 FROM A THREE-LANE ROAD TO A FIVE-LANE ROADWAY IN SUMTER COUNTY. THE MEETING WILL BE AN OPEN-HOUSE MEETING FROM 5:30 P.M. TO 7:00 P.M. TUESDAY, DECEMBER 1, 2015 AT BUSHNELL CITY HALL COUNCIL CHAMBERS, 117 E. JOE P. STRICKLAND, JR. AVENUE BUSHNELL, FL CITY MANAGER REPORT AND REQUEST City Manager, Bruce Hickle stated there was discussion in connection with the capacity reservation charge about commercial growth and the signs of life in the City. Mr. Hickle shared some of the potential commercial development projects; large parcel for a grocery store and auto parts store, parcel for a tractor store, medical clinic, RV park expansion, truck stop, donut shop, and a new RV park expansion that would require water/sewer DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 9

10 connections. Mr. Hickle further stated that the City has development projects that are in progress; apartment complex, vet clinic, pet crematory, industrial park and a church. CITY CLERK REPORT AND REQUEST 1. REMINDER OF THE CHARTER REVIEW COMMITTEE MEETING ON JANUARY 6, 2016 AT 5:15 P.M. City Clerk, Christina Dixon gave the Charter review update. DEPARTMENT HEAD REPORT AND REQUEST UTILITY PROGRAMS COORDINATOR - RONDA CASON HR DIRECTOR/ASSISTANT CITY CLERK- KELLY MARCOUX FINANCE DIRECTOR - JODY YOUNG ASSISTANT CITY MANAGER ADMINISTRATION SERVICES- SUSAN NOELL Assistant City Manager Admin. Services, Susan Noell gave an update on the Christmas Parade & Santa in the Park on December 12 th, South Sumter Middle and High School Holiday Concert on December 17 th, and upcoming movies in the Park. Ms. Noell also informed the Council and the citizens present the SECO Energy and SECO s Attorney had came onsite to the City Hall for a public records inspection that lasted for 3 days. Ms. Noell further stated that SECO had examined City Manager, Bruce Hickle s personal cell phone, texts, s, phone records, laptop computer, I Pad, desktop computer and desktop calendars. Ms. Noell also stated that SECO examined all of the City s electronic files and took any documents they wanted during the inspection. DIRECTOR OF PUBLIC WORKS - MIKE EASTBURN 1. UPDATE ON THE CLOSING AND RE-OPENING OF THE INTERSECTION AT EAST SEMINOLE AVE. Director of Public Works, Mike Eastburn gave an update on the construction at the intersection crossing at East Seminole. Mr. Eastburn also gave an update on the vandalism that occurred at the Kenny Dixon Complex resulting in approximately $3,800 in damages to the concession stand and pavilion. SUMTER COUNTY SHERIFF'S DEPARTMENT - LT. PAT BREEDEN Lt. Pat Breeden gave the update to Council that 3 arrests were made in conjunction with the vandalism in Kenny Dixon Park. DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 10

11 DIRECTOR OF ZONING AND CODE COMPLIANCE - DENISE LEE CITY COUNCIL COMMENTS AND INFORMATION Councilman Dale Swain asked staff how many children the City usually has at the Santa in the Park. Susan Noell, stated that the City typically plans for around 400 children. Mr. Swain stated that he was asking for someone that wanted to contribute to the children. CORRESPONDENCE 1. LETTER FROM BRIGHTHOUSE. 2. THANK YOU LETTER FROM MID FLORIDA COMMUNITY SERVICES, INC. DEPARTMENT REPORTS ADJOURN Motion made by Councilman Swain and seconded by Vice-Mayor Durham to adjourn the meeting. Motion carried 5/0. If any person decides to appeal any decision of the City Council, with respect to any matter considered at such meeting or hearing, he or she will need a record of such proceeding, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Fla. Stat. Sec Agendas and full City Council packet information can be downloaded from the City's website, If you wish to receive the agenda by , please sign up on the City's homepage under "Agenda List". Contact the City of Bushnell at if you have questions. DECEMBER 7, 2015 REGULAR MEETING MINUTES Page 11