Roll Call was performed, and it was determined that a quorum was present.

Transcription

1 TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES REGULAR SESSION MONDAY TOWN HALL Having been duly advertised as required by law, Mayor Robert Natale called the Regular Session meeting to order at 7.03pm. Vice-Mayor Mack gave the invocation and Mayor Natale led the Pledge of Allegiance. Members Present: Robert Natale, Mayor Mitchell Mack, Vice-Mayor Gayle Sikkema Stephen Cross Absent: Kimberly Kobera Staff Present: Graham Wells, Town Clerk Jane Whaley, Deputy Clerk Walter Hoagland, Police Chief Zachary Broome, Town Attorney Roll Call was performed, and it was determined that a quorum was present. AGENDA REVIEW Clerk Wells said that item 3. In New Business was to be removed, however Attorney Broome had an update, so the agenda was left as written. SWEARING IN OF ELECTED OFFICERS At this point Mayor Natale was called forward to take the oath of office, followed by Councilors Cross, Mack, and Sikkema. Each member was sworn in by Clerk Wells. APPOINTMENT OF VICE-MAYOR Mayor Natale requested nominations for the appointment of Vice-Mayor. MOTION by Councilman Cross to nominate Councilman Mack; SECONDED by Councilwoman Sikkema MINUTE APPROVAL Approval of Minutes for October 8, 2018 Regular Council Meeting Approval of Minutes for October 22, 2018 Planning Workshop Page 1 of 9

2 MOTION by Councilwoman Sikkema to approve the minutes shown above; SECONDED by Councilman Mack OLD BUSINESS - There was no old business NEW BUSINESS RESOLUTION 2018R Budget amendment for the fiscal year A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR THE TOWN OF ASTATULA FOR FISCAL YEAR Mayor Natale read the title and the following statement: The budget for was approved at the fund level. The appropriated expenditures in the general fund were $1,085,382 and the actual expenditures are $1,090,615 leaving a budget imbalance of $5, It is recommended that the Town make a budget amendment of $10, to cover this and leave a small buffer should any unexpected invoices relating to this fiscal year be received. The Town has only sixty days after the year end to make an amendment. Clerk Wells explained the rationale behind the budget amendment figures and Mayor Natale requested a motion to approve. MOTION by Councilman Cross to approve Resolution 2018R; SECONDED by Councilman Mack. A Roll Call Vote was Requested: Cross YES Mack YES Sikkema YES Natale, YES Kobera Absent REVISED INTERLOCAL AGREEMENT BETWEEN THE TOWN AND LAKE COUNTY FOR COUNTY MATERIALS. County Materials is developing a fire suppression system, part of which falls in the jurisdiction of the Town and part in the jurisdiction of Lake County creating an issue with permitting and inspections. County Material desires to annex the parcel into the Town and this agreement, if approved, allows the construction of the system to go ahead pending the completion of the annexation. Page 2 of 9

3 The agreement will have to be approved by the Lake County Board of County Commissioners. This revised document has an accurate account of the parcels and the current ownership. Attorney Broome went over the changes that had been made to the agreement and agreed by the County attorney and the implications to the Town. He also discussed the ownership of the lots that were affected by the fire suppression system. Following some discussion, the Mayor requested a motion to approve the agreement. MOTION by Councilman Cross to approve the interlocal agreement to go to the County subject to County Materials making an application for annexation; SECONDED by Councilman Mack AGREEMENT BETWEEN THE TOWN AND COUNTY MATERIALS FOR ANNEXATION AND TEN-YEAR TAX ABATEMENT Attorney Broome explained that a tax abatement could only be done if approved by a referendum. It could not be done by ordinance or resolution as it would be using public funds for private purpose. To go down the referendum route would require it to go on the ballot at a general or special election. Discussion took place, but no conclusion was determined. RENEWAL OF THE PERMIT INSPECTION CONTRACT WITH NOVA Clerk Wells advised Council that the public records paragraph required by the Town had been inserted and the changes to the scope of services on page nine that Councilman Cross had requested had been made. The contract changes had been approved by NOVA and a motion to approve the final draft by Council was requested. MOTION by Councilman Cross to approve the contract for professional services between the Town and NOVA Engineering; SECONDED by Councilwoman Sikkema For: Cross, Natale, Sikkema MOTION CARRIED 3-0 Councilman Mack had left the meeting and was not available when the vote was taken. APPROVAL OF NEW CONTRACT FOR FIRE INSPECTIONS WITH KERRY BARNETT Fire inspections were part of the agreement that the Town had with NOVA. It was agreed by all parties that on renewal of the NOVA contract, Kerry Barnett would contract directly with the Town for Fire Inspections. Page 3 of 9

4 Clerk Wells explained that the contract proposal from Kerry Barnett had been reviewed by attorney Broome and a number of typos had been rectified. The contract term is for three years with a thirty-day termination clause at any time. Discussion ensued on Kerry s qualification and fee rate and whether an RFQ should be issued. It was noted that the Town through NOVA had been dealing with him for many years. Clerk Wells also commented that the vast majority of his services were for commercial projects and therefore once County Materials and Astatula Baptist Church were concluded, the need for his services would be minimal. Being no further discussion a motion to approve the contract was requested. MOTION by Councilman Cross to approve the proposal subject to the inclusion of the public records clause and the cleanup of the minor language in the agreement by the attorney; SECONDED by Councilman Mack APPROVAL OF VERBIAGE CHANGE TO THE FEE SCHEDULE To further reduce the ambiguity as to what constitutes a permit fee; staff would request a minor change to the verbiage on page 3 of the fee schedule. This is regarding the penalty for After the Fact permits where work is started before a permit is issued. The Current Verbiage reads: After the Fact Permits: Double Permit Fee To be replaced with: After the Fact Permits: Administrative Penalty Fee (Equal to the Permit Fee) Clerk Wells explained the reason for the amendment and a motion to approve the change was made by Councilman Cross. MOTION by Councilman Cross to approve the amendment to the verbiage on the fee schedule as shown above; SECONDED by Councilwoman Sikkema APPROVAL OF PAYMENT OF MANAGEMENT BONUS IN FIRST PAY PERIOD IN DECEMBER Clerk Wells reminded Council that an amount had been budgeted to pay each employee and Police Officer $ as a Christmas bonus. It had been requested by Councilman Cross at the time the budget was approved for it to be brought back to Council before payment was made. Page 4 of 9

5 MOTION by Councilman Mack to approve the payment of the bonuses; SECONDED by Councilman Cross APPROVAL OF LETTER FOR THE CEMETERY TO BE SENT OUT TO TOWN RESIDENTS There is a major issue with the types and style of decoration of grave sites in the cemetery. The Town put up notices some months back informing residents to clean their sites up which produced some considerable opposition. The Council requested the formation of a committee to deal with the issue and this letter is their first attempt to address the issue. Mayor Natale felt that the letter just reiterated the rules and the notice that caused the original uproar from the residents. Deputy Clerk Whaley responded that part of the criticism was that everyone was not noticed, only those who saw the signs at the cemetery and at town hall. The letter does address this point. The issue is that historically the town has not enforced the rules within the ordinance and some of the benches and decorations have been there for many years. Mayor Natale stated that the residents neither own the land or maintain it so they are required to follow the code. He added however that he wanted the committee to review what was working and what specifically needed to be looked at and report back to Council. Councilman Cross said that there was nothing unusual in our code that was not in every other cities cemetery rules. Councilwoman Sikkema felt that the letter should be sent from the Council explaining that there was an issue with some grave sites and that a committee had been set up to look at the issues. Mr. Sean Donnelly, Tennessee Avenue suggested that a board with the rules on it be posted at each entrance of the cemetery. It was also suggested that benches be permanent monuments if they were made of stone or concrete. Following further discussion, Mayor Natale requested a motion to send the letter out or not. Clerk Wells suggested that staff rewrite the letter to take all reference to fundraising and give final notice to clean their sites up. A motion to proceed was not forthcoming so discussion ended and moved to the next agenda item. PROPOSAL TO SELL THE PARCEL OF LAND THAT WAS QUIT CLAIMED TO THE TOWN ON MADISON STREET Proposal for the Sale and Purchase of Parcel at Madison Street AK # The parcel was quit claim deeded to the Town by the owner s Homes in Partnership, Inc who had a code enforcement lien on the property. The Town s intention was to clean up the lot and sell it. Page 5 of 9

6 An offer to purchase the property as is for $10,000 with the request for six months to clean it up has been received by Orita and Laurent Issartel. Council was requested to review the proposal and discuss what the Town s options are for the property. Councilman Cross stated that the property should be offered for sale by sealed bid. He had researched similar properties that had been sold in 2018 and the average sale price was $22,000. In 2017 the average price was $31,000. He acknowledged that the lot was small and had some issues. Mayor Natale said that it should be listed for sale so that anyone can make an offer before it is sold to the Issartel s. Councilman Cross insisted that the trash is taken out and mowed before it was listed for sale. Adjacent property owners should also be notified of the sale. Discussion took place whether to list it with a Real Estate firm, however an advert for sealed bid offers in the Daily Commercial was preferred to avoid creating an RFQ to engage a Real Estate firm. Buyers would be responsible for all closing costs. With widely differing opinions with what should be done to sell the property, Mayor Natale requested a motion that could be voted on. COUNCILMAN CROSS MADE A MOTION to accept sealed bids for the property As Is requiring the grounds to be cleaned up within two weeks and to demolish or pull permits to renovate the structure within three months. Closing costs to be the burden of the buyer. The property would be advertised in the Daily Commercial, adjacent residents to be notified and dates set to receive the bids. THE MOTION WAS SECONDED BY COUNCILMAN MACK For: Cross, Mack, Sikkema Against: Natale MOTION CARRIED 3-0 DISCUSSION ON ITEMS TO BE INCLUDED IN THE NOVEMBER NEWSLETTER AND FLYER Clerk Wells showed the flyer that was going out for Light up Astatula through the Post Office every door delivery mail. The Newsletter could be added to the back side of the flyer. This would be the cheapest way to get it out to every home in the Towns zip code. He asked what Council would like included in the newsletter. Mayor Natale suggested the twenty-year master plan and invite residents to attend the meetings. Councilman Cross wanted an update for the new community building. Councilman Mack would provide a front elevation. Other suggestions were the new public works employee, home rule, election results and the road paving in East Lake Harris Estates. At this point Clerk Wells gave an update on the order of proceedings for the Light up Astatula festival. It would start at 6:30 pm and go through to the last child had their photo taken. He agreed to send the jpeg of the flyer to be added to the Towns and Astatula Peeps Facebook pages and the town website. Posters were also being printed to be put around town. Page 6 of 9

7 UPDATE ON THE ROAD PAVING FOR ZINNIA AND AZALEA VICE-MAYOR MACK Councilman Mack gave an update on the issues with the engineer who had not given an estimate to DAB. Ken Stewart had not stepped up and that was why we have not moved forward. Clerk Wells gave an explanation on the actions he had taken. Mr. Mack suggested that we go directly to Lake County and piggy back on their contract. Mayor Natale was very irritated with the progress and asked whether Council wished to terminate the service of Ken Stewart. MOTION by Councilman Cross to terminate the contract with Ken Stewart, Engineer and the town: SECONDED by Councilwoman Sikkema This motion was tabled while Attorney Broom check the termination clause on the contract. A further motion was requested authorizing Councilman Mack to solicit engineering services from Lake County. Motion made by Councilman Cross; SECONDED by Councilwoman Sikkema The contract with Ken Stewart only required a thirty-day notice so the original motion to terminate his contract was reheard and voted on again. MOTION by Councilman Cross to terminate the services with Ken Stewart with appropriate notice: SECONDED by Councilwoman Sikkema BUDGET AND FINANCE REPORT REVIEW Clerk Wells went over the financial report for the year and highlighted the increase in revenues due to the code enforcement settlement ($50,000), the sale of a police vehicle ($22,500) and the grant payment of $97,633 for the community building. He also went over the carry forward figure in expenses and the $35,000 in Dept. 513 which was a repayment to the Infrastructure fund. The final expenses only required the small budget amendment discussed and voted on earlier in the meeting. Page 7 of 9

8 Discussing the October finance report, Clerk Wells went over the deficiencies in Revenues which were not received in time for the Council meeting. He added that in future it would be better to have the full report for the meeting; October in December, November in January and so on. The Expenditures are actuals, but the revenues are only estimated. Invoices from vendors that are slow coming in will also affect the completeness of the overall report. He highlighted the bank balances on page two which showed a decrease of $86,542 in the general fund. This was due to the expenses exceeding revenues by $62,592 during the month and a payment of $20,810 which was paid to Lake County for impact fees. CITIZENS QUESTIONS AND COMMENT Henry Fujita Zinnia Lane brought up that the repaving of the roads in East Lake Harris Estates had still not been started. It was promised by the end of September. Mayor Natale said that the town has the funds, but the issues discussed earlier with the engineer had stalled the project. He said that it was a top priority to get the roads done. Karen Smith Orange Blossom Trail stated that Council allows residents three minutes to discuss something, but you, referring to the Mayor and Councilman Cross went back and forth on the discussion regarding item three on the agenda for an hour. She asked if the discussion could be limited to thirty minutes as people got bored with it. Mayor Natale responded that due to sunshine laws, council meetings were the only time that they could talk to each other, however he acknowledged the point Ms. Smith was making. Sean Donnelly Tennessee Avenue brought up the sale of the Madison Street property. He felt that due to safety reasons the Town should have it cleared and secured to avoid any liability. He also brought up the issue of noise where he lived and asked if there was a noise ordinance that could be enforced. Chief Hoagland and attorney Broome responded to his question. COUNCIL DEPARTMENT & COMMITTEE REPORT Economic Development Councilwoman Sikkema Still working on the franchise fee issue with OPTI-Fiber. Attorney Broome said that a fee would be due if the company was using our right-of-way which they are. Public Works Vice-Mayor Mack NONE Public Safety/Code Enforcement Councilwoman Kobera Absent. Office Finance Councilman Cross NONE. Office LDR s, Ordinances, Legal Mayor Natale NONE STAFF REPORTS Town Attorney Zachary Broome - NONE Page 8 of 9

9 Police Department Chief Hoagland gave a letter received from a resident showing appreciation for our Chief and police department to the Mayor to read. He showed pictures of the conditions they encountered while assisting local law enforcement after the Hurricane in Panama City. He gave his statistics report for October which included 468 calls, 79 warnings, 46 citations and 14 arrests. He also thanked the people who attended the Lake County Sheriffs Charity Gala. The issue brought up by Councilman Cross regarding Assistance to other Agencies was discussed and addressed. There had been 3,000 situations between January 2018 and October These could be backup assistance, the use of the Towns K9, and Breathalyzer equipment. There is a mutual aid agreement between Howey and Tavares and Astatula. The Chief added that this also included areas of the town technically located in Unincorporated Lake County. Councilman Cross reiterated that if the Lake County Sheriff s Office was not responding to these areas then there was a burden on Town of Astatula. He also reminded everyone that the Christmas party at the firing range was on December 9 th at 11:00 am. He would be providing barbeque and drinks. Town Clerk Graham Wells reminded Council of Lake Counties invitation to attend the swearing in of Sean Parks to the Lake County Board of County Commissioners on November 20, REVIEW a. Items for Workshops and possible dates - NONE b. No items were put forward for the next Council meeting. c. There were no items needing a special council meeting. COUNCIL MEMBER MISCELLANEOUS COMMENTS - NONE ADJOURNMENT There being no further business Mayor Natale adjourned the meeting at 10:27 pm. Respectfully submitted, Robert C. Natale. Mayor ATTEST: Graham Wells, Town Clerk Page 9 of 9