CITY OF DUNNELLON CITY COUNCIL MEETING

Transcription

1 CITY OF DUNNELLON CITY COUNCIL MEETING DATE: TIME: 5:30 p.m. PLACE: City Hall River Dr., Dunnellon, FL34431 CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Green called the meeting to order at approximately 5:30 p.m. and led the Council in the Pledge of Allegiance. Mayor Green asked to keep in prayers the passing of Willie Thomas, resident of Dunnellon, and two fallen officers from Orange County. Pastor Tom Welch provided the invocation. ROLL CALL The following members answered present at roll call: Walter Green, Mayor, Seat 1 Larry Winkler, Councilman, Seat 2 Chuck Dillon, Councilman, Seat 3 Valerie Hanchar, Councilwoman, Seat 4 Richard Hancock, Vice-Mayor, Seat 5 STAFF PRESENT Dawn Bowne, Interim City Manager/City Clerk Jan Smith, Finance Officer Mike McQuaig, Police Chief Troy Slattery, Fire Chief Lonnie Smith, Community Development Lynn Wyland, Staff Assistant LEGAL COUNSEL Andrew Hand Shepard, Smith & Cassady PROOF OF PUBLICATION Mrs. Bowne announced for the record the agenda for this meeting was posted on the City s website and City Hall bulletin board on Friday, January 6, Mayor Green s Comments Mayor Green asked that individuals wishing to address the City Council to please sign in at the beginning of the meeting on the Sign-In sheet. PUBLIC COMMENTS Joan Duggins, SW 88 th Loop, stated the City could save money on the electric bill next year by not having the Christmas lights burning twenty-four hours, seven days a week. Brenda D Arville, Camp Drive, stated she was touched by Vice-Mayor Hancock s presentation during the January 4 th workshop concerning the issues surrounding the

2 Page 2 Rainbow River. She stated after the presentation Councilman Dillon said he would like to see the Planning Commission work on solutions regarding the ingress and egress along the Rainbow River Corridor. She said she feels many of the problems could be addressed by the County. She suggested each month a board member attend a Commission meeting and provide a brief presentation. She said she believes a visual presentation would be most effective with the County. CONSENT AGENDA 1. City Council Workshop August 3, 2016 Workshop Minutes August 10, 2016 Special Workshop 2. City Council Minutes November 21, 2016 Special Meeting November 30, 2016 Special Meeting 3. Authorize Mayor to Sign Grant Agreement #AGR , FDLE Justice Assistance Grant Contract No JAGC-MARI-2-F9-174 for Police Department Body Cameras 4. Waive Sec. 6-4 of the City Code, Possession or Consumption on Public Property or on Private Property Without Permission, During the Hours of 4:00 p.m. to 8:00 p.m. on January 20, 2017, for Application PZ Grand Opening of the Rainbow Springs Art Cooperative, Restricted to the Indoors of W. Pennsylvania Avenue 5. Planning Commission Appointments Reappoint Tracy Fero to serve a three year term as a regular member of the Planning Commission effective 10/11/2016, term to expire 10/11/2019. Appoint Mary Ann Hilton to serve as a regular member of the Planning Commission effective 1/9/2017, term to expire 2/13/2018. (This position formerly held by Paul Cowan whose term was unexpired). Appoint Louise Kenny to serve as 1 st Alternate of the Planning Commission effective 1/9/2017, term to expire 1/12/2018. (This position formerly held by Mary Ann Hilton whose term was unexpired). 6. Historic Preservation Board Appointments Appoint James Burchett to serve as regular member of the Historic Preservation Board effective 1/9/2017 term to expire 1/9/2018. (This position formerly held by Doris Magursky whose term was unexpired).

3 Page 3 Appoint Martin Moughan to serve as 1 st Alternate to the Historic Preservation Board effective 1/9/2017 term to expire 1/9/2019. (This position was formerly vacant). 7. Tree Board Appointment Reappoint Sally Chesterfield to serve a two-year term as a regular member of the Tree Board effective 1/9/2017, term to expire 1/9/ Ratify Changes to Motorola Radio Equipment Lease Purchase Agreement #LEA Approve Proclamation #PRO , Dunnellon School Choice Week (Note: Motion to approve items on the consent agenda is a motion to approve recommended actions.) Councilman Dillon moved the consent agenda be approved as presented. Councilwoman Hanchar seconded the motion. The vote was taken and all were in favor. The vote was 5-0. REGULAR AGENDA AGENDA ITEM NO. 10 SPECIAL PRESENTATION FROM CITY COUNCIL TO MASTER SGT. ROBERT JOHNSON Chief McQuaig introduced Master Sgt. Robert Johnson and read the following inscription from the plaque: Presented to Master Sgt. Robert Johnson In appreciation for your time and efforts in assisting the City of Dunnellon in obtaining the donation of visual presentation equipment from Marion County Emergency Management. We would like to thank you for your concern for the welfare of the citizens of Dunnellon. City of Dunnellon City Council January 9, 2017 Mayor Green presented the plaque to Master Sgt. Johnson. Mrs. Bowne expressed her gratitude for the new equipment provided by Marion County. AGENDA ITEM NO. 11 STAFF PRESENTATION AND PUBLIC INPUT: USDA RURAL DEVELOPMENT COMMUNITY FACILITIES GRANT PROGRAM (Advertised in the Riverland News on December 29, 2016) JAN SMITH Mrs. Smith stated this public meeting is to inform the public of a plan to file an application for Federal Assistance with the USDA Rural Development Facilities Grant Program for the purchase of two (2) new patrol vehicles to replace older, high mileage vehicles, and the purchase of a server and switch for the Police Department. She stated the current server does not have the capacity required to store and back up the current volume of data, and the

4 Page 4 switch is required to alleviate a network bottleneck preventing a timely backup. She provided a breakdown of the cost and stated the required match is 25%, which is $23,014, and available from the Police Department Forfeiture Reserve Fund. Chief McQuaig provided pictures of the vehicles and answered questions from the public and Council. AGENDA ITEM NO. 12 APPLICATION FOR FEDERAL ASSISTANCE FOR THE PURCHASE OF TWO NEW POLICE VEHICLES, COMPUTER SERVER AND SWITCH FOR THE POLICE DEPARTMENT Councilwoman Hanchar moved to authorize staff to move forward with application for Federal Assistance for the purchase of two new police vehicles and a computer server and switch for the Police Department, and authorize the Mayor sign all required grant application forms. Vice-Mayor Hancock seconded the motion. The vote was taken and all were in favor. The vote was 5-0. AGENDA ITEM NO. 13 RAINBOW SPRINGS FIRE STATION WATER MAIN EXTENSION UPDATE Mrs. Bowne reported she was contacted by Davis Dinkins, Dinkins Engineering, and Marion County would be applying as the owner of the water line on the permits. AGENDA ITEM NO. 14 ASSIGNMENT OF LEASE #LEA TO OTI FIBER, LLC D/B/A/ OPTICAL TEL Mrs. Bowne stated the City was notified of the sale of Florida Fiber Network to OTI in December, 2016, which has been finalized. She said she was contacted by Luis Rodriquez from OTI asking what would be required for FFN to assign the lease to OTI. She explained Attorney Hand prepared an Assignment of Lease that would assign the original lease, which expires August, She stated both FFN and OTI representatives have signed the proposed Assignment of Lease should Council choose to approve. She explained there are two remaining conditions OTI has to meet; one is to provide the City a Certificate of Insurance meeting the requirements of the original lease and the other is to bring the rent up to date. Councilwoman Hanchar asked if there was a security deposit. Attorney Hand said no, this is an assignment of the original lease and there was no security deposit in the original lease. Council and staff engaged in lengthy discussion regarding both communication entities being involved in negotiations since the end of September, and failing in their due diligence by not notifying the City sooner regarding the assignment of lease. Council suggested renegotiating the lease and possibly raising the rent to what it was increasing to in August After much discussion, Attorney Hand stated the recommended motion would be to approve the proposed assignment contingent upon receiving the rent and certificate of insurance.

5 Page 5 Mrs. Bowne explained during her conversation with Mr. Rodriquez, he asked what OTI could do to bring the rent payment up to date. She then spoke to Attorney Hand, who advised the City not to accept any payment until the issue of the proposed assignment of lease was presented to Council. Councilman Dillon suggested Mr. Orshan pre-pay the rent in full until the end of the lease term and recoup payment from OTI. After further discussion among Council and staff, Councilman Dillon moved to assign the lease based on three (3) items being submitted prior to execution: 1.) Receive January s rent payment; 2.) Certificate of Insurance ; and 3.) Rent be pre-paid through lease term. Councilman Winkler seconded the motion. Council engaged in brief discussion regarding the City incurring expenses with the City Attorney. Councilman Dillon amended the motion to include OpticalTel shall absorb all costs of assigning of lease from January 1, 2017 forward. Mayor Green called for the vote. All members were in favor except Vice-Mayor Hancock who voted against the motion. The vote was 4-1. AGENDA ITEM NO. 15 PUBLIC HEARING ORDINANCE #ORD , MEDICAL MARIJUANA MORATORIUM (Posted on the City s Website on December 13, 2016 and November 11, 2016 and in the Riverland News on December 29, 2016 and December 01, 2016) Mayor Green graveled down and said, It is now 6:25 p.m. and I close the regular meeting and open the public hearing to discuss: Ordinance #ORD , Medical Marijuana Moratorium as advertised on December 29, 2016 and December 1, 2016 in the Riverland news and on the City s Website on December 12, 2016 and November 11, He said, All persons wishing to address the City Council will be asked to limit their comments to 3 minutes and the specific subject being addressed. Public opinions and input are valued by the Council. However, it is requested that comments are directed at specific issues rather than personal comments directed toward the Council members or staff in order to foster mutual respect between council members and the public. Members of the public in attendance at public forums should listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. Members of the public addressing City Council and boards/commissions on a specific project or proposal are requested to disclose any personal interest or relationship; and any business, professional, or financial interests with any individual, group, project or proposal

6 Page 6 regarding the subject matter under review. Members of the public should always err on the side of more public disclosure, not less, in order to provide integrity to the public process. Mayor Green asked for staff comments. Mrs. Bowne explained the moratorium temporarily prevents the filing of applications for new dispensing facilities and allows staff six (6) months to address the zoning before the Planning Commission and Council to determine the most appropriate locations within the City s corporate limits for dispensaries. Mayor Green asked if there were public comments. There were none. Mayor Green gaveled down and said, It is now 6:28 p.m. and I close the public hearing held to discuss Ordinance #ORD and reopen the January 9th council meeting. AGENDA ITEM NO. 16 SECOND AND FINAL READING ORDINANCE #ORD , MEDICAL MARIJUANA MORATORIUM Vice-Mayor Hancock moved Ordinance #ORD be read by title only. Councilman Dillon seconded the motion. The vote was taken and all were in favor. The vote was 5-0. Mrs. Bowne read the following: ORDINANCE #ORD AN ORDINANCE OF THE CITY OF DUNNELLON, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES FOR A PERIOD OF 180 DAYS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Dillon moved Ordinance #ORD be approved. Councilwoman Hanchar seconded the motion. Vice-Mayor Hancock suggested utilizing the 180 days to develop an ordinance and a timeline. Mrs. Bowne stated the Community Development department will provide a timeline. Attorney Hand said the only thing the City can control where the dispensaries are located. Mrs. Brenda D Arville, Planning Commission Chair, spoke regarding variances. The vote was taken and all were in favor. The vote was 5-0.

7 Page 7 AGENDA ITEM NO. 17 COUNCIL LIAISON REPORTS AND COMMENTS Councilman Winkler said he believes City Board members attending the County Commissioner meetings will help with the Rainbow River Corridor issues. Vice-Mayor Hancock discussed the Marion County Legislative Delegation Meeting and suggested Council and/or staff attend the meeting. He also reported on the possible merger of the Dunnellon Chamber of Commerce and the DBA and a meeting scheduled for January 10, AGENDA ITEM NO. 18 CITY ATTORNEY S REPORT There was none. AGENDA ITEM NO. 19 CITY MANAGER S REPORT Mrs. Bowne provided the following report: Interim City Manager Report 01/09/2017 City Clerk/City Manager CDBG Update: Survey data collection is complete on Ohio, Park, and Chestnut. Geotech field work is complete in all areas. Utility locates still on site and should complete field work by the end of the week. Fred Fox expected to complete the door to door survey over the weekend Kimley-Horn to begin design work next week. On track for on-time CDBG submittal by February 16th. Community Development: Planning Commission will hold a hearing to rezone the Delaware house from Public to R3 Multiple Dwelling on January 17 th. We are tentatively scheduling the first reading of the rezone ordinance before City Council on Feb 13 th and public hearing and final reading in March. McDonald s will be beginning construction on their drive through, increasing it to a two lane drive-thru by end of next week. The City has extended their building permit until 01/16 as it was about to expire.

8 Page 8 As requested by City Council, I did contract Troy Burrell about the Publix site plan and asked that they make an attempt to line up an entrance with the proposed development between Brannen Bank and Bubba Q s. CRA Advisory will be attempting to finalize a draft of the grant process on January 23rd to pass to the CRA Board for review. Michie Property Code Enforcement Case on Palmetto Way was noticed today and have until 01/27/16 to comply to avoid a Special Magistrate hearing. Public Services: The US 41 new crosswalk (Between City Hall and Carmella s/blue Gator) - Estimated construction date is March. Cemetery paving Preconstruction meeting is scheduled for January 13 th and Notice to Proceed will be issued with construction to be complete within 30 days. Temporary additional signage provided for closure of City Beach while improved signs are being made with the specific details discussed at the last council workshop Utilities: Woodard and Curran draft report is expected around January 23rd. The City s water tower passed its 5 year mandatory inspection. AGENDA ITEM NO. 20 ADJOURNMENT At approximately 7:00 p.m. Councilman Dillon moved the January 9, 2017 City Council meeting be adjourned. Councilwoman Hanchar seconded. All members voted in favor. The motion passed 5-0. Attest: Dawn Bowne, MMC City Clerk/Interim City Manager Walter Green, Mayor P:\minutes council meeting\ doc