MAYOR AND CITY COUNCIL Tuesday, June 7, 2011

Transcription

1 CITY OF MOUNT DORA, FLORIDA Regular Meeting MAYOR AND CITY COUNCIL Tuesday, June 7, 2011 M I N U T E S City Hall Board Room Having been duly advertised as required by law, Vice-Mayor Bob Thielhelm called the regular meeting of the Mount Dora City Council to order at 7:30 p.m. on Tuesday, June 7, Police Chief Randy Scoggins gave the invocation and led in the Pledge of Allegiance to the Flag. PRESENT: Vice-Mayor Bob Thielhelm, Council Members Janet Coffman, Tom Eppich, Vasco Watters, Dennis Wood and James Yatsuk; City Manager Michael Quinn, City Attorney Cliff Shepard and City Clerk Gwen Keough-Johns ALSO PRESENT: Finance Director Jim Williams, Planning & Development Director Mark Reggentin, Assistant Planning & Development Director Gus Gianikas, Police Chief Randy Scoggins, Fire Chief Skip Kerkhof and Library Director Stephanie Haimes NOT PRESENT: Mayor Melissa DeMarco PUBLIC APPEARANCES Ms. Cathy Hoescht, President of the Chamber of Commerce, as cooperative member with the Mount Dora Village Merchants Association, presented the newly printed Visitor s map. She explained the layout of the map. Mr. Carl Ludecke, Charlie Johnson Builders, spoke to City Council about a recent project involving the Mount Dora Electric Department. Mr. Quinn had a personal meeting with Mr. Ludecke and has been working with the Public Works Department to get the issue resolved. PRESENTATIONS Introduction of Forres, Scotland Exchange Students: Kassandra Kertesz and Molly Mullen Mr. Bill Gearing, President of Mount Dora Sister Cities Association, introduced two exchange students who will be visiting Forres Scotland this summer. Forres Heritage Trust, John McKensie, stated t the United States Flag will be flown on top of their Nelson Tower on June 12, 2011, to welcome Kassandra and Molly. The City Council meeting was adjourned at approximately 7:13 p.m. to meet as the NECRA Board. The City Council reconvened at approximately 7:24 p.m.

2 CONSENT AGENDA 1. Approval of Change Order for the Simpson Cove Project 2. Approval of Purchase of Portable Generator from Tradewinds Power Corporation 3. Approval of City Council Meeting Minutes dated May 17, 2011 Mr. Wood pulled item 2 for discussion. Mr. Eppich moved to approve consent agenda items 1 and 3. Mr. Yatsuk seconded the motion. The motion was approved unanimously. Mr. Wood asked if it would be a problem if the generator was not purchased. Mr. Hammond said the generator being replaced is an old military generator and can no longer get parts. Mr. Yatsuk moved to approve consent agenda item 2. Ms. Coffman seconded the motion. The motion was approved unanimously. PUBLIC HEARINGS ORDINANCES Final Reading of Ordinance ; Extension of Moratorium on Pain Management Clinics Mr. Shepard read Ordinance by title only. ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNT DORA, LAKE COUNTY, FLORIDA, EXTENDING TEMPORARY MORATORIUM FOR ONE HUNDRED AND EIGHTY (180) DAYS ON ACCEPTANCE, REVIEW, PROCESSING, OR APPROVAL OF APPLICATIONS FOR DEVELOPMENT, BUILDING PERMITS, SITE PLANS, DEVELOPMENT ORDERS, AND LAND USE ACTIVITIES WHICH WOULD ALLOW OR PERMIT THE CONSTRUCTION OF PAIN CLINICS OR PAIN MANAGEMENT CLINICS WITHIN THE CITY; EXTENDING TEMPORARY MORATORIUM FOR ONE HUNDRED AND EIGHTY (180) DAYS ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR THE OPERATION OF PAIN CLINICS AND PAIN MANAGEMENT CLINICS; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR NON- CODIFICATION; PROVIDING AN EFFECTIVE DATE. Mr. Yatsuk moved to approve Ordinance Mr. Wood seconded the motion. The motion was approved by roll call vote. City Council June 7, 2011 Page 2 of 6

3 Mr. Watters Yes Mr. Yatsuk Yes Ms. Coffman Yes Vice-Mayor Thielhelm Yes Mr. Eppich Yes RESOLUTIONS Approval of Resolution , Opposing Numeric Nutrient Criteria Mr. Shepard read Resolution by title only. RESOLUTION A RESOLUTION OF THE CITY OF MOUNT DORA, FLORIDA, REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AFFIRMATIVELY CONSIDER AND GRANT THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION S PETITION REQUESTING THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WITHDRAW ITS DETERMINATION THAT NUMERIC NUTRIENT CRITERIA ARE NEEDED IN ONLY FLORIDA; REPEAL FEDERALLY-PROMUGATED NUMERIC NUTIRENT CRITERIA FOR FLORIDA; DISCONTINUE PROPOSING OR PROMULGATING ADDITIONAL NUMERIC NUTRIENT CRITERIA IN FLORIDA; AND, PROVIDING AN EFFECTIVE DATE. Mr. Shepard explained the history of the proposed Resolution. In a Clean Water Act, a citizen suit was filed against the United States Environmental Protection Agency (EPA), alleging that it had a mandatory duty to adopt numeric nutrient criteria in Florida. In January 2009, EPA issued a Necessity Determination that criteria were necessary, and in December 2010 promulgated criteria for lakes, rivers and streams in Florida. This Resolution supports the Florida League of Cities and the Florida Stormwater Association supporting FDEP s efforts to petition EPA to withdraw the federally-imposed numeric criteria. Adoption of this criteria would substantially increase utility bills to meet the proposed EPA criteria if not overturned. Mr. Thielhelm expressed concern that there are levels of nutrients in local waters. Mr. Thielhelm would recommend a community education program with regard to phosphatecontaining fertilizers, encouraging the public to use only non-phosphate containing fertilizers. Mr. Shepard advised the City Council not to mix two items. However, as a separate issue and beyond education, he noted that other jurisdictions have adopted strict criteria regarding fertilizers and vendors are regulated which imposes upon the residents, a requirement that high nitrogen based fertilizers not be used. City Council June 7, 2011 Page 3 of 6

4 Mr. Quinn a suggested another resolution be drafted for City Council as part of the overall program to protect waterways. Mr. Yatsuk moved to approve Resolution Mr. Eppich seconded the motion. The motion was approved by roll call vote. Ms. Coffman Yes Mr. Watters Yes Mr. Eppich Yes Vice-Mayor Thielhelm Yes Mr. Yatsuk Yes City Council asked staff to gather information for public education about fertilizers. Approval of Resolution , FEMA Grant Funding RESOLUTION A RESOLUTION OF THE CITY OF MOUNT DORA, FLORIDA, ADOPTING THE LAKE COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AND PROVIDING AN EFFECTIVE DATE. Police Chief Scoggins said the resolution meets state and federal guidelines with regard to FEMA grants during hazard mitigation. He said this does not impact the City s ability to get reimbursed for legitimate expenses if designated a disaster area as long as documentation is adequate. Mr. Sean Loughlin was present from Lake County to answer questions. Mr. Wood moved to approve. Mr. Eppich seconded. Mr. Loughlin clarified this program as specifically for mitigation programs. Mr. Eppich Yes Ms. Coffman Yes Mr. Yatsuk Yes Vice-Mayor Thielhelm Yes Mr. Watters Yes COUNCIL CONSIDERATION/DISCUSSION OF DEPARTMENTAL TOPICS CITY MANAGER PLANNING & DEVELOPMENT City Council Redistricting Mr. Reggentin stated every ten years, coinciding with the release of census data, government entities are required to reapportion the voting age population into equal districts to ensure equal representation of the public in their elected bodies. According to the Charter of the City of City Council June 7, 2011 Page 4 of 6

5 Mount Dora, four of the seven elected officials represent districts. Based upon this provision, the voting age population of the City must be re-evaluated and divided into equal districts. Mr. Yatsuk moved to approve the proposed City Council redistricting. Mr. Eppich seconded the motion. The motion was approved unanimously. Mr. Reggentin said an ordinance will be prepared to amend the Code of Ordinances with a description of the districts. PARKS & RECREATION Approval of Site Plan Approval for Recreation and Nature Park Mr. Reggentin said prior to Planning & Zoning acting on an application; approval from the owner is required. The City Council sits as owner of the property. Mr. Quinn said the project is currently funded in part by a state grant. In the original grant for $200,000, there were no road improvements to Ninth. In the last few months the state has approved an adjustment to the plans agreeing to allow a playground area rather than a kayak launch along with some other changes and improvements. Mr. Yatsuk moved to approve the Recreation and Nature Park Site Plan. Ms. Coffman seconded the motion. The motion was approved unanimously. BOARD APPOINTMENTS If you or someone you know is interested in supporting the City through service on a Board or Committee, please contact Gwen Keough- Johns, City Clerk at (352) or complete an application online at 8A05-49A7-AE31-DBFCAAA4A5EF%7D/uploads/%7BCE77DD A4F-3B6C084B1CF6%7D.PDF New Appointment to CRA Advisory Committee CITYATTORNEY INFORMATION / REPORTS OTHER BUSINESS Lyle Sumek will be returning on July 5, 2011 to finish up the governance training. Mr. Quinn said staff will respond to a letter received from FDOT in regard to Mr. Wheeler s recent complaints about ADA compliance issues. Public Works staff is working on a response along with supporting documentation. Since 1992, the ADA Act does not require everything to be repaired but they require a plan to bring inadequate facilities into compliance over time. The City has been budgeting improvement funds every year to update infrastructure and will continue. Mr. Quinn is working on a plan, with regard to the Dogwood Mountain Stormwater issue, to be presented to City Council for approval. City Council June 7, 2011 Page 5 of 6

6 Mr. Eppich asked Mr. Reggentin what the media plan is for the upcoming Visioning Charrettes. Mr. Reggentin said a press release has been prepared, signs will go back up and there will be an distribution as well as additional information added to the website. Mr. Yatsuk said the Wine and Blues Festival and the Taste of Mount Dora were both successful events. Mr..Wood thanked Chief Scoggins for organizing a meeting with Overlook Drive citizens. Mr. Wood thanked Mr. Quinn for the progress on the Dogwood Mountain issue. Mr. Wood asked why there isn t a longer billing time before utility bills have to be paid. Mr. Williams explained the process and said customers should have a reasonable amount of time in which to pay their bill. Mr. Watters asked if the City has credit card capability and Mr. Williams said yes. Mr. Thielhelm said last Friday at the East Lake Task Force, FDOT announced the PD&E study for widening of US 441 has been extended to line up with the Wekiva Interface location. Mr. Thielhelm and City Council asked staff to further investigate customer service agreements that would assist the City in enforcing conservation practices on everyone receiving City water even though some of those residents are outside of the City limits. This effort would require cooperation with Orange and Lake Counties. ADJOURNMENT There being no further business for discussion, the meeting adjourned at approximately 8:15pm. Melissa DeMarco, Mayor Gwen Keough-Johns, City Clerk City Council June 7, 2011 Page 6 of 6