MAYOR AND CITY COUNCIL Tuesday, August 07, 2012

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CITY OF MOUNT DORA, FLORIDA Regular Meeting MAYOR AND CITY COUNCIL Tuesday, August 07, 2012 M I N U T E S City Hall Board Room Having been duly advertised as required by law, Mayor Bob Thielhelm called the Regular City Council meeting to order at 7:00 p.m. on Tuesday, August 7, 2012. Chaplain Gordon Robinson gave the Invocation and led the Pledge of Allegiance to the Flag. PRESENT: Mayor Bob Thielhelm, Vice-Mayor Vasco Watters, Council Members Ryan Donovan, Bob Maraio, Denny Wood, Michael Tedder and James Yatsuk; City Manager Michael Quinn; C ity Attorney Cliff Shepard and City Clerk Gwen Johns OTHERS PRESENT: Planning & Development Director Mark Reggentin, Building Official Tom Allen, Assistant Planning & Development Director Gus Gianikas Finance Director Jim Williams, Fire Chief Skip Kerkhof, Deputy Fire Chief Tim Griner, Public Works Director Gary Hammond, Police Chief Randy Scoggins, Parks & Recreation Director Roy Hughes and Human Resources Director Ken Bloom, Public Information Officer Kelda Senior and Information Technology Manager Johnna Shamblin PUBLIC APPEARANCES Ms. Christine Cole spoke about the Plant and Garden Festival. She and the Visit Mount Dora Association have reached a compromise with regard to parking since the Farmer s Market is held at Elizabeth Evans Park and shared parking will be necessary. ADJUSTMENTS TO THE AGENDA Mr. Jim Williams, Finance Director, said communication to and from the community has improved with the new website. Ms. Johnna Shamblin, Information Technology Manager, gave an overview of navigating the City website. Mayor Thielhelm adjourned the City Council meeting at 7:14 p.m. to reconvene as the CRA Board. They reconvened as City Council at approximately 7:18.

CONSENT AGENDA 1. Approval of Special Event: 2012 Craft Fair pulled by Mr. Maraio 2. Approval of Special Event: 2012 Four Miler 3. Approval of Selection of Engineering Firm for 7 th Avenue Storm Water Improvements 4. Approval of Contract Award for Fire Hydrant Replacement 5. Approval of Emergency Debris Removal pulled by Mayor Thielhelm 6. Approval of Budget Workshop Minutes dated July 12, 2012 7. Approval of City Council Meeting Minutes dated July 17, 2012 pulled by Mr. Wood 8. Approval of Budget Workshop Minutes dated July 24, 2012 Mr. Maraio pulled item 1. While in favor of the Arts and Craft Fair and the approach being taken, he disagrees with the approach concerning alcoholic beverages. As a large event that has historically been family friendly, the environment is not conducive to alcohol throughout the venue. He has no problem with designated areas for alcoholic beverage consumption. Police Chief Scoggins said there are issues including the possession of open alcoholic beverages which is prohibited in the Code. He said Mount Dora has always prohibited open alcoholic beverages at special events. If alcohol is introduced, the character of the event will change but whether it would be unmanageable is not known. The other issue is that under the law alcohol is supposed to be consumed on the licensed premises where it was served. Mr. Wood is supportive of their request to serve alcohol at the Arts and Crafts Fair. Mr. Brian Young, 916 North Baker Street, said the purpose of allowing alcohol would be to increase revenues. In a controlled environment, Mr. Young and his group believes they can earn additional income and alleviate the need for grant funds from the City of Mount Dora. Mr. Young said the permit application will request the entire defined event area that will be barricaded and manned by police officers/city officials. Mr. Donovan moved to approve the request. Mr. Wood seconded the motion. Chief Scoggins suggested an after action meeting be held to review and critique the event since alcohol is being introduced. All parties were in agreement. Ms. Cathy Hoechst, Mount Dora Chamber, shares concerns of the City Council but feels this proposed service of alcohol should be tried. She said times are challenging and different events have evolved differently. With a critique meeting after the event, there will be an opportunity to make improvements. Mr. Donovan modified his motion to require a critique meeting prior to any future approvals for the service of alcohol at special events. Mr. Wood seconded the modified motion. The motion was approved unanimously. Mayor Thielhelm pulled item 5 due to a slight change in wording. Mr. Quinn pointed out changes made in the Mutual Benefit and Use Agreement.

Mr. Wood moved to approve consent agenda item 5 for emergency debris removal. Mr. Donovan seconded the motion. The motion was approved unanimously. Mr. Wood pulled item 7. He would like to discuss the use of reserve funds at the next budget meeting is held on September 6, 2012. Mr. Wood moved to approve the minutes as written. motion was approved unanimously. Mr. Yatsuk seconded the motion. The PUBLIC HEARINGS ORDINANCES 1. First Reading of Ordinance 2012-11, Code Amendments re: Flood Management Mr. Shepard read Ordinance 2012-11 by title only. ORDINANCE 2012-11 AN ORDINANCE OF THE CITY OF MOUNT DORA, LAKE COUNTY, FLORIDA, AMENDING VARIOUS SECTIONS OF THE LAND DEVELOPMENT CODE CHAPTER IV, CHAPTER V, CHAPTER VI, AND CHAPTER VIII; REPEAL SECTION 6.8 OF THE LAND DEVELOPMENT CODE AND REPLACE WITH NEW CHAPTER 23 OF THE CODE OF ORDINANCES TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE INCORPORATED BY CHAPTER 22 OF THE CODE OF ORDINANCES; PROVIDING FOR CODIFICATION, CONFLICT, SEVERABILITY, AND SETTING AN EFFECTIVE DATE. Mr. Reggentin explained the ordinance. Mayor Thielhelm asked staff to publish an announcement to residents so they will know that assistance is available to communicate with FEMA regarding the need for flood insurance. Mr. Donovan moved to approve with the suggestion to publish an announcement on the website. Mr. Watters seconded the motion. The motion was approved unanimously. Mr. Watters Yes Mr. Wood Yes Mr. Maraio Yes Mr. Yatsuk Yes Mr. Donovan Yes Mayor Thielhelm Yes Mr. Tedder Yes

2. First Reading of Ordinance 2012-12, Fire Pension State Mandated Amendments Mr. Shepard read Ordinance 2012-12 by title only. ORDINANCE 2012-12 AN ORDINANCE OF THE CITY OF MOUNT DORA, AMENDING CHAPTER 70, PERSONNEL, PART III FIREFIGHTERS PENSION AND RETIREMENT SYSTEM, OF THE CITY OF MOUNT DORA CODE OF ORDINANCES; AMENDING SECTION 70.470 TYPES OF RETIREMENT TO COMPLY WITH SENATE BILL 1128; ENACTING SECTION 70.471, TO CREATE A SHARE PLAN PURSUANT TO CHAPTER 175, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. Deputy Fire Chief Tim Griner explained Ordinance 2012-12. Mr. Donovan moved to approve the first reading of Ordinance 2012-12. Mr. Tedder seconded the motion. The motion was approved unanimously. Mr. Maraio Yes Mr. Yatsuk Yes Mr. Donovan Yes Mr. Watters Yes Mr. Tedder Yes Mayor Thielhelm Yes Mr. Wood Yes RESOLUTIONS 1. Approval of Resolution 2012-09, Support Interfund Loan for Palm Island Boardwalk Mr. Shepard read Resolution 2012-09 by title only. RESOLUTION 2012-09 A RESOLUTION OF THE CITY OF MOUNT DORA, FLORIDA, PERTAINING TO AUTHORIZING INTER-FUND LOANS; SETTING TERMS OF SUCH LOANS AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Tedder moved to approve Resolution 2012-09. Mr. Donovan seconded the motion. The motion was approved unanimously. (no roll call vote taken)

COUNCIL CONSIDERATION/DISCUSSION OF DEPARTMENTAL TOPICS CITY MANAGER 1. Work Plan Mr. Quinn provided a current work plan with a CIP chart of estimated timing for the progression of projects. Mr. Wood would like to discuss the Community Center at a future meeting. FINANCE 1. Approval of Budget Amendment for the Palm Island Boardwalk Project Mr. Donovan moved to approve budget amendment for the Palm Island project. seconded the motion. The motion was approved unanimously. Mr. Wood PARKS & RECREATION 1. Approval of Bid for Nature Park Playground Mr. Donovan was contacted by several residents with concerns about the agenda item and he has not been able to discuss their concerns. He requested the item be tabled until a future date. Mr. Roy Hughes, Parks & Recreation Director, reported the bid has been awarded and land is being cleared. Mr. Donovan has been contacted very recently by people who are concerned about whether or not the playground fits a Recreation and Nature Park theme. There is no shade for children playing on a very hot day. Concerns were also expressed about other projects that have been in process and are not finished. He said the Recreation and Nature Park is drawing visitors and has been a positive park for the City. However, there are residents who are concerned with the next step. Mr. Quinn said the State requires a playground but they do not put a particular designation on the size of the playground. He said one half of the playground cost will be reimbursed to the City. Mr. Hughes showed City Council a picture of the proposed park and explained the theme. He urged City Council to approve the themed playground. He said there will also be two bathrooms, gender specific. Mr. Watters asked if a camera system would be required and Mr. Hughes said the park would be closed at dusk and there are no plans for a camera system. The City Council agreed by majority consensus to go with a simpler design for the park. Mr. Quinn said a schematic will be developed that is more of a traditional park at a much lower cost.

Mayor Thielhelm is surprised that a gate is being placed in the parking lot. He said there is no other park in Mount Dora with a gate. The City Council agreed by majority consensus that a gate is not needed. Ms. Hoechst, owner of property across the street from the Recreation and Nature Park, asked the City Council to be aware of the hammerhead at the end of the road. That design forces people to turn around on her property. She also pointed out potential danger associated with the isolated nature of the park and said there will be children although she is not anticipating heavy utilization. Ms. Hoechst raised questions about maintenance of the park, emergency situations and asked who would be responsible. Mr. Watters asked the cost of a security camera. Chief Scoggins said a system would likely cost between $7,000 - $15,000 Mr.Donovan made a motion to approve basic park equipment, eliminate the gate, and continue with construction of two pavilions and two restrooms. A simplified plan will be presented to City Council for final approval. Mr. Maraio seconded the motion. The motion was approved unanimously. 2. Approval of Bid Award for Palm Island Boardwalk Mr. Donovan moved to approve the project with direction to staff for cost estimates at the next City Council meeting. Mr. Maraio seconded the motion. The motion was approved unanimously. BOARD APPOINTMENTS 1. Appointment to CRA Advisory Committee Councilmember Wood Mr. Wood appointed Don Stuart to CRA Advisory Committee to replace Leigh Love. Mr. Yatsuk moved to approve the appointment of Don Stuart to the CRA Advisory Committee. Mr. Donovan seconded the motion. The motion was approved unanimously. CITY ATTORNEY INFORMATION / REPORTS Mr. Shepard said the City has been served with a declaratory action law suit by James Homich. He asked if City Council desires a shade meeting to discuss. The consensus of City Council, by majority, was not to have a shade meeting at this time. OTHER BUSINESS Mr. Quinn provided information with regard to the Medallion Homes lawsuit that has been dismissed in court.

Mr. Quinn was approached by a potential business representative who asked if the City would offer some incentive for façade improvements to buildings along US 441. Mr. Maraio said it may be a good time for City Council to give consideration to looking at other areas that could use incentive programs for revitalization. 1. Food Truck Event Information For information only, the food truck event was successful. Organizers may be requesting additional space for their event. Mr. Donovan was at the farmer s market on Sunday and noted the area needs to be cleaned up as he observed tires and debris. Mr. Maraio said subsequent to a vote taken at the last meeting with regard to an anti-tethering ordinance, he received and did not appreciate being the victim of threatening e-mails. He stated this will not be taken lightly. He added the reporter who developed an article on the subject was mis-informed. Mr. Maraio is also disturbed that a current member of City Council is openly supporting someone running against another current City Council member. Mr. Maraio said it is not right. Mr. Donovan was part of those e-mails as well considered the content a threat against himself and his family. Mr. Watters also received the threatening e-mail and the e-mail where a fellow council member was supporting someone running for his seat. He thanked Mr. Maraio for his comments and said City Council members should be serving on City Council because they care about the City and want to maintain the City. Mayor Thielhelm said it is disturbing that he is hearing these types of issues taking place among City Council members. If someone on City Council is violating the Code of Conduct, that should be taken very seriously given that every council member has signed a statement agreeing to govern themselves within the guidelines of their adopted Code of Conduct and Policies and Procedures. Mr. Yatsuk said rumors around town, City was going to purchase two trolleys but there is no plan to buy trolleys. Mr. Thielhelm updated City Council with regard to meetings with Senator Hayes and Representative Nelson. Saturday, August 11, 2012, will be the Fourth Back to School function at Frank Brown Field. ADJOURNMENT There being no further business for discussion, the meeting adjourned at approximately 9:40 pm

Robert Thielhelm, Sr., Mayor Gwen Keough-Johns, City Clerk