OFASTA COUNTY 1872 TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES REGULAR SESSION TOWN HALL TUESDAY NOVEMBER 8, 2022 Having been duly advertised as required by law, Mayor Mack called the Regular Session meeting to order at 6:32pm. He gave the invocation and led the Pledge of Allegiance. Members Present: Mitchell Mack, Mayor Stephen Cross, Vice-Mayor Gayle Sikkema Orita Issartel Zane Teeters StaffPresent: Graham Wells, Town Clerk Wally Hoagland, Police Chief Roll Call was performed, and it was determined that a quorum was present. CITIZENS QUESTIONS. AND COMMENT Jeff Suggs 13125 Tennessee Avenue said that Colina Del Lago needs to be mowed and that it was being used as a racetrack. AGENDA REVIEW Mayor requested that Resolution 2022-31 be added as item 7 of new business. PROCLAMATION: - TEACHER APPRECIATION WEEK- DECEMBER 18-24,2022 Mayor Mackreadt the proclamation aloud.I Itv was signed by the Mayorand Council members: and the Mayor asked Chief Hoagland to present it to. Astatula Elementary School. MEETING MINUTES Approval of Minutes for October11, 2022 Regular Council Meeting. MOTION by Councilwoman Sikkema to approve the minutes shown above; SECONDED by Vice-Mayor Cross MOTION CARRIED 5-0 PUBLIC HEARING For: Cross, Sikkema, Issartel, Teeters, Mack RESOLUTION 2022-28 GRANTING A VARIANCE FROM CHAPTER 4.9.2 OF THE LAND DEVELOPMENT CODETO ALLOW FOR Al LOT-SPLIT Town ofAstatulal Meeting Minutes November 8, 2022 Page 1of7 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; DOCUMENTING THE VARIANCE APPROVED BY' THE TOWN COUNCIL FOR LAND LOCATED ATTENESSEE. AVENUE! THETOWAOFASTATUILA, LAKECOUNTYPROPEROPERTYAPPRAISER PARCEL NO.: 29-20-26-0100-00G-04402; PROVIDING AN EFFECTIVE DATE. Mr. Green said that Green Consulting Group, Inc. (GCG) has conducted a review for the requested variance to the minimum lots size requirements for propertylocated north ofTennessee. Avenue, west of Jefferson Street in the Town of Astatula. A variance is requested Chapter 4 - Zoning Regulations: 4.9.2 R-1 Single-Family Low Density Residential (5)a) Minimum Lot Size: 21,780 The applicant has requested a variance from 4.9.2 to allow for al Lot Split that would result in one or both resulting properties being less than 21,780 square feet. As requested, the western lot would be 21,770.007 square feet (9.993 square feet less than the required minimum) and the eastern lotwould be 21,770.084: square feet (9.916square feetless than the required minimum). This application had been heard by the Planning and Zoning Boards who voted 2 - 3 against recommending: gapproval. Mr Green went over the provisions in the caelbrappovangavarane The Town Council shall hear and make decisions for variances from the terms of the zoning regulations where, owing to: special conditions, a Iteralemprcementothe, provisions will result in unnecessary and undue hardship upon, and personal to, the applicant therefore, and not square feet. as follows along with his opinion whether the application conforms or not. surrounding properties. In order to authorize a variance, the Board must find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; such onsite conditions mayi include, but are not limited to, topography, preservation ofvegetation, access, vehicularand, pedestrian safety and preservation ofscenic views. 2. applicant. 3. That the special conditions and circumstances do not result from the actions of the Thatliteral interpretation ofthe provisionswould deprive the applicantofrights. scommonly enjoyed by other properties in the same zoning district under the terms ofthe chapter and would work unnecessary and undue hardship on the applicant. 4. 5. That the variance granted. is the minimum variance that will make possible the reasonable That the grant of the variance will be in harmony with the general intent and purpose of this Code and the Comprehensive Plan, will not be injurious to the neighborhood or otherwise use ofthe land, building or structure. detrimental to the public welfare. area in which the property is located. 6. The granting oft the variance will not be detrimental to the propervyorimprovemens, in the Town ofAstatula Meeting Minutes November 8, 2022 Page 2of7 Mr. Green stated that there has been a difference of opinion between previous attorney's whether one of the hardships had to be met or all six. He added that the lots would only be 10 square feet short oft the code requirement and that there many oft the surrounding lots were also The Mayor opened public comment and Mr. Suggs, Jean Holt, and Nelson Melendez all neighboring residents voiced their opposition to the granting of the variance allowing the lot splittot take place. Following the closing ofpublic comment, he opened comment: from the board. Following discussion, a motion was made by Councilwoman Sikkema to read by title; seconded MOTION by Councilman Teeters to deny Resolution 2022-28 granting a variance from chapter 4.9.2 of the land development code to allow for a lot-split; SECONDED by Mayor short oft the 21,870 square feet requirement. by Councilman Teeters. The Mayor read the title and requested a motion. Mack Cross Sikkema Teeters Issartel Mack Al Roll Call vote was taken. NO NO NO YES NO MOTION CARRIED 4-1 Arecess was called by the Mayor at' 7:30 pm and reconvened at 7:43pm. NEW BUSINESS DISCUSSION AND APPROVAL OF RESOLUTION 2022-29, GRANTING A LOT-SPLIT ON TENNFSSEEAVE.AVE.AK#3847973. As Resolution 2022-28 was denied, this item was not discussed. DISCUSSION AND APPROVAL FOR THE MAYOR TO SIGN THE CONTRACT WITH GWORKS Clerk Wells explained the background as to how the town came to use Softline Data, Inc. to provide the UB-Max software that the town uses for utility billing. It interacts with the Beacon Software that allows the badger meters to be read remotely using cellular endpoints. The The owner of UB-Max is retiring and has sold the business to gWorks. The staff at UB-Max will all Iremain with the new owners. gWorks has sent a new Master Service. Agreementwhich as with all contracts has been sent to the town's attorney for her comments. The redlined agreement with her recommended changes was sent back to gWorks who have stated that they will not If the town does not sign the agreement, then the town will not be able to continue using the software. It would be very difficult for the town to find and learn new: software in the short term FOR UTILITYBLLING. software is very stable, and the phone support is excellent. amend the contract. and likely any new partner would also have an agreement for their services. Town ofAstatula Meeting Minutes November 8, 2022 Page 3of7 The attorney says that it would be up to council to make a business decision to sign or not sign the contract. She had provided a memorandum to assist council in making their decision. MOTION by Vice Mayor Crossauthorizing the Mayor to sign the agreement with gWorks.; Following discussion on the termination clause, al motion was made. SECONDED by Councilwoman Issartel. Cross Sikkema Issartel Teeters Mack YES YES YES YES YES MOTION CARRIED 5-0 THE TOWNCOUNCIL. RECOMMENDATION BY THE MAYOR AND APPROVAL TOAPPOINT A NEW MEMBER TO The Mayor made ar recommendation to accept Orita Issartel back to thel board; Seconded by Vice- RECOMMENDATIONANDAPPROVALI FOR1 THEAPPOINTMENT OF1 THE POSITION OFVICE: The Mayor asked Mr. Cross whether he would continue to serve the town as Vice-Mayor. He: said that he would, and the Mayor made a motion to appoint him to that position; seconded by DISCUSSION ONTHER REMOVALOFI ITEMSI FROM' THE CEMETERY- COUNCILMANT TEETERS. Mr. Teeters said that hel had been contacted abouti items that had been removed from grave sites that were not removed by town staff. He asked the Chief to step up his patrols of the cemetery. As the cemetery is open 24-hours per day it was suggested that curfew times be added sO that the police could legally remove) people from the cemeteryafter certain hours. The Chiefsaid that ifthei increased patrols do notsolve thei issues, then an ordinance be adopted to add openingand DISCUSSION AND APPROVAL OF RESOLUTION 2022-30. FINAL AMENDMENT TO THE A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR THETOWN OF ASTATULA FOR FISCAL' YEAR 2021-2022. The Clerkwent overt the details oft the final budgetamendment.At budget amendment is required to balance the budget in line with expenditures incurred as of September 30, 2022 for the end of Mayor Cross and unanimously approved. MAYOR. Councilman Teeters and unanimousyapproved. closing times. 2021-2022 BUDGET. the fiscal year which has to be reported to the State. Town ofA Astatulal Meeting! Minutes November 8, 2022 Page 4of7 General Fund: 369.300 Other Miscellaneous Revenues (Settlements) Audit Services Increase Revenues $40,000.00 Financial & Administrative 513.322 Law Enforcement 521.100, 200 Personnel 521.300 515.600 Parks & Recreation 572.461 Increase Expenditures $5,000.00 Increase Expenditures $ 2,500.00 Increase Expenditures $14,000.00 Increase Expenditures Increase Expenditures Operating Expenses Capital Expenditure Repairs & Maintenance (Dirt for Ballfield & Events) Discretionary Surtax Revenue Capital Outlay - Infrastructure (Payment of Police Vehicle Leases) (Engineering for Water Plant Expansion) $ 1,500.00 $17,000.00 Infrastructure Fund: 312.600 521.710 Increase Revenues $40,000.00 Increase Expenditures $29,000.00 572/533.621 Capital Outlay - Professional Services Increase Expenditures $11,000.00 The Mayor and Council discussed the budget amendment and the growth expected in the town that would bring additional revenues over the next few years. The cost to hook up to potable water was discussed and ways that it could be made more affordable for residents to connect to The Clerk confirmed that at the end of September 2022 the town had paid off all of the vehicle leases and was completely debt free. There is an internal loan of $80,000 from the general fund to the enterprise fund to cover the initial start-up of potable water. The Mayor commended the Clerk for the town receiving a letter from the Florida Department of Revenue stating that they found no violation oft the required certification ofTruth in Millage (TRIM) and that the town was in compliance with the Maximum Millage Levy requirements of section 200.065(5), Florida A motion by Vice-Mayor Cross was made to read the resolution title and seconded by Councilwoman Issartel. The Mayor read the title and a motion was made to approve. MOTION by Vice Mayor Cross to approve Resolution 2022-30; SECONDED by the system which would generate additional revenues. Statutes. Councilwoman Sikkema. Cross Sikkema Issartel Teeters Mack YES YES YES YES YES MOTION CARRIED 5-0 Town ofA Astatula Meeting Minutes November 8, 2022 Page 5of7 DISCUSSION AND APPROVAL OF RESOLUTION 2022-31, DECLARING A STATE OE As this was an added item to the agenda, the council only received aj paper copy at the meeting. The resolution only referred tol hurricane Nicole and not' Tropical Storm/Hurricane Nicole. Al RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA IN LAKE COUNTY, FLORIDA, DECLARING A STATE OF EMERGENCY BECAUSE OF TROPICAL STORM/HURRICANE NICOLE; AUTHORIZING AND DIRECTING THE MAYOR TO TAKE WHATEVER PRUDENT ACTIONS NECESSARY TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE TOWN PURSUANT TO THIS DECLARATION; Vice-Mayor Cross made a motion to read the resolution title and seconded by Councilwoman MOTION by Vicel Mayor Cross to approve Resolution 2022-31 with the amendment to add EMERGENCYI FOR TROPICALSTORM NICOLE PROVIDING FOR. AN EFFECTIVE DATE. Sikkema. The Mayor read the title and requested ai motion to approve. tropical storm to the title; SECONDED by Councilwoman Sikkema. Cross Sikkema Issartel Teeters Mack YES YES YES YES YES MOTION CARRIED 5-0 BUDGET. ANDI FINANCE REPORT REVIEW Much of the report was covered in the final budget amendment but overall, the net revenues ended $33,950 overb budget as aresult oft the sale ofthe New' York. Avenue property and thel FDLE grant. Expenditures were: $59,956 under budget addinga a total of $93,908 to the town's reserves. The Bank balances on September 30, 2022 are shown below. General Fund: Impact Fees: Transportation Fund: Infrastructure Fund: Enterprise Fund: Cash Drawer: STAFF REPORTS 415,441.85 37,198.59 82,470.28 43,706.89 5648.88 150.00 Town. Attorney - Heather Ramos - ABSENT Police Department - ChiefHoagland - NONE The Chief gave an update on body cameras, code enforcement, thel Boots and Buckles Gala which raised $200,000 and the haunted house Halloween event which saw around 300 people attend. He also stated that the residual grant was approved and they were: spending the money. Towno ofAstatulal Meeting Minutes November 8, 2022 Page 6of7 He gave information on upcoming events including the Thanksgiving Day dinner, Light up Astatula on December 2nd, shopwithac cop on December 6a at Walmart Mt. Dora: and the Christmas Cookout and Range event on December 11th. He asked for staff reports to be move to earlier in the meeting. Town Clerk- Graham Wells - NONE Public Works - Wally Hoagland - Talked about the new Public Works employee Scott Kane. COUNCIL DEPARTMENT & COMMITTEELIAISON REPORT Councilman Cross (Finance) -I NONE Mayor Mack (Public Works) Councilwoman Sikkema (Public Safety/Code Enforcement) NONE Councilman Teeters (LDR's, Ordinances, Legal, Grants) - NONE Councilwoman Issartel (Economic Development) - Asked about the build out of Colina Del Lago. The Clerk responded. REVIEW a. Items for Workshops and possible dates - NONE b. Items put forward for the next Council meeting NONE COUNCIL MEMBER MISCELLANEOUS COMMENIS-NONE Review ofi items needing Special Meetings and possible dates - NONE ADJOURNMENT There being no further business the Mayor adjourned the meeting at 8:49 pm. Respectfulysubmited, Mitchell Mack, Mayor ERA h Graham Wells, Town Clerk Town of Astatula Meeting Minutes November 8, 2022 Page 7of7