OFASTA  TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES  REGULAR SESSION MONDAYJULY11,; 2022 TOWN HALL  1872  Having been duly advertised as required byl law, Mayor Mack called the Regular Session meeting  to order at 6:33pm. He gave the invocation and led the Pledge of Allegiance.  Members Present: Mitchell Mack, Mayor Stephen Cross, Vice-Mayor Gayle Sikkema Zane Teeters  StaffPresent: Graham Wells, Town Clerk Wally Hoagland, Police Chief  Orita Issartel (joined meeting at 6:52pm)  Roll Call was performed, and it was determined that a quorum was present. There were  approximately four citizens present from within and outside the city limits.  CITIZENS QUESTIONS AND COMMENT  Mr. Banks Helfrich - 9100 Sams Lake Rd. Clermont, 34711 introduced himself as the Lake County Soil Water Conservation District Chairperson and gave a brief talk on our 246-year-old Democratic Republic which he said was a social experiment bringing in people from around the  world.  AGENDA REVIEW  Mayor Mack asked council to add item 71 tor new business for discussion on a request for direction on the pay increases for the budget. It was agreed that that the request would be included with  the finance report. MEETING MINUTES  Approval of Minutes for) June 13, 2022 Regular Council Meeting. Approval of Minutes for) June 21, 2022 Special Council Meeting. Approval of Minutes for) June 21, 2022 Council Workshop.  MOTION by Vice-Mayor Cross to approve the minutes shown above; SECONDED by  Councilwoman Sikkema For: Cross, Sikkema, Teeters, Mack MOTION CARRIED 4-0  Towno ofA Astatulal Meeting Minutes July 11,2022 Page 1of8    PUBLICI HEARING REQUIREMENTS.  FINAL READING OF ORDINANCE 2022-10 RIGHT-OF-WAY USE RESTRICTIONS AND AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA, PERTAINING TO THE USE OF TOWN RIGHTS-OF-WAY; ADDING A NEW CHAPTER 32TO THE TOWN'S CODE OF ORDINANCES TO BE TITLED RIGHTS-OF-WAY PROVIDING DEFINITIONS AND REQUIRING PERMITS FOR CERTAIN CONSTRUCTION ACTIVITIES PERFORMED IN TOWN RIGHTS-OF-WAY; PROVIDING FOR SEVERABILITY, CODIFICATION The Town of Astatula has never formally adopted an ordinance regulating the use ofTown Right- of-way. The' Town currently requires businesses: and citizens wishing to occupy or conductwork in the' Town Right-of-way to make a formal request for a right-of-way use permit. The application is reviewed by the Town officials for conformance with adopted and accepted procedures, standards, criteria and the' Town's Code of Ordinances. This ordinance now codifies Vice-Mayor Cross made a motion to read Ordinance 2022-10 by title only, seconded by Councilwoman Sikkema and unanimouslyapproved. The Mayor read the title and opened public comment. There being none and no council discussion he requested a motion to approve. MOTION by Vice-Mayor Cross to adopt Ordinance 2022-10; SECONDED by Councilwoman  AND. ANI EFFECTIVE DATE.  the requirements for obtainingar right-of-way use permit.  Sikkema. Cross Sikkema Teeters Mack  ARoll Call vote was taken.  YES YES YES YES  MOTION CARRIED 4-0 NEW BUSINESS  RESOLITION2022-18. ADOPTING THE MAXIMUM MILLAGERATEFORFY2022-2023. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA, ADOPTING A PROPOSED MAXIMUM AD VALOREM TAXATION MILLAGE FOR FISCAL YEAR 2022-2023 FOR THE TOWN OF ASTATULA, FLORIDA, SETTING THE DATE, TIME, AND LOCATION FOR THE FIRST BUDGET HEARING; PROVIDING FORAN EFFECTIVE DATE. The Mayor stated that pursuant to Florida Statutes Section 200.065, the Town Council of the Town of Astatula, Florida, must determine a proposed maximum millage rate and must set the time, date, and place of the first public hearing on the budget for Fiscal Year 2022-2023 within 35 days of July 1, 2022. Furthermore, the Town Council of the Town of Astatula, Florida, must notify the Lake County Property Appraiser ofthe proposed millage rate and time, date, and place ofthe first public hearingon thel budget for Fiscal Year 2022-2023 within 35 days ofJuly1,2022.  Town ofA Astatula Meeting Minutes July 11, 2022 Page 2of8    AI motion was madel by' Vice-Mayor Cross and: seconded by Councilwoman Sikkema fort the Mayor tor read the entire resolution asi ith held important dates; unanimously approved. The Mayor read MOTION by Councilman Teeters to approve Resolution 2022-18 as read; SECONDED by  the entire resolution. Councilwoman Sikkema.. ARoll Call vote was taken.  Cross Sikkema Teeters Mack  YES YES YES YES  MOTION CARRIED4-0  FIRSTI READINGOF ORDINANCE2022-190 CROSS CONNECTIONI POLICY.  The Town's water supply system is defined by Florida law as a community water system which is required to supply its customers with water that meets federal and state drinking water standards. It is responsible for the protection of its water distribution system from contamination or pollution due tol backflow ofcontaminants or pollutantsthrough water service Florida law requires that each community water system establish and implement a cross- connection control program ilangpactowprotcion at or fors service connections. Thet town must protect the community water system from contamination caused by cross-connections on customer's premises that may create an imminent and substantial danger to the health, safety  connections.  and welfare ofthe residents oft the Town of Astatula. Councilwoman Issartel joined the meeting at 6:52 pm.  AI motion was made by Councilwoman Sikkema and seconded by Vice-Mayor Cross to read by title only; unanimously: approved. The Mayor read the title ofOrdinance 2022-19: and requested MOTION by Vice-Mayor Cross to approve Ordinance 2022-19 to final hearing; SECONDED  al motion to approve.  by Councilwoman Sikkema. A Roll Call vote was taken.  Cross Sikkema Issartel Teeters Mack  YES YES YES YES YES  MOTION CARRIED 5-0 NOTICEI PROCEDURE.  DETERMINATION BY COUNCIL FOR NON-AD VALOREM SOLID WASTE ASSESSMENT In Resolution 2018F and 2019-09, the assessment to increase the rate for solid waste was approved by council and added it to the TRIM notice and tax roll for collection.  Towno ofAstatula! Meeting Minutes July 11,2022 Page3of8    The resolutions were drafted by the town's attorney, Zachary Broome. The insert that goes with the TRIM notice states that the notice of proposed property taxes constitutes the first- Ther notice musti include, the! purpose oftheassessment; the total amount tol bel levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the local government will collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate tol be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place oft the hearing. Iti is believed that all the requirements Heather Ramos, the current: attorney believes that the notice requirements are: not met, and that the town should have sent a hearing notice, separate from the TRIM notice to the residents advising them of the increase because oft the wording in FS. 197.3632 (4)(a) 2. The non-ad valorem assessment is increased beyond the maximum rate authorized by law or judicial decree at the time ofi initial imposition. The maximum stated on the 2016 Notice to This is not disputed as there was an increase over the maximum, however it is whether the notice ont the' TRIMissufficient, oras separate monifeshoudbesemtbylhe: town. Sandi Walker from Government Services Group (GSG), who does nothing but Non-Ad Valorem Assessments all over the State of Florida believes that the notice on the TRIM which states all the requirements oft the statute suffices. It: seems it is an interpretation oft the statute. As, after three years of no increase, we are likely to have the possibility of an increase this year, the Clerk wasi requesting councils' direction on the notice proceduret tobeadopted. The cost for GSG to mail merge and send the 800 letters would be around $1,200. The mailing of the letter must be 20 days before the public hearing which is scheduled on September 12, Following extensive discussion, Vice-Mayor Cross stated that if the town decided to only advertise the increase on the' TRIM, and it was contested, then the party would have to sue the Town. There is no case law of a challenge in the state and the attorney general has not issued an opinion, so he thought that the risk to the town was slim to none. Council Teeters agreed that ifits satisfied the statute by placing it on the TRIM notice, why spend the money The Clerksaid that! he would doi ite either way but wanted council to give him direction so that there is no misunderstanding. Ifit was challenged in any city, then the outcome of that case would affectany municipality thata advertises the public hearing on the' TRIM. This has never  class notice required by Florida Statute 197.3632.  were met by the town.  Property Owners was $217.08.  2022.  to send ai further letter.  happened.  Towno ofA Astatula Meeting! Minutes July1 11,2022 Page 4of8    MOTION by Vice-Mayor Cross to use the TRIM as notice for the public hearing as historically done; SECONDED by Councilwoman Issartel.. Al Roll Call vote was taken.  Cross Sikkema Issartel Teeters Mack  YES YES YES NO NO  MOTION CARRIED3-2  FIRST READINGO OF ORDIMANGEZUZZOINTENK ASSESSMENTI FOR SOLID WASTE. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA, AMENDING SECTION 42-35 OF THE TOWN'S CODE OF ORDINANCES TO DECLARE THE TOWN AS A SPECIAL. ASSESSMENT DISTRICT FOR THE PURPOSES OF UTILIZING THE' TAX BILL TO COLLECT SOLID WASTE SPECIAL ASSESSMENTS AND TO PROVIDE FOR INTERIM ASSESSMENTS FOR PROPERTY FOR WHICH A CERTIFICATE OF OCCUPANCY IS ISSUED AFTER THE ADOPTION OF THE NON-AD-VALOREMI ASSESSMENT ROLL; PROVIDING FOR The town provides the non-ad valorem assessment roll to the property appraiser in the middle ofs September each year for the: solid waste assessment. This is the amount that the tax collector will assess every homeowner for the collection of solid waste from October of that year to September of the following year and will appear on the tax bill in November (payment for Ifa certificate of occupancy is issued after the tax roll is submitted and garbage service is provided, the homeowner will not be paying for that service until it appears on the tax bill the following year. Currently GFL eats that cost of providing service and with the small number of Itisbecoming more ofa an issue now as we havel had twenty new homes builti in this financial year after the tax roll was submitted. When the news subdivisions start to build out, we could have a loti more people getting free garbage: service for upt to twelve months. Thisi is unfair for those that are paying for the service and unfair for GFL to bej providing the service for no charge. Councilman Teeters made a motion to read Ordinance 2022-20 interim assessment for solid waste by title only; seconded by Vice-Mayor Cross and unanimously approved. The Mayor read MOTION by Vice-Mayor Cross to send Ordinance 2022-20 to second reading; SECONDED  SEVERABILITY, CODIFICATION, AND. AN EFFECTIVE DATE.  garbage collection is collected for the yeari in advance).  homes built annually in the town each year, itl has notl been much ofani issue.  the title and there being no board comment, requested al motion.  by Councilwoman Sikkema. Al Roll Call vote was taken.  Cross Sikkema Issartel Teeters Mack  YES YES YES YES YES  MOTION CARRIED. 5-0  Towno ofA Astatula Meeting Minutes July11,2022 Page! 5of8    CONSIDERATION AND APPROVAL OF POLICY FOR HEALTH INSURANCE COVERAGE FOR NEW EMPLOYEES REQUIRED1 TOWORKI MORE THAN 25 HOURSPERI WEEK. At the June 2022 meeting, the Council adopted a health insurance policy for employees working more than 40 hours per week. Currently the town does not offer! health insurance The law requires that employees who work more than 25 hours per week are offered insurance coverage which has to be a minimum of 50% oft the premium of the lowest plan that the town offers, currently HSA plan 14471. The town can of course elect to pay 50% The new employee can elect not to pay the 50% out of pocket whether or not they have alternate coverage under another plan (e.g. on a spouses policy, VA or Medicare). Currently the three employees working more than 25 but less than 40 hours per week have alternate The cost to the town for the 50% contribution to the healthcare plan depends on the employee's age. A 30-year-old would cost $1,970 per year; 40 = $2,219; 50 = $3,100; 60 = $4,712. This would also be the out-of-pocket amount that the employee would have to pay. The cost oft the better plan (14002) would be approximately 80% more than plan 14471. Councilwoman Sikkema felt that the town could pay 50% for either plan and that the new employee would pay the other 50% out of pocket. She added that they would not be able to elect to go on the better plan (14002) and use the difference to pay for the lower plan (14471) to reduce their out-of-pocket cost. The Mayor outlined what the policy should be MOTION by Mayor Mack to adopt a policy for the Town to pay 50% of the cost for either plan for new employees working between 25 to 40 hours per week. The employee will choose the plan they want and pay the other 50% or can decline to take insurance at all. Any family coverage will be paid 100% out of pocket by the employee. The employee would not be able to elect to go on the better plan (14002) and use the difference in the premium towards paying for thel lower plan (14471) to reduce their out-of-pocket  fore employees working less than 401 hours per week.  towards thel better plan 14002.  coverage and have signed to decline the town's coverage.  which was based on Gaylesrecommendation.  cost; SECONDED by Councilman Teeters. Al Roll Call vote was taken  Cross Sikkema Issartel Teeters Mack  YES YES YES YES YES  MOTION CARRIED 5-0  Town ofA Astatula Meeting Minutes July1 11,2022 Page 6of8    CONSIDERATION AND DECISION TO ENGAGE LEGAL COUNSEL FOR THE FORD The Town has been dealing with a warranty: issue on the 20181 Ford Explorerwith the turbo that the dealer and Ford are unwilling to complete the repair under the warranty. Subsequently the town is out of pocket on the repair or $14,550 to have the work completed plus an unpaid bill The Council members discussed atl length the pro'sando comsofemggingAtomey FrankHamner P.A. to pursue this case on behalf of the town to have the payments reimbursed under the warranty. Considerations were primarily based on this not being an open-ended deal whereby the town throw good money after bad and not get a positive result. It was therefor agreed that the town would engage Mr. Hamner for a maximum offorty hours totaling $16,000.00. MOTION by Vice-Mayor Cross to authorize the attorney to move forward for a maximum  INTERCEPTOR WARRANTY ISSUES.  for Plaza Lincoln $6,072.51 for what they did.  of forty hours; SECONDED by Councilman Teeters.  A Roll Call vote was taken  Cross Sikkema Issartel Teeters Mack  YES YES YES YES YES  MOTION CARRIED 5-0  BUDGET. AND FINANCE REPORT REVIEW  ClerkWells gave an overview ofthe revenues and expenditures for each ofthe four funds against the budget and the status of the bank balances. He added that he had paid off the remaining balance of $28,683 for the leases on the two police vehicles from the Infrastructure fund which  now left the town completely debt free.  The Bank balances on May 30, 2022 are shown below.  General Fund: Impact Fees: Transportation Fund: Infrastructure Fund: Enterprise Fund: Cash Drawer: STAFF REPORTS  615,154.83 62,195.75 63,864.19 17,037.26 6,485.71 150.00  Town. Attorney - Heather. Ramos - ABSENT  Police Department- - Chief Hoagland - The Chief requested that the council give guidance as to wheret they see the increases in salaries to be so that the Clerk can include them in the budget. In priory years an assumption has been made by staffi in the budget and this year it was felt that the Council should give guidance at least for discussion at the budget workshops.  Town ofA Astatulal Meeting Minutes July 11,2022 Page 7of8    Councilman Teeters said that the percentage increases do not have to be the same for the police andi town hall: as they have differing responsibilities and levels of risk. Vice-Mayor Cross said that the recent increase in the level of health insurance is part of the remuneration package and should be taken into consideration when looking at salary increases. Councilwoman Sikkema agreed. Councilwoman Issartel said that the level ofinflation was particularly high and that the staff should be properly rewarded for the jobs that they do. The Mayor interjected that in his opinion staff should make their proposal as they feel they can justify and present it to council. The Chief then gave an overview of the code enforcement issues including the issues with the Pallet Company and the positions with the grants that were being applied for.  Town Clerk- Graham Wells-I NONE Public Works - Wally Hoagland - NONE  COUNCIL DEPARTMENT & COMMITTEE LIAISON REPORT  Finance - Councilman Cross - NONE Public Works - Mayor Mack-N NONE  Public. Safety/Code Enforcement - Councilwoman Sikkema NONE Office - LDR's, Ordinances, Legal, Grants- Councilman Teeters - NONE Economic Development - Councilwoman Issartel- NONE  REVIEW  a. Items for Workshops and possible dates - The budget workshop was scheduled for  July 18, 2022 at 6:00 pm.  b. Items put forward for the next Council meeting NONE  Review of items needing Special Meetings and possible dates - NONE  COUNCIL MEMBER MISCELLANEOUS COMMENTS- - The Mayor announced the backpack drive  on) July 23rda at the community center.  ADJOURNMENT  Therel being no further business the Mayor adjourned the meeting at 8:47pm.  Respertfullyspbmited, Mitchell Mack, Mayor TAA Ze  Clerk  Astatula Town of Meeting Minutes July 11,2022 Page 8of8