OFASTAN CUNTY,FL SINCE 1872  TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES  REGULAR SESSION MONDAY April 13, 2020 TOWN HALL  Having been duly advertised as required by law, Mayor Mitchell Mack called the Regular Session meeting to order at 7.02pm. He gave the invocation and led the Pledge of Allegiance.  Members Present: Mitchell Mack, Mayor Stephen Cross Members by Telephone: Kimberly Kobera, Vice-Mayor Gayle Sikkema Orita Issartel  StaffPresent: Graham Wells, Town Clerk Wally Hoagland, Police Chief  Roll Call was performed, and it was determined that a quorum was present. Present in the audience were Brock Langley, Sean Donnelly and Fire Inspector Kerry Barnett.  CITIZENS QUESTIONS AND COMMENT  Brock. Langley, regarding property located at 25229 CR. 561 wanted to see what the position was to split the loti in half with one part facing CR 561 and the other on Madison Avenue. He did not want to proceed with the lot split application without some assurance from the town that Mayor Mack said that Council could not give any assurance that this would be accepted ahead of making an application. He added that the lot was only 70 feet wide and would not be possible without a variance as the minimum lot width required is 100 feet. Councilman Cross stated that the process was to make the application which would go to the planner for his review, then to the Planning and Zoning Board before coming to Council for a decision. He added that variances are: strict and only granted ift there is an issue preventing the use oft the property that is out ofthe Mayor Mack recommended that he put together a conceptual plan which could be reviewed by the planner ahead ofa an application; the cost to be paid by Mr. Langley. Mr. Green may be able to Sean Donnelly, 14239 E. Tennessee Ave, raised the concern he brought up at the last Council meeting regarding code enforcement. The Mayor said that he had not forgotten about it; it had just been delayed. Mr. Donnelly asked about the traffic strips on Tennessee Ave and what they were being used for. Mayor Mack stated that it was just for collecting data on trafficnumbers: and  they wanted him to do it.  applicant's control.  recommend an alternate route that the town can take.  flow in the areas around where new: subdivisions were planned.  Towno ofAstatula Meeting Minutes April 13,2020 Page 1of8    AGENDA REVIEW  There were no changes requested. MEETING MINUTES  Approval of Minutes for March 9, 2020 Regular Council Meeting Approval ofl Minutes for April 1, 2020 Emergency Council Meeting Approval ofl Minutes for April 3, 2020 Special Council Meeting  MOTION by Councilman Cross to approve the minutes as shown above; SECONDED by  Councilwoman Issartel  Al Roll Call vote was taken due to three members being on the phone  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0  FINAL READING OF ORDINANCE 2020-03 REPEALING AND REPLACING SEC. 58-10F THE ANORDINANCEOFTHETOWNOFASTATULAFLORIDAPERTAININCTOHEALTH,SAFETYAND WELFARE; AMENDING CHAPTER 58 OF THE TOWN'S CODE OF ORDINANCES, TITLED "UTILITIES"; REPEALING SECTION 58-1 OF THE CODE OF ORDINANCES REGARDING WATER AND SEWER CONNECTION REQUIREMENTS; ADOPTING NEW SECTIONS 58-1 THROUGH 58-3; PROVIDING DEFINITIONS, REQUIRING MANDATORY WATER AND SEWER CONNECTIONS FOR NEW CONSTRUCTION WHEN PROPERTY IS LOCATED WITHIN 50 FEET FROM WATER AND SEWER LINES WHEN SERVICE IS AVAILABLE; PROVIDING FOR OPTIONAL CONNECTIONS FOR EXISTING CONSTRUCTION: PROVIDING FOR SEVERABILITY, CODIFICATION AND AN  CODE.  EFFECTIVEDATE.  Mayor Mack read the ordinance by title. Councilwoman Issartel Al Roll Call vote was taken  MOTION by Councilman Cross, to approve Ordinance 2020-03; SECONDED by  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0 OLD BUSINESS  Town of Astatula Meeting Minutes April 13, 2020 Page 2of8    REVIEW OF THEJ DECISION TO TERMINATE THE CONTRACT WITH KERRYE BARNETTFIRE Mayor Mack stated that he had a conversation with Mr. Barnett, who was present, and that Mr. Barnett felt that some of the comments made to the Board at the last meeting had been misrepresented. The Board at the March meeting had voted to terminate his contract and the Mayor felt that hes should bringi it back to the council to review that decision to see whether they wanted to stand by that decision or reverse it. The Mayor referenced the content oft the agenda At thel March 9,2 20201 meeting, Council voted to terminate the contract with Kerry Barnett, Fire Consultant. The Clerk called him to give him thel heads up and on March 12, received a text that hel had af family emergency: and could not talk at that time. When he did call back, he said that his son. had been hospitalized so the Clerk, not wishing tol burden him further, did not share about the termination and said that he would call him in a week When they finally spoke, he told the clerk that there was not a 30-day termination clause and that it was a conflict for thel building inspector to also be the firei inspector. A subsequent text from Kerry was received on March 24, stating; that statute 633 applied. There is also a Dec statement out there as well. There also may be a prohibition ofdueld officel holding tol looki into statutoryv wise. Finally, Ihad time to look at mycontractandi itcannot bet terminatedi until thee end ofthe contract unless either part was negligent Ihave noti been negligent. My contract was a. 3y year with 1 yearroll over. You need to read the contract carefully. Ithought there was a provision in there The Clerkt tookt thisi issue up with the attorney. Her response on the question oft the conflict is as follows: Graham- - Inj follow up to our discussion this morning, Section 633.216(1)ofthe. Florida. Statutes expressly provides in part that "Two or more counties, municipalities, or special districts that have fire safety enforcement This answers the question that a fire safety inspector is NOT an office for purpose of the dual office holding prohibition since one individual can: serve as a fire safety inspector in two or more counties, municipalities, or special districts. AndIhave not found a declaratory. statement that says something to the contrary. Her response on the matter of the 30-dayt termination is explained in the termination letter and the excerpt is We have spoken with the Town attorney who has advised that there are three ways that the agreement can be terminated: (1) at the end oft the initial contract before the roll over year(s) activate, (2) upon thirty-day notice, or(3)either! party'snegligence. We are proceeding with the termination under thes second option. Mr. Barnett wanted to have aj private discussion with the Mayor regarding the termination. He and thel Mayor had been playing phone tag and finally spoke on April 9, 2020. The Mayor is concerned that the termination may resulti in ai lawsuit against the town and wanted itt tol be re-reviewed by Council before thel letter was sent. The contract does notl have an exclusivity clause so technically the town could leave the contract hanging and At this point the Mayor suggested that we. look at the facts of this and probe a little deeper. He had noti issued al retraction on at termination before and asked Kerry ifhe would like to address Mr. Barnett spoke to Council for considerable amount of time and shared his take and opinion over the course of events. The Clerk refuted some of! his comments. Mr. Barnett said that! he had contacted two attorneys to look at the language of the termination clause in the contract, therefore making thei inference that he may take legal action against the town.  CONSULTANT,  cover sheet sent to Council by the Clerk, which is shown below:  ors sO.  but wanted to bes sure before saying anything. Iwould like tol keep my contract.  responsibilities. mayj jointly employ or contract with aj fire safety inspector."  shown below:  just use an alternative vendor.  Council.  Towno ofAstatulaN Meeting! Minutes April1 13, 2020 Page 3of8    The full text ofhis comments and further conversation with Council may be requested from the The Mayor said that given the possibility ofal legal action being made against the Town, he feltit was his obligation to bring itl back to Council for their further recommendation. He opened for comments from the Council. Mr. Cross said that he did not have any; Councilwoman Issartel stated that she would have to look back over what had taken place before she would make any Without further comments, the Mayor said that he would let it lay over for now and suggested that the Council members review the information again. He added that he would talk to the attorney and ask her to give each one ofthem a call so that they can ask her any questions.  Clerk who will provide the audio recording.  decision.  NEW BUSINESS  RESOLUTION 2020-05 - INERASTRUCTURE FUND BUDGET AMENDMENT FOR COMMUNITY BUILDING. COPIER LEASEAND LEASE FOR POLARIS VEHICLE. Al RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR' THE' TOWN OF ASTATULA FOR FISCAL YEAR: 2019-2020.  Clerk' Wells gave an overview oft the reasons for this amendment:  When thel budget was adopted in September 2019, the grant revenue ($700,000) and bank loan ($350,000) to complete the new community building were not included in revenues and the Also, excluded was the amount: for the Architect to finish the community building project. This is now estimated tol be around $50,000. The budget for the lease payments for the copier was just missed (Clerk's error) and it was thought that the final payment for the Police Polaris Vehicle wasn madei in September: 2019,howeverthis: is notthe case; the final paymenti is duei in September 2020 (also Clerk's error). These expenditures will be covered from fund brought forward from A motion was made by Councilman Cross to read by title only; seconded by Councilwoman Issartel.1 Thet title wasreadl by Mayorl Mack. Het then requestedamotion to approvetheresolution. MOTION by Councilman Cross to approve Resolution 2020-05; SECONDED by  corresponding expenditures were also noti included.  prior years.  Councilwoman Sikkema AE Roll Call vote was taken  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0  Town of Astatulal Meeting! Minutes April1 13, 2020 Page 4of8    RESOLITION2020-06: - GENERAL) FUND BUDGET AMENDMENT FOR ADDITIONAL FUNDS AI RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR1 THETOWN OF ASTATULA FOR FISCALYEAR2019-2020. In the Budget, $35,000 was included to purchase a Dodge Charger from Impact Fees. The manufacturer has ceased to make any more Chargers and there are none available. The Chiefi is requesting additional funding from impact fees of$8,000 to purchase the next cheapest vehicle; Ar motion was made by Councilman Cross to read by title only; seconded by Councilwoman Issartel. The title was read by Mayor Mack.. As there was no agenda item to approve the purchase of the vehicle, it would be included in the motion to approve the resolution. The Mayor then MOTION by Councilman Cross to approve Resolution 2020-06 and approve the purchase  TOI PURCHASEAPOLICE VEHICLE FROM IMPACT FEES.  Ford Interceptor Utility, with an additional $500 for graphics.  reguestedamotion to approve the resolution.  oft the new police vehicle; SECONDED by Councilwoman Kobera  Al Roll Call vote was taken  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0  RESOLUTION 2020-07 = GENERAL FUND BUDGET AMENDMENT FOR A UTILITY IMPACT A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET. AMENDMENTS FOR THETOWN OF ASTATULA FOR FISCALYEAR 2019-2020. Att the March 9, 2020 Regular meeting, Council approved $24,500 from impact fees fora an impact fee study for utilities and public services. This amendment is to add this expenditure to the Clerk Wells pointed Councils attention to certain language included in the Resolution copied from the Impact Fee Ordinance, 2007-B. This authorizes Council to make the determination The following determination is made by the Town Council: (1) Such expenditure is for capital facilities or equipment to be used for the purpose contained. in the title ofthe trust fund from which the expenditure is to bei made; and (2) Such expenditure. is made necessary by thei new construction from which: such funds were collected; and (3)Such expenditure. shall resulti in a benefit to the new  FFESTUDYTOBEI FUNDED FROM EXISTINGIMPACTI FEES.  budget.  whetheri impact fees are being used for thel benefit that they were collected.  construction, from which: said funds were collected.  Town ofA Astatula Meeting Minutes April 13, 2020 Page! 5of8    A motion was made by Councilman Cross to read by title only; seconded by Councilwoman Sikkema. The title was read by Mayor Mack. He then requested a motion to approve the MOTION by Councilman Cross to approve Resolution 2020-07; SECONDED by  resolution.  Councilwoman Issartel Al Roll Call vote was taken  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0 PROPOSAL  RESOLUTION 2020-08 - GENERAL FUND BUDGET AMENDMENT TO FUND FRWA A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AUTHORIZING BUDGET AMENDMENTS FOR' THE TOWN OF ASTATULA FORI FISCAL YEAR 2019-2020. Ap proposal from the Florida Rural Water. Association (FRWA) was received to Modify the Water Use Permit, provide engineering design for a second well and pump, prepare the FDEP permit for new well construction and give assistance through the bidding and contract award process. Thisisa all required to ascertain the cost ofthes second wella and the upgrades necessary toj provide The cost oft the proposal is $13,750 which has been paid to the town by the developer. The fee is non-refundable should the project not take place, but would be offset against future utility AI motion was made by Councilman Cross to read by title only; seconded by Councilwoman Issartel. Thei title wasreadl byl Mayor Mack. Het then requestedamotion to approvetheresolution. MOTION by Councilman Cross to approve Resolution 2020-08; SECONDED by  adequate fire control and potable water to new developments in the town.  impact fees, once adopted, ift the developments go forward.  Councilwoman Sikkema Al Roll Call vote was taken  Cross Kobera Sikkema Issartel Mack  YES YES YES YES YES  MOTION CARRIED 5-0  Town of Astatulal Meeting Minutes April 13, 2020 Page 6of8    BUDGETAND FINANCE REPORT REVIEW  Finance Officer Wells had provided the final report for February for which there were no questions. The March report that Council were viewing, included budget amendment 2020-01 and also 2020-05 and 2020-07 which were approved earlier in the meeting. Amendment The town had not received any Ad Valorem taxes or Solid Waste assessment revenues for the month of! March and this was reflected in the report in green. Electric service tax and franchise fees were also low due to thet time of year and would gradually come to thel budgeted amount: as wegothrough the: summer. Theset threel line items totaled $38,799 which isl more thant the budget The anticipated revenues for sales tax, local option gas tax, 9th cent gas tax and discretionary surtax had all been downgraded to sixty percent of! budget due to potential shortfall created by the Corona Virus. The town had a great month on permit fees which totaled $8,324 against an average of $2,858. This was also good news as the town keeps it all under the agreement with the new building inspectors and just pays for their time. With the rebate from NOVA, the net All departments were under budget for expenditures except for Legal and overall stood at $23,303 under budget. Thel bank balances! look very! healthy and Mr. Wells went over the various increases and decreases. Due to the reduced revenues as a result of the Corona Virus, he stated that he had done some cashflow projections to ensure that the town would have enough funds  resolutions 2020-06: and 2020-08 would be added to the April report.  shortfall.  amount paid out for permit inspections was minus $835.50.  to operate. These showed aj positive outlook.  March Bank Balances: General Fund: Impact Fees: Transportation Fund: Infrastructure Fund: CDBG Fund: Cash Drawer:  384,590.62 97,383.52 133,049.72 397,082.69 25.00 150.00  COUNCI.DEPARIMENT & COMMITTEE REPORT  Finance - Councilman Cross - stated thatduet toi thei inevitable: revenue reduction int the General Fund as ai result ofthe Corona Virus, we would have tol look closely at staff costs should there not bee enough fundsavailable. Hea added that under no circumstances. should the' Town use restricted Public Works - Mayor Mack- - stated that the food truck had not been closed down by the' Town as reported on Facebook. He covered the craziness that had been taking place at the boat ramp  fund monies to pay day to day costs as had happened in the past.  and the actions that he and the Chief planned to take.  Public. Safety/Code Enforcement - Councilwoman Kobera - NONE Office-LDR's, Ordinances, Legal- - Councilman Sikkema - NONE Economic Development- Councilwoman Issartel- - NONE  Town ofA Astatula! Meeting! Minutes April1 13,2020 Page7of8    STAFF REPORTS  Town Attorney - Heather. Ramos - Absent  Police Department - Chief Hoagland - added his comments on the boat ramp situation and strongly recommended that Council members write to Leslie Campion, Chair oft the Lake County BCC and Tommy Carpenter at Lake County EOC. He said that masks had been ordered for the officers and would be here by the end of the week. He reported that crime was down, probably  as people weren't going out. Town Clerk- - Graham Wells - NONE  REVIEW  a. Items for Workshops and possible dates - NONE b. Items put forward for the next Council meeting NONE  Review ofitems needing Special Meetings and possible dates NONE  COUNCIL MEMBER MISCELLANEOUS COMMENTS - Councilwoman Issartel brought up the issue ofthe termination of Kerry Barnett again. The Clerk: stated that all the information received from the attorney had been sent to Council ahead oft the meeting. Councilman Cross said that the decision to terminate him was made and the attorney has affirmed that the 30-day notice was in the contract. He felt that the letter should have been sent. Mayor Mack said that he wanted the  council apprised oft the possibility of legal action being take against the town.  ADJOURNMENT  There being no further business Mayor Mack adjourned the meeting at 8:32 pm.  Respectfully ysubmitted,  Mitchell Mack, Mayor ATTEST:   Graham Wells, Town Clerk    Town ofAstatula Meeting Minutes April1 13,2020 Page 8of8