OFASTAP M CCUNTYV,FL SINCE 1872  TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES  REGULAR SESSION Monday December 9, 2019 TOWN HALL  Having been duly advertised as required byl law, Mayor Mitchell Mack called the Regular Session meeting to order at 7.00pm. He gave the invocation and led the Pledge of Allegiance.  Members Present: Mitchell Mack, Mayor Stephen Cross Kimberly Kobera Gayle Sikkema  StaffPresent: Graham Wells, Town Clerk Wally Hoagland, Police Chief Jane Whaley, Deputy Clerk  Roll Call was performed, and it was determined that a quorum was present. Mayor Mack welcomed the Central East Director of the Florida Association of City Clerks; City Clerks from  Mascotte, Montverde and Umatilla.  PRESENTATION  Presentation of Certificate and Pin to Town Clerk Graham Wells on receiving the 'Certified Municipal Clerk' (CMC) designation. The presentation was conducted by Ms. Patricia Burke; Central East District Director ofthe Florida. Association of City Clerks (FACC). Also, in attendance were the City Clerks Michelle Hawkins from Mascotte, Karen Howard from Umatilla and Brenda  Brasher from Montverde.  APPOINTMENT AND SWEARING IN OF NEW COUNCIL MEMBER  The Mayor's recommendation to fill the open Council seat is Ms. Orita Issartel. Orita currently serves on the Planning and Zoning Board And has been a resident of the Town for many years. The Mayor asked the Board for any comments on the appointment and requested a motion to MOTION by Councilman Cross to approve the appointment of Ms. Issartel to the Town  approve.  Council; SECONDED by Councilwoman Kobera For: Cross, Kobera, Mack, Sikkema MOTION CARRIED 4-0  Ms. Issartel was sworn into office by Clerk Wells and took her seat on the Board.  CITZENSQUESTIONSANDN COMMENT There were no citizens questions or comments.  AGENDA REVIEW  There were: no amendments to the agenda. The minutes on the agenda were not available.  Towno ofAstatula Meeting Minutes December9,2 2019 Page 1of7    MINUTE. APPROVAL  There were: no minutes for approval.  PUBLICI HEARING  FINALREADINGOFORDINANCE2019-29-APPLICATIONTONTOREPLACE THEJ EXISTINGPUD APPROVED WITH ORDINANCE 2012-A WITH A NEW PUD WITH NEW USES AND  STANDARDS. ORDINANCE2019-29  ANORDINANCEOFTHETOWNOFASTATULA, FLORIDA, AMENDING THEOFFICIALZONING MAP OF THE TOWN OF ASTATULA, FLORIDA, BY REPLACING THE EXISTING PUD ZONING APPROVED WITH ORDINANCE 2012-A WITH A NEW PUD. THE PROPERTY IS LOCATED SOUTH OF TENNESSEE AVENUE AND EAST OF CR 561 IN ASTATULA, FLORIDA, AND CONTAINS. APPROXIMATLEY 100. ACRES, AND MORE PARTICULARLYDESCRIBED BELOW; FINDING CONFORMITY WITH STATE: STATUTES AND' THE COMPREHENSIVE PLAN OFTHE TOWN OF ASTATULA, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING A SAVINGS The PUD was created in 2012 for the Central Florida Motorsports Park tol hold events at the site. Having tried with two lessees, with disastrous consequences, the owner, Paul Faircloth of Faircloth Family Ltd has entered into an agreement to sell the site to National Storm Recovery, The proposed usesands standards for thej propertyareoutined in Section 3ofthe Town Planners Report, where there are also items that are recommended for discussion and consideration by Council. The application has been heard before the Planning and Zoning Board. The public hearing notice has been sent to nearby residents and businesses, posted in town hall and a sign placed att the parcel as per the code. It was also advertised in thel Daily Commercial onl November Mayor Mack deferred to Planner Green for an update. He stated that Osceola County should be added to the list of counties in sections B and C. The ordinance had been revised to add the additional county and two of the three items that Councilman Cross wanted added; specifically, the restriction teymragymadhayle 7:00 pma and' 7:00: am and thel ban on burning ofany product on the site. He went over the details and stated that he recommended approval. Planner Green stated that the applicant would be required to bring a site plan to Council when they wanted to begin development of the site. He also responded to Mr. Cross question that it Mayor Mack opened Public Comment on this topic. Mr. Sean Donnellyasked. about thet temporary housing for workers during a disaster or major storm. Planner Green responded that there was the option to use the RV parking thati is existing on the site. Mayor Mack closed public comment,  CLAUSE; AND PROVIDING ANI EFFECTIVEDATE.  LLC who wish to usei it for a wood debris processing facility.  27,2019.  was not: an agricultural operation.  read the title oft the ordinance and requested a motion.  Towno ofA Astatula Meeting! Minutes December9,2019 Page2of7    MOTIONI by Councilman Cross to approve Ordinance 2019-29with theadlitionofOsceola County being inserted in Sections B and C; SECONDED by Councilwoman Sikkema  Al Roll Call vote was taken  Mack Kobera Sikkema Cross Issartel MOTION CARRIED 5-0 NEW BUSINESS  YES YES YES YES YES  RESOLUTION 2019-33 - CONSIDERATION AND APPROVAL OF THE PRELIMINARY  DEVELOPMENTAPPLICATIONFORCOLINADELLAGO.  RESOLUTION: 2019-33  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; GRANTING APPROVAL OF A PRELIMNARY DEVELOPMENT PLAN FOR THE PROPOSED COLINA DEL LAGO SUBDIVISION CONTAINING 60 RESIDENTIAL LOTS ON APPROXIMATLEY 88.6. ACRESLOCATED SOUTH OF MASSACHUSETTS AVENUE AND WEST OF ADAMS STREET; PROVIDING FOR RECORDATION; PROVIDING FOR AN EFFECTIVE ThisisaF Preliminary Development Plan fort the proposed Colina Del Lago residential: subdivision containing 60 residential lots on approximately 88.6 acres located south of Massachusetts Avenue and west of Adams Street within the Town of Astatula. A recommendation to approve the application was unanimously voted upon by the Planning and Zoning Board at their meeting Mayor Mack: stated that the subdivision was platted right at the time ofthel housing crisis but did not get developed. Mr. Jim Stout was now going to develop it who was present along with engineer David Clutts. Planner Green went over the details of the application which all met the criteria set out by the Towns code. He: added that they were going to provide at tree: surveyanda trafficstudy which would havet tob be: submitted tot thel Lake-Sumpter MPO. Engineer Clutts would It was discussed with the applicant at the Planning and Zoning meeting that they were welcome top puti in ap parki ifthey felt thati itwould enhance the project but thatt thet town would not maintain it. Park impact fees would be paid as each lot is built on. Staff recommendation was to approve the plat and the developer would then come back with a more detailed site plan to include fire The Mayor opened it up to the board for their comments. Councilman Cross had questions about paved roads, access, drainage and al lot that was not in the subdivision. He asked whether they planned tol have anyl lake access or a dock.' The developer stated that theywerei notasthe Astatula  DATE.  on December 2, 2019.  be in contact with the school board to verify concurrency.  protection.  boati ramp was sO close by.  Town ofA Astatula Meeting! Minutes December9,2019 Page3of7    Thei mayor brought up the conversation on whether there would be one access to the project or two? For1 the flow oftraffic going north ands south on CR561 the town felt thati iti needed two with full access and no gate. He opened for public comment. Mr. Sean Donnelly asked whether this was the final approval of the project. Mayor Mack explained that it was as far as the way the development would be platted but that they would come back with a detailed site plan for Mr. Issartel asked what the utilities would be. Mr. Clutts said that thel lots would be on septic but that the water was undecided. As they were on half-acre lots they could operate on wells, however it was anticipated that the Town would be able to provide potable water by the time Being no further comment, the Mayor closed public comment, read the Resolution title and MOTION by Councilman Cross to approve Resolution 2019-33 with the the full two accesses to the development and parcel 1 being included in the subdivision; SECONDED  construction, utilities and assets.  construction started.  entertained a motion from Council.  by Councilwoman Issartel ARoll Call vote was taken  Mack Kobera Sikkema Cross Issartel MOTION CARRIED 5-0  YES YES YES YES YES  RESOLUTION 2019-17 CONSIDERATION AND APPROVAL OF THE PROPOSED LOT SPLIT FORTHE267ACRESIEIMYINGFASTOFMADISONSTREETA AND NORTHOF ROSE] HOLLOW  WAYINTHETOWNOE ASTATULA. RESOLUTION 2019-17  A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; GRANTING A LOT SPLIT FOR LAND LOCATED AT THE EAST OF MADISON STREET AND NORTH OF ROSE HOLLOW WAY; PROVIDING FOR RECORDATION; PROVIDING FOR AN Green Consulting Group, Inc. (GCG) has conducted. ai review of the proposed Lot Split for the 2.67 Acre site lying East ofMadison Streetand! North of Rosel Hollow' Wayi in the' Town of Astatula. The existing parcel is zoned R-1. The proposed Lot Split will divide the parcel into two parcels. The submitted survey is dated 11/19/2019 prepared by Target Surveying, LLC, Signed by Florida Arecommendation to approve the application was unanimously voted upon by thel Planning and Zoning Board att their meeting on December 2,2 2019, contingent upona all outstanding items being  EFFECTIVE! DATE.  Surveyor and Mapper #6415.  provided to the planner.  Towno of Astatulal Meeting! Minutes December 9, 2019 Page 4of7    Theyalsoraisedt thei issuet thatt there are taxl liens ont the property and wanteda ana attorney opinion concerning the Town's ability to grant the lot split as a contingency of recommendation. The First, Icannot find anys statutes that require payment of delinquent, property taxes before a county or city approves. subdivisions or lot splits. Itseems to have no legal bearing on whether the town council has the power to approve the lot split now versus requiring payment ofdelinquent taxes Second, both the property-tax liability and the lot-split approval, ifgranted, run with the land. If the split-off portion of the parcel is promptly sold or conveyed, the new owner must pay all or a proportionate amount of the delinquent taxes or risk losing his/her property to an eventual tax- Planner Green reiterated the Mayor's comment that there are two homes on this lot which is non-conforming with the current code. The split was not straight forward but does work to enable both properties to have adequate setbacks. They would have to follow the Health Department guidelines regarding the wells and septic tanks. The Realtor confirmed that they There was one outstanding item, but Mr. Green said that it would not affect Councils ability to vote to approve the split. Mayor Mack asked for comments from the Board and public. There MOTION by Councilman Cross to approve Resolution 2019-17 contingent upon the one  attorney's opinion is shown below:  beforeapprova.  deed: sale.  currently share a well but that there were two wells on the property.  being none he read the Resolution title and requested a motion.  remaining item being provided; SECONDED by Councilwoman Issartel  ARoll Call vote was taken  Mack Kobera Sikkema Cross Issartel MOTION CARRIED 5-0  YES YES YES YES YES  CONSIDERATIONOF CLOSINGTOWN HALLONT THURSDAYDECEMECEMBER26.2019. Mayor Mack requested that council consider closing town hall on Thursday December 26th SO MOTION by Councilman Sikkema to approve closing town hall on December 26, 2019;  that Jane could have an extended unbroken time off from work.  SECONDED by Councilwoman Kobera For: Mack, Kobera, Sikkema, Cross, Issartel  Against: NONE MOTION CARRIED 5-0  Town of Astatulal Meeting! Minutes December9,2019 Pages 5of7    LIGHTUP ASTATULA - REPORTON EVENT - CLERK WELLS  It was generally considered to have been a successful event even though the numbers were not as high as last year. This was attributed to the earlier starting time as people were still arriving at6:30 pm. Itwas suggested that we advertise next year at 6:15pm to: startat6:30p pm. Comments were that the sound system did not extend past the disabled pad which along with the lighting generator and children playing made it difficult for people to hear the closer you were to the community building. Next year, maybe move all the food and raffle to the opposite end of the The cake walk was a success and thanks go to the cemetery committee for organizing this and the raffle. Also, thanks to Councilor Sikkema for organizing people between walks. The Farley family counted 172 families for the pictures with Santa and special thanks go to them for providing Santa and Mrs. Claus to conduct the lighting ofthe tree. Thanks also go to Pastorl Lane and Jayson Keefer from Astatula Baptist Church for providing the Sound system, musicians and the choir plus the cooking of the hot dogs and to Pastor Francisco from A G Iglesia Refugio De  parking lot.  Amor Church for their drama presentation. BUDGET AND] FINANCE REPORT REVIEW  Finance Officer Wells gave an overview of the revenues and expenditures for October which were discussed last meeting. It was good for a first month of the new fiscal year with revenues $2,700 over budget and expenses $1,500 under budget. Councilman Cross was concerned how low the general funds got before the new ad valorem taxes were received and suggested a reserve be set up in case of an emergency such as we saw with the clean up for Hurricane Irma. The November report was discussed, with revenues showing $262,000 less than budget, however the town received $256,000 on December 6th but the corresponding paperwork showing the split between ad valorem taxes and solid waste assessments was not yet available. Taking account oft this and the error of $12,000 not reported for the school resource officer, we Mr. Wells went over the summary sheet for expenditures which totaled $9,855 under budget. The general fund bank balance went up by $59,000 due to the first payment of ad valorem taxes.  were around $6,000 over budget ton revenues.  The totals are: shown below. November 2019 Bank Balances: General Fund: Impact Fees: Transportation Fund: Infrastructure Fund: CDBG Fund: Cash Drawer:  72,971.99 104,870.50 114,337.69 389,601.45 25.00 150.00  Mr. Wells stated that he planned to do any budget amendments that were necessary on a  quarterly basis rather than leave it to the end of the year.  Town of Astatulal Meeting Minutes December 9,2019 Page 6of7    When reviewing the transportation fund, he felt that the gas taxes would come in around $4,000 less than hel had budgeted ast the County has changed the calculation for distribution to the Cities and Towns. This took place immediately after the budget was passed. Overall the Town was in  good shape financially.  COUNCIDEPARIMENT & COMMITTEE REPORT Economic Development- - Councilwoman Sikkema - NONE  Public Works - Mayor Mack-N NONE  Public Safety/Code Enforcement - Councilwoman Kobera Gave a report on the cleanup Astatula and at thankyou for all that took part in Shop-with-a-cop and the officers for giving their time for Light up Astatula. She announced that the Chief was focusing his officers on the back roads during Christmas and New Year to watch houses and reduce the likelihood of burglaries. Ms. Kobera thanked Mr. Cross for suggesting that officers stand post for Olive Ingram's funeral and to the officers who attended and helped with traffic from the Church to the Cemetery. Office - LDR's, Ordinances, Legal - Councilman Cross - It was suggested that this liaison  Finance - Councilman Cross- - NONE position come to Council for approval in January.  STAFF REPORTS  Town Attorney- - Tom Wilkes- - ATTORNEY WAS. ABSENT Police Department- - ChiefHoagland - CHIEF WAS ABSENT  Town Clerk - Graham Wells - NONE  REVIEW  a. Items for Workshops and possible dates - NONE b. Items put forward for the next Council meeting NONE COUNCIL MEMBER MISCELLANEOUS COMMENTS- -NONE  Review of items needing Special Meetings and possible dates NONE  ADJOURNMENT  There being no further business Mayor Mack adjourned the meeting at 8:40 pm.  Respectfully: submitted, EAMAE Mitchell Mack, Mayor ATTEST)  Graham Wells, Town Clerk  ATUL  4927  Town of Astatulal Meeting! Minutes December9,2019 Page 7of7