OFASTA w CCUNTY.F SINCI 1872 TOWN OF ASTATULA MAYOR. AND' TOWN COUNCIL MINUTES REGULAR SESSION MONDAY AUGUST 12,2019 TOWN HALL Having been duly advertised as required by law, Vice-Mayor Mitchell Mack called the Regular Session meeting to order at 7.02pm. Vice-Mayor Mack gave the invocation and Mayor Natale led the Pledge of Allegiance. Members Present: Robert Natale, Mayor Mitchell Mack, Vice-Mayor Stephen Cross Gayle Sikkema Absent: Kimberly Kobera Staff Present: Graham Wells, Town Clerk Jane Whaley, Deputy Clerk Wally Hoagland, Police Chief Tom Wilkes, Town Attorney Tim Green, Town Planner Roll Call was performed, and it was determined that a quorum was present. Mayor Natale welcomed Attorney Tom Wilkes, Town Planner Tim Green, Steve Hoesing and David Whittaker from County Materials and Citizens. CITIZENSQUESTIONS AND COMMENT Ms. Julene Pritchett- 13700 Kansas Avea asked what thej plans were for the community building once the new building is opened. Mayor Natale responded that there were no plans at present and asked if she had any suggestions. Ms. Pritchett suggested that it could be turned into a museum. AGENDA REVIEW The Clerk requested that items 2 and 3 of new business be reversed. MINUTE. APPROVAL Approval of Minutes for June 25, 2019 Special Council Meeting Approval of Minutes for July 8, 2019 Regular Council Meeting Approval of Minutes for) July 29, 2019 Special Council Meeting MOTION by Councilman Mack to approve the minutes shown above; SECONDED by Councilwoman Sikkema For: Cross, Mack, Natale, Sikkema Absent: Kobera MOTION CARRIED 4-0 PUBLICE HEARING TownofAstatulal Meeting Minutes August 12,2019 Page1 1of10 FIRST READING OF ORDINANCE 2019-11 - ANNEXATIONAND REZONING OF PARCEL AK #37710967, TREMENDOUS QUALITY GROWERS.LG ORDINANCE NO. 2019-11 AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, AMENDING THE BOUNDARIESOF THE TOWN OF ASTATULA IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 171.044, FLORIDA STATUES, TO INCLUDE WITHIN THE TOWN LIMITS APPROXIMATLEY 37+/- ACRES OF PROPERTY AND AMENDING THE OFFICIAL ZONING MAP OFTHET TOWN OF ASTATULA, FLORIDA, BY CHANGINGTHEZONING CLASSIFICATION FROM LAKE COUNTY A (AGRICULTURE) TO TOWN OF ASTATULA R-1 (SINGLE FAMILY LOW DENSITY RESIDENTIAL) FOR PROPERTY LOCATED SOUTH OF TENNESSEE AVENUE AND EAST OF CR 561 IN ASTATULA, FLORIDA, AND MORE PARTIC-ULARLY DESCRIBED BELOW; FINDING CONFORMITYWITHSTATE: STATUTES. AND THE COMPREHENSIVE PLAN OF THE TOWN OF ASTATULA, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING A Mayor Natale explained thatthis] propertywentthrough the process ofannexation intot the Town along with other parcels in 2005, however this parcel description was incorrectly recorded in the Ordinance and the annexation is invalid. Since this has now come tol light, the owner and the Town desires to correctly annex the parcel with the corresponding zoning change and Before Council is the review and recommended approval of the application for annexation and rezoning of a property which is +/-37 acres and is located south of Tennessee Avenue and east ofCR561.The rezoning is to change thez zoning on thej property from Lake County. Agriculture to The comprehensive plan amendmenti requesti is to change Future Land Use on the property from Lake County Rural to Town of Astatula Singe Family Low Density. Thej propertyhasac conditional use permit attached toi it to operate as at tree farm approved through Resolution 2015C. Councilman Cross made a motion to read Ordinance 2019-11 and 2019-12 by title only; seconded by Councilman Mack. Ordinance 2019-11 title was read by Mr. Cross. Clerk Wells requested that thatl be dealtwith separately as they were two differentordinances. Mayor Natale gave an overview of the reason for the annexation and rezoning, requested comment or questions from the board and the citizens. There being none he asked: for a motion. MOTION by Councilman Cross to approve Ordinance 2019-11 and send it for second SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Comprehensive Plan. Amendment. Town of Astatula R-1. reading; SECONDED by Councilman Mack A Roll Call vote was taken Cross Mack Natale Sikkema Absent: MOTION CARRIED 4-0 YES YES YES YES Kobera Towno ofA Astatula Meeting! Minutes August 12,2019 Page 2of10 FIRST READING OF ORDINANCE 2019-12 - AMENDING THE COMPREHENSIVE PLANFOR PARCELAK: #37710967.TREMENDOUSQUALITYGROWERS.LLG. ORDINANCE NO.2019-12 ANORDINANCEOFTHETOWN OFASTATULA,FLORIDA,AMENDINCTIHECOMPREHENSIVE PLAN FUTURE. LAND USE MAP OF' THETOWN OF ASTATULA, FLORIDA, BY CHANGING1 THE FUTURE LAND USE CLASSIFICATION FOR PROPERTY LOCATED SOUTH OF TENNESSEE AVENUE AND EAST OF CR 561 IN ASTATULA, FLORIDA, AND MORE PARTICULARLY DESCRIBED BELOW, FROM LAKE COUNTY RURAL TO TOWN OF SINGLE FAMILY LOW DENSITY RESIDENTIAL FINDING CONFORMITY WITH STATE STATUTES AND THE COMPREHENSIVE PLAN OF THE TOWN OF ASTATULA, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING. A: SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The title was read by Councilwoman Sikkema. There was no discussion. MOTION by Councilman Cross to approve Ordinance 2019-12 and send it for second reading; SECONDED by Councilman Mack Al Roll Call vote was taken Cross Mack Natale Sikkema Absent: MOTION CARRIED 4-0 YES YES YES YES Kobera The Clerk explained that Ordinance 2019-11 would come for second reading at the September council meeting. Ordinance 2019-12 would come back once the Comprehensive Plan Amendment had been reviewed and approved by the Department of Economic Opportunity. NEWI BUSINESS AMENDED: SITE) PLANAPPICATION AND REVIEW FROM COUNTY MATERIALS. There is currently approximately 100 feet of 8ft high wall from the corner of CR561 extending eastalong Alabama Ave followed by 280 feet of10fth high wooden privacy fence. Within the fence line there is a requirement for a 30-foot (Type C) buffer per Section 8.8.4 of the Land Development Code and the planting off fourteen Canopy Trees and twenty Understory Trees. When the original site plan wasi reviewed: for the restofthes sitei in 2017,an alternative landscape plan wass submittedi to build: a concrete wall inl lieu ofthel buffer requirements. This was approved by Council. The applicant now wishes to replace the fence along this section with the same designed wall. The cost to County Materials is $42,000, double the cost of planting the trees but itis permanent. Aesthetically iti is beneficial to thet town and would offerb better soundproofingto the residents along Alabama Ave. Towno ofA Astatula Meeting Minutes August 12,2019 Page 3of10 To further reduce noise levels, the applicant agrees to maintain a 30-foot area of open space north ofthewall extending: alongt the 280-footnews section which cannotbe used forany purpose Planner Tim Green said that staff recommended approval for the project. Councilman Mack said that their original plan was to build the wall. Clerk Wells stated that County Materials have replaced thel backup beepers ont the forkl lift that operate in thatarea to further reduce noise. The Mayor asked for any questions from the audience, there being none. he requested a motion. MOTION by Councilman Cross to approve the site plan as outlined in Green Consulting including the storage of pipe. Groups review dated August7:SECONDED by Councilwoman Sikkema Councilwoman Sikkema For: Cross, Mack, Natale, Sikkema Absent: Kobera MOTION CARRIED 4-0 REVIFWOFLETTER RECEIVED EROMJIAMESHARRISAPPFALINGTHEFEESLEVIED INLIEU At the July 8, 2019, the Town Council meeting, Council adopted Resolution 2019-13 which provides for the 3.72+/- acre site owned by James and Rose Marie Harris to be utilized as a six- lotsingle family residential development. As partofthata approval, the Town Council determined that the developer pay a fee of $10,000.00 in lieu of providing an onsite park for Active Recreation Improvements as outlined in Chapter VII ofthe Land Development Regulations ofthe At the time this chapter of the LDR's was adopted, there were no impact fees for Parks. In 2007 an Ordinance was adopted to charge an impact fee of $949.50 per lot when the parcel is developed.. Asar result, the sixl lots in Vistas of Astatula will generate $5,697.00 over time and the applicant feels that levying an upfront fee of$10,000 is charging twice for the same thing. The Mayor said that the town has received al letter from the applicant requesting that the fee be waived and asked for comments from thel board. Councilman Cross: stated that the code was very specific and that it was at the Councils sole discretion to set a fee and that he could not agree to waive the fee entirely as the town must treat every applicant equitably. That this is only a six-lot split did not change anything. He added thatitwasi the Councils choice whether they wanta] park This was agreed by Planner Green who also went over the requirements ifaj park was to be built on the site and what Council need to consider when setting the fee. Section 7.7.2 of the code states that Council shall make the determination of whether to require or accept fees in lieu of improved active park and recreation areas. In making the determination, Town Council will OFPARK. Town of Astatula. or the feei inl lieu and not the applicants. consider the following factors: b) Size of the development a) c) d) Topography of thel land to other recreation facilities Accessibility ofarea to other recreation facilities Accessibility ofa area to transportation corridor Towno ofAstatulal Meeting Minutes August 12,2019 Page 4of10 e) f) g) Availability of other recreation facilities in area Type of development Population expected in development h) Type ofrecreational facility proposed Mayor Natale asked how we came up with the $10,000 fee; Councilman Cross said thati it was his recommendation. Councilman said that he would be comfortable with $2,500. Councilwoman Sikkema agreed with the Mayors suggestion of halving the fee to $5,000. Following further MOTION by Councilwoman Sikkema to reduce the fee to $5,000.00; SECONDED by discussion, the Mayor asked foramotion. Councilman Cross Al Roll Call vote was taken Cross Mack Natale Sikkema Absent: Kobera MOTION CARRIED 4-0 YES NO YES YES RESOINITIONZ019-16- AMENDINGI THE FFESCHEDULEI FOR SPECIAL EVENTS. A RESOLUTION OF THE' TOWN OF ASTATULA, FLORIDA; REPEALING RESOLUTION 2018-I; ESTABLISHING A FEE SCHEDULE FOR THE TOWN OF ASTATULA, FLORIDA; AND The Fee Schedule, Exhibit. A shows the revised fees for Class A, B and C special events. The base fees include the application review, planning meeting for Class A and B, fire marshal and police review and final planning meeting before it goes to Council. Any building permit fees would be Police officers and Public Works personnel fees are based on overtime rates with an administration charge for the Town to cover fuel and use of town equipment. Deposits for cleanup and unforeseen expenses incurred by the' Town will be charged at the equivalentrate of Councilman Cross asked ifthe fees for special events highlighted on Exhibit-A were the only ones being changed. Clerk Wells responded that they were and that they were only staff's recommendation based on figures from other cities. The figures could be amended if council sO desired. He reminded Council that the fees were to cover costs only and not to generate revenue adding that the town could charge additional fees for the cleanup ift the cost became greater than the deposit. There being no further discussion thel Mayor requested a motion to approve the fees. MOTION by Councilman Mack to approve Resolution 2019-16, amending the fees for PROVIDING AN EFFECTIVEDATE. charged separately. the application fee for each Class and are due at time of application. special events; SECONDED by Councilman Cross Al Roll Call vote was taken Town ofAstatulal Meeting Minutes August 12,2019 Page! 5of10 Cross Mack Natale Sikkema Absent: Kobera MOTION CARRIED 4-0 YES YES YES YES ORDINANCE 2019-14 - REPEAL OF ORDINANCE 1977-A AND SETTING COMPENSATION AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, REPEALING ORDINANCE 1977-A RELATING TO PAY FOR TOWN COUNCIL MEMBERS; ADOPTING A NEW COMPENSATION SCHEDULE FOR THE MAYOR AND COUNCIL MEMBERS; PROVIDING FOR SEVERABILITY, CODIFICATION, AN EFFECTIVE DATE. AND REPEAL OF CONFLICTING ORDINANCES. Section 2 of Article 2 oft the Town's Charter provides that the Town Council may determine the compensation of the Mayor and Council Members by ordinance, and the ordinance increasing such compensation shall bel becoming effective on October 10 ofthe next! budgetyear. The Town Council now desires to repeal Ordinance 1977-A and adopt a new pay compensation schedule for the Mayor and Council Members to become effective on October 1, 2019. It is recommended that Mayor and Council Member receive compensation for Fiscal Year 2019-20i in Mayor - $300 per month; Vice Mayor -- $250 per month; Council Members - $200 per month Councilman Macki read the ordinancel byt title. The Mayor explained that the raises were notbeing driven by the board butt that they should be made more attractive for new people to serve on the board. Clerk Wells explained that the intention was to be able to approve raises by Resolution, but the Town Charter do not allow this. Following discussion, he said that a motion was MOTION by Councilman Mack to takeittoavote;: SECONDED by Councilwoman Sikkema FOR' THE MAYOR AND COUNCIL. the following amounts. requested to approve Ordinance 2019-14and send it for second reading. A Roll Call vote was taken Cross Mack Natale Sikkema Absent: Kobera MOTION FAILED 1-3 FROM USB. NO NO YES NO RESOLUTION 2019-15 - APPROVAL OF FUNDING FOR THE NEW COMMUNITY BUILDING ARESOLUTION OF THE' TOWN OF ASTATULA, LAKE COUNTY, FLORIDA; APPROVING TWO UNSECURED LOANS WITH UNITED SOUTHERN BANK IN THE TOTAL AMOUNT OF $350,000; AUTHORIZING THE7 TOWNTO ENTER INTO AND THE MAYORTO! EXECUTE THE LOANI DOCUMENTSANDTAKFALOTHERACTIONSNECESSARYAND REQUIRED1 TOCLOSE THE TWO LOANS; PROVIDING AN EFFECTIVE DATE. Towno ofAstatula Meeting! Minutes August 12,2019 Page 6of10 The Council has voted to go ahead with the construction of the 5,000 square foot community building which is estimated to cost $1,350,000. The purpose oft thel loans is to finalize the funding necessary to complete the project. The full funding for the community building will be through a combination of a $700,000 State of Florida Community Development Block Grant; $300,000 of existing cash from the Town's Infrastructure Fund; and the two loans from USB totaling $350,000. The Mayor read the resolution by title and asked for a motion. MOTION by Councilman Mack to approve Resolution 2019-15 accepting the loan terms with USB and authorizing the Mayor to sign the commitment letter; SECONDED by Attorney Wilkes requested for the record and to be included in the minutes that there is no pledging of the taxing power by the town to] pay off the debt. Itis essentially an unsecured note and the bank would have no ability to seek a judgement of taxing power to pay off the debt. Councilman Cross asked attorneyWilkesifin' his opinion this was a correctway to raise the fund. Councilman Cross Attorney Wilkes concurred. A Roll Call vote was taken Cross Mack Natale Sikkema Absent: Kobera MOTION CARRIED 4-0 COMMUNITY BUILDING. YES YES YES YES APPROVAL TO AWARD THE BID TO SIGNATURE CONSTRUCTION FOR THE NEW Now that the Town has a commitment letter from United Southern Bank to provide the remaining $350,000 off funding necessary to complete the new community building, the bid can Signature Construction was the low bidder for the combined base price and the alternates chosen by Council. The award is contingent on the approval of the Department of Economic MOTION by Councilman Mack to award the bid to Signature Construction contingent on be awarded to Signature Construction. Opportunity. DEO approval; SECONDED by Councilwoman Sikkema Al Roll Call vote was taken Cross Mack Natale Sikkema Absent: Kobera MOTION CARRIED 4-0 YES YES YES YES Town ofA Astatula Meeting Minutes August 12,2019 Page 7of10 APPROVAL TO PURCHASE FENCING FOR PLAYGROUND AT JOES SWAFFAR PARK FROM For the safety of the children using thej playground at) Joe Swaffar Park the' Town seeks to enclose itv with a chain link fence. Thei installation oft the fence will be completed by Public Works staff. IMPACTI FEES. Quotations! have been received from: Sparr Building & Farm Supplies Home Depot Lowes $3,654.19 $1,943.83 $1,922.39 Mayor Natale asked Councilman Mack ifk hel had aj preference on which vendor he would use. Mr. Mackg gave an overview ofthe project which wouldl havet two access points. Thel home depoto quote was forl black fence and the quote from Sparrhas an additional $85.00 delivery charge which was includedi in thel Lowes quotation.. Ar resident: askedi ifthet town should getag quote fromt the fencing company that had just set up in Astatula. Council was not ware of the business and asked for contactinformation. To save this coming backt to a future meeting thel Mayor asked fora a motion MOTION by Councilman Cross to approve the purchase of fencing at) Joe Swaffar Park for an amount not to exceed $2,000 to be paid from Parks impact fees; SECONDED by to approve a dollar amount. Councilwoman Sikkema For: Cross, Mack, Natale, Sikkema Absent: Kobera MOTION CARRIED 4-0 DISCUSSIONANDAPPROVALTOACCEPTATWO-YFARRATEGUARANTEEFORINSURANCE Last year's premium fori insurance provided by FMIT was $53,645.00 as was the previous year. A competitive quote was sought from Preferred Governmental Insurance Trust (PGIT) which was $39,959. In order to not lose the business oft the town, FMIT's renewal premium came in at $39,749.00 with an option to guarantee that rate for two years should Council wish to accept it. MOTION by Councilman Mack to approve the renewal ofinsurance with the two-year rate (FMIT). guarantee with FMIT; SECONDED by Councilwoman Sikkema For: Cross, Mack, Natale, Sikkema Absent: Kobera MOTION CARRIED 4-0 OLD BUSINESS UPDATE ON THE COMMUNITY BUILDING- - VICF-MAYOR.MACK Councilman Mack gave al brief update on' where we were: and responding to the Mayors question said that construction can proceed when the approval comes back from DEO. He added that as Florida was 50th in the nation for CDBG grants they had approved the use of1 100 percent oft the grant money before spending the Towns funds or the loan. Town ofAstatulal Meeting Minutes August 12,2019 Page 8of10 Councilman Mackl had aj personal issue to attend to and left the meeting at 7:58 pm. BUDGETA AND FINANCE REPORTI REVIEW closing bank balances atj July 31,2019. Finance Officer' Wells gave an overview ofthe revenues and expenditures for July along with the General Fund: Impact Fees Transportation Fund Infrastructure Fund CDBG Fund Cash Drawer 255,918.59 87,273.00 101,928.25 360,493.78 25.00 150.00 Hesutedthatrevenuestalangacuntafimpactisandsaleofaset: weresi7785overbudget: and expenditures were $25,211 under budget. The police budget was $10,728 over budget but mitigated by the purchase of AED's for $9,864.00 which was approved as a non-budgeted Councilman Cross asked whether the report could be adjusted to add the $9,864 to the budget side SO that it balances out. Mr. Wells agreed to do it as it was only an internal report and do a He reported that hel had amended the cashflow forecast with more extensive information and it looked like the town would finish much stronger than expected. He added that when Pat comes in at the beginning of September, he planned to repay the outstanding $35,000 loan back to the Clerk Wells requested another budget workshop to review the information and changes that have taken place since the budget was put together in May. A date was agreed for August 26, 2019 at 6:00 pm. From there we can finalize the budget for the September 9 Council meeting expense. budgetamendment: at the end ofthe year. infrastructure fund. with al last check before the preliminary budget hearing on the September 12. COUNCIDEPARIMENT & COMMITTEEREPORT member. should visit any new businesses in the town. Public Works - Vice-Mayor. Mack - ABSENT Economic Development - Councilwoman Sikkema - Suggested that the Mayor or a Council Public. Safety/Code. ercment-Caumdhonen Kobera-ABSENT Office Finance - Councilman Cross-NONE Office - LDR's, Ordinances, Legal - Mayor Natale - Mayor suggested that the town nominated Olive Ingram fort the Lake County HallofFame. Nominations are due on September 20. Nominations can come from any individual as well as from the Town. Towno ofAstatula! Meeting Minutes August 12,2019 Page 9of10 STAFF REPORTS Town Attorney - Tom Wilkes - NONE Police Department - Chief Hoagland - Gave a report on the back to school backpack drive held at the elementary: school this past. Saturday, it turned our very well. He requested that a certificate ofappreciation be sent to each of the firms and people who donated. He thanked. Arlie and Tania Farleyw who donated money and: split the shopping with him. We had almost. $3,000 donated which purchased 150 backpacks, provided a face painter, hot dogs and drinks. He thanked Graham and Jane forattending along with all the police officers. He gave an update on the recruitment ofa new crossing guard. Town Clerk - Graham Wells - Pointed out the effort that the Chief had put in to make the backpack event. SO successful. He also brought up that we. should. shortly send out a newsletter and asked for any suggestions to be included. REVIEW a. Items for Workshops and possible dates - Budget workshop on. August 26th b. No items were put forward for the next Council meeting. Councilman Cross will be Review ofitems needing Special Meetings and possible dates - NONE absent from the next meeting COUNCIL MEMBER MISCELLANEOUS COMMENTS -I NONE ADJOURNMENT There being no further business Mayor Natale adjourned the meeting at 8:29 pm. Respectfully: submitted, P Robert C.I Natale. Mayor ATTEST) ZRa Graham,Wells," Town Clerk BORATE No - 1A 921 Town ofA Astatulal Meeting Minutes August 12,2019 Page 10of10