TOWN OF ASTATULA MAYOR. AND TOWN COUNCIL MINUTES  REGULAR SESSION MONDAY MAY13,2019 TOWN HALL  SINCE  1872  Having been duly advertised as required byl law, Vice-Mayor Mitchell Mack called the Regular Session meeting to ordera at 7.00pm. Vice-Mayor Mack gave the invocation and Mayor Natale  led the Pledge of Allegiance. Members Present: Robert Natale, Mayor Mitchell Mack, Vice-Mayor Kimberly Kobera Gayle Sikkema Absent: Stephen Cross  Staff Present: Graham Wells, Town Clerk Jane Whaley, Deputy Clerk Wally Hoagland, Police Chief Zachary Broome, Town Attorney  Roll Call was performed, and it was determined thata a quorum was present.  CITIZENS QUESTIONS AND COMMENT There were no citizens questions or comments.  AGENDA REVIEW  Clerk Wells stated that when the agenda was sent out, only the cover sheet was available for Ordinance 2019-04 Special Events. The ordinance is now available, and he requested that it be discussed. Ifa a consensus was that Council were good with it or with any minor changes that it be voted on as first reading and brought back for final reading at the June meeting.  PRESENTATION  Proclamation - As this was Motorcycle Awareness Month the Mayor read aloud a proclamation on behalf oft the Town for the Lake County Chapter of ABATE of Florida, Inc. The Proclamation was signed by the Mayor and presented to the President of the Chapter, Mr. Will Deaver. Mr. Deaver thanked the Mayor and the Town for their support. The Mayor asked that "Watch out for Motorcycles" bej periodically put on the Town sign.  MINUTE APPROVAL  Approval ofl Minutes for April 8, 2019 Regular Council Meeting Approval ofl Minutes for April 25, 2019 Planning Workshop Approval ofl Minutes for April 25, 2019: Special Council Meeting  Townd of Astatula Meeting Minutes May1 13,2019 Page1of12    MOTION by Councilwoman Sikkema to approve the minutes shown above; SECONDED  by Councilwoman Kobera For: Mack, Natale, Kobera, Sikkema MOTION CARRIED 4-0 PUBLIC! HEARING  FINALREADINGOFORDINANCE2019-03-F REPEALOFORD.2013F.MAINTENANCEOF  FORECLOSURE PROPERTIES. ORDINANCE NO.2019-03  AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, REPEALING ORDINANCE 2013F RELATINGTO MORTGAGEDH REALPROPERTY; REPEALING CHAPTER110FTHE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR The town has been using Property Registration Champions, LLC for many years to handle and administrate the registrations of foreclosed properties in the town. As of the March Council meeting it was voted upon to not renew their contract, however the requirement to have the properties registered by ordinance remains in force. Ordinance 2019-03 repeals The first reading of Ordinance took place at April 25, 2019 Special Council meeting and the MOTION by Councilman Mack to approve Ordinance 2019-03; SECONDED by  CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.  Ord. 2013F in its entirety.  public hearing was advertised in the Daily Commercial on May 3,2019.  Councilwoman Sikkema A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0 NEW BUSINESS FOR LP GASTANKS ORDINANCE 2019-08  FIRST READING OF ORDINANCE 2019-08 AMENDINGTHEIAND DEVELOPMENT CODE  Town of Astatula Meeting Minutes May 13, 2019 Page 2of12    AN ORDINANCE OF THE TOWN OF ASTATULA, FLORIDA, AMENDING CHAPTER 4 OF THE LAND DEVELOPMENT REGULATIONS RELATING TO LP GAS TANKS FOR RESIDENTIAL USE; PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITIEPROVIDING FORCODIFICATIONANDSEVERABILITYANDPROVIDINGFOR The Land Development Regulation currently requires a Conditional Use Permit for residential tanks over 30-pound. This Ordinance amends Section 10.4.10 of the Land  AN EFFECTIVE DATE.  Development Code. The proposed language will be changed to:  4.10.4 Gas, Propane, or LPStorage Facility zoning category unless a tank is forresidential use.  A)Anygas, propane, or LPs storage tank or facility must obtain a conditional use permit in any Any other gas, propane, or LPstorage tank or facility must apply for a conditional use permit. Setbacks and special conditions will be considered and adopted during the conditional use A vote to recommend approval of Ordinance 2019-08 was taken at the May 2, 2019 Planning and Zoning meeting. Approval to adopt Ordinance 2019-08 and send to second reading was requested. Councilman Mack asked ift there were any adverse comments from P&Zmembers about this; Clerk Wells said that there were no questions or comments made. Councilman Mack then read the Ordinance by title only and madear motion tosend forsecond MOTION by Councilman Mack to approve Ordinance 2019-08 and send to second  approval process.  reading.  reading; SECONDED by Councilwoman Sikkema  A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0  RESOLUTION 2019-07 WAIVING FEES FOR CONDITIONAL USE PERMITS FOR RESOLUTION NO. 2019-07 - A RESOLUTION OF THE TOWN OF ASTATULA, FLORIDA WAIVING FEES FOR CONDITIONAL USE PERMITS FOR RESIDENTIAL PROPANE TANKS;  RESIDENTIALPROPANETANKS  AND PROVIDING AN EFFECTIVE DATE.  Town of Astatula Meeting Minutes May 13, 2019 Page 3of12    The' Town has two applications for residential propane tanks, one in-ground and one above ground. The Land Development Regulation requires that a Conditional Use Permit is issued. Approval of Resolution 2019-07 waiving the fees associated with the CUP application for residential gas tanks for the two current permits is requested. Councilman Mack read the MOTION by Councilman Mack to approve Resolution 2019-07; SECONDED by  title oft the Resolution followed by a motion to approve.  Councilwoman Kobera Al Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0  RESOLUTION 2019-05APPROVALOE CONDITIONAL USE PERMIT FOR 26016 AZALEA RESOLUTION 2019-05 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; GRANTING A CONDITIONAL USE PERMIT FOR LAND LOCATED AT THE 26016 AZALEA LANE TO ALLOW AN LP TANK LARGER THAN 30 POUNDS; PROVIDING FOR RECORDATION; PROVIDING FOR AN EFFECTIVE DATE. MOTION by Councilwoman Kobera to approve Resolution 2019-05 allowing for a Conditional Use Permit for 26016. Azalea Lane; SECONDED by Councilman Mack  LANE.  A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0 VERDE CIRCLE.  RESOLUTION 2019-06 APPROVAL OF CONDITIONAL USE PERMIT FOR 13320 CASA RESOLUTION 2019-06 - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF ASTATULA, FLORIDA; GRANTING A CONDITIONAL USE PERMIT FOR LAND LOCATED AT THE 13320 CASA VERDE CIRCLE TO ALLOW AN LP TANK LARGER THAN 30 POUNDS; PROVIDING FOR RECORDATION; PROVIDING FOR AN EFFECTIVE DATE.  Town ofA Astatula Meeting Minutes May 13, 2019 Page 4of12    MOTION by Councilwoman Kobera to approve Resolution 2019-06 allowing for a Conditional Use Permit for 13320 Casa Verde Circle; SECONDED by Councilwoman  Sikkema Mack Natale Sikkema Kobera Absent: Cross  AI Roll Call vote was taken  YES YES YES YES  MOTION CARRIED 4-0 INCI PER THEIR CONTRACT  APPROVAL OF RATEINCREASE FOR GARBAGE DISPOSALI FOR WCA WASTESYSTEMS. The contract with WCA provides for an annual rate adjustment in line with the CPI for the solid waste for residential customers. The proposed rate increase: is $0.42p perhousehold per month. If approved, Resolution 2019-09 will be voted on to have the new assessment put onto the tax roll. The new annual charge will go into effect on October 1, 2019. MOTION by Councilwoman Sikkema to approve the rate adjustment for WCA Waste Systems, Inc in line with their contract; SECONDED by Councilman Mack  Al Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES NO  MOTION CARRIED 3-1 THETRIM.  RESOLUTION 2019-09APPROVING THE SOLID WASTE RATE INCREASE TOGO ONTO RESOLUTION NO. 2019-09 - A RESOLUTION OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE INCORPORATED AREA OF THE TOWN OF ASTATULA, FLORIDA; APPROVING THE RATE OF ASSESSMENT;APPROVING THE ASSESSMENT ROLL; AND PROVIDING, AN Following the approval of the rate increase to WCA, Resolution 2019-09 authorizes the increased assessment to be passed onto the residents and put on the tax roll." The new annual charge will go into effect on October 1, 2019. The title of the Resolution was read by  EFFECTIVE! DATE.  Councilwoman Sikkema and a motion was requested to approve.  Townd of Astatulal Meeting Minutes May 13, 2019 Page 50f12    MOTION by Councilman Mack to approve Resolution 2019-09; SECONDED by  Councilwoman Sikkema A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0  APPROVALOFTHE PURCHASE OFAN NEW MOWER DECK - VICE-MAYOR MACK. Councilman Mack gave an overview of the purchase requirement. The town successfully replaced the deck on one the other mower last year. The two mowers were purchased in 2010 at a cost of $28,000. The deck on the second mower is coming to the end ofi its useful life and replacement is part of the maintenance to extend the life of the mower. Trail Saw and Mower are a sole source vendor for the manufacturer. The purchase will extend the life Mayor Natale asked if this was budgeted; Councilman Mack replied that it was budgeted in Repairs and Maintenance of equipment in the Transportation Fund. When asked by Councilwoman Sikkema, Clerk Wells said that the deck was not specificalybudgeted for but that there was money available in the Repairs & Maintenance for it to be purchased. MOTION by Councilman Mack to approve the purchase ofthe mower deck; SECONDED  oft the current mower fleet which is needed for ROW mowing.  by Councilwoman Kobera A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0  APPROVAL FOR' THE PURCHASE OF EIGHT AUTOMATED EXTERNALDREIBRILLATORS The Town currently has two. AED's, one in the Chiefs vehicle and one in Sgt. Browns vehicle. These are at least seven years old and it is uncertain if they are in working order. The AED's proposed are manufactured by Physio Control and are compatible with all the Defibrillators carried on Lake County Fire Trucks and EMS vehicles. They have an eight-year warranty and the quotes include a carry case, two sets of regular pads and a set of pediatric pads. It is  (AED)FOR POLICE VEHICLES.  important for all our police vehicles to carry this life saving equipment.  Townd of Astatula Meeting Minutes May1 13, 2019 Page 6of12    Clerk Wells said that this was brought to Council several months ago where as straw poll was taken to go ahead and get quotes toj purchase seven units. In the meantime, the town applied for a grant through Firehouse Subs but was unsuccessful in securing the grant. Council had accepted that if the grant money was not forthcoming, then the town would purchase the The original quote was for seven units, however he added that as we have eight vehicles, it isl logical to have one in each. The town has eight old Phillips FRX: models for which we can geta$1,200 manufacturers rebate which would cover the cost oft the extra unit. Thisi is nota MOTION by Councilwoman Kobera to approve the purchase of eight AED's for the  units through Public Service Impact Fees.  budgeted expense. Mayor Natale requested a motion. police vehicles; SECONDED by Councilwoman Sikkema  A Roll Call vote was taken Mack Natale Sikkema YES Kobera Absent: Cross  YES YES YES  MOTION CARRIED 4-0  Clerk Wells stated that the cheapest quote of $9,864.00 with the addition of the rebate was FIRSTREADINGOE ORDINANCE2019-019-04AMENDINGORDINANCE2013CFORSPECIAL  from Sterlington Medical and that he proposed toj purchase from them.  EVENTS.  ORDINANCE: 2019-04  AN ORDINANCE OF THE TOWN OF ASTATULA, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE TOWN OF ASTATULA, FLORIDA; PERTANINGTOSPECIAL EVENTS. AND RECURRING EVENTS; PROVIDINGIEGSLATVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR THE QUALIFICATION OF NON- PROFIT CHARITABLE ORGANIZATIONS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR PERMIT SSUANCE; PROVIDING FOR SPECIAL EVENT AND RECURRING EVENT TERMS AND CONDITIONS; REQUIRING INDEMNIFICATION AND INSURANCE; PROVIDING FOR ALCOHOLIC BEVERAGE REGULATIONS; PROVIDING FOR NOISE CONTROL; PROVIDING FOR PUBLIC LAW ENFORCEMENT AND PRIVATE SECURITY SERVICES, FIRE DEPARMENT SERVICES, EMERGENCY MEDICAL SERVICES, PUBLIC WORKS SERVICES BUILDING DEPARTMENT SERVICES; REQUIRING PORTABLE TOILET FACILITIES AND GARBAGE PICKUP; PROVIDING A FEE SCHEDULE; PROVIDING FOR CONFLICT; PROVIDING A SAVINGS  CLAUSE; AND PROVIDING AN EFFECTIVE DATE.  Town ofA Astatulal Meeting Minutes May 13, 2019 Page7of12    Ordinance 2013C was adopted in June 2013 to regulate and control special events in the town. It also repealed an earlier ordinance from 2012 which is considered more comprehensive and had the necessary and corresponding language to enforce the events held at The Central Florida Motorsports Park. This new ordinance has the necessary language to correspond to Ordinance! 2012A creating the Planned Urban Development(PUD) Mayor Natale asked Attorney Broome to give an overview ofthe ordinance. He: stated thatto clarify it was a special event ordinance for the Town and not just pertaining to the Motorsports Park. It basically falls into three classes; A. being for the largest and the most impactful to thet town, to Class C. which covers the smaller events. There was: some discussion from the April meeting following Councilman Mack's suggestion to limit the requirement for The ordinance mandates the requirements for public safety and the impact on them to provide EMS and law enforcement for an event. Ita also contains requirements for noise and the hours of operation. Class A has more stringent rules to ensure the adequate cover for public safety. Mayor Natale brought up the requirement for fees to be paid directly to the Town and not to the police officers. Attorney Broome said the ordinance covers this point. Clerk Wells stated that he would be reviewing the current fees charged for event permits to ensure that they were adequate to cover the' Towns costs for Law Enforcement, public works and the Fire Marshall. This would come to Council for approval by Resolution at the next meeting. He suggested that Council review the comments and suggested changes brought forward by Councilman Mack. These were discussed at length and are summarized or 1. A floor limit of fifty people to be puti in place before a Class C permit is required. This enables smaller gathering and use ofthe community building not to be affected. 2. The Ordinance would cover events on private property and would also regulate 3. Sec. 27-6s should state that the Town Clerk: shall notify the applicant and not Council. 4. Sec. 27-9 refers to the noise ordinance which needs to be updated. Noise is also 5. Fee deposits to cover unexpected costs to the Town need to be put in place. This is 6. Sections 27-11 and 27-12 need to be looked at to ensure that the Town has the 7. Sec. 27-34 to be amended that only residents of the town within 1,500 feet of the Having discussed the main points in the Ordinance, attorney Broome felt that the changes were not significant to prevent it from being the first reading. Councilwoman Kobera read  fort the Central Florida Motorsports Park.  a permit forl less than fifty people but that was up to Council.  clarified as follows:  events held at the new community building at Swaffer Park.  controlled by the hours of operation. partly covered in Sec. 27-6(). necessary agreements inj place. event will be notified.  Ordinance 2019-04 by title and a motion was requested.  Town of Astatula Meeting Minutes May 13, 2019 Page 8of12    MOTION by Councilman Mack to approve Ordinance 2019-04: as amended; SECONDED  by Councilwoman Sikkema A Roll Call vote was taken  Mack Natale Sikkema Kobera Absent: Cross  YES YES YES YES  MOTION CARRIED 4-0 OLD BUSINESS  UPDATE ON THE COMMUNITY BUILDING- VICE-MAYORI MACK  Councilman Mack stated that the pre-bid meeting was scheduled for May 23rd at 10:00 am atTown Hall. Fred Fox, the architect from Bessolo, the engineers: and' Tim Green willl be there. CEMETERY CLEANUP NOWTHATTHE TOWN HASAI PUBLIC WORKS) EMPLOYEE Clerk Wells reminded that a deadline was puti inj place for residents to clear their stuff up at the cemetery following al letter being sent and signs put up at the exits of the cemetery. This deadline has passed as we did not have a public works employee to remove the items that Mayor Natale opined that anything that is unauthorized and still on a gravesite, is public property and should be regarded as trash and disposed of. Clerk Wells asked who should make the determination as to what should be removed; the cemetery committee, public works or the Clerk/Mayor who are jointlyresponsible for the management of the cemetery. He liked the idea of the Mayor, to do this inj phases, getting rid oft the most obvious items and then move onto other items. Flags can also be put where other items are going to be taken out in the next phase giving them the opportunity to call town hall to make arrangements to either remove it or apply for an exemption. Mayor Natale said he wanted to start this  were: still there.  immediately.  BUDGETAND FINANCE REPORT REVIEW  The Clerk provided an analysis on the final March finance report by revenue and expenses and the bank balances which were the same as the report presented last month. On the preliminary report for April any revenues not received at the time of the report are highlighted inj yellow. At the time oft the report the town had notl received any Ad Valorem or Garbage revenue. This would be added and discussed in the final reporti in June.  Townd of Astatula Meeting Minutes May1 13, 2019 Page 9of12    The Mayor asked what the miscellaneous revenues were; the Clerk replied that it was combination of the sale of Land on Madison and the rebate of FEMA monies from Hurricane He went over the expenditures on page two. The overspend on Protective inspections wasa factor of a better month on Building Permits. He stated that the overspend by the Police Department had reduced from $15k down to $10k. The Chief stated that our attorney was attempting to get back the money that was being deducted from the traffic citations for the police radios. This was around $500 per month and would also seek to have the money already paid refunded as well. All other departments were operating within their budgets. Vice-Mayor Mack went over his budget for Public Works and stated that hel had justnots spent as much money as was budgeted. The Mayor asked for explanations on Payroll taxes, Publications & Subscriptions and Freight & Postage expenditures which were over budget. The Clerk outlined why each one was over. He also pointed out the $32,642 ofunbudgeted miscellaneous revenue in the Transportation Fund which was the refund from IRMA. In the Infrastructure Fund, the expense for the invoices paid to Bessolo in October totaling around On the bank balances he explained that the General Fund had gone down by $36,601 on the month. He stated that the difference between revenues and expenses was a negative $42,000 and we will see a gradual decrease in the General fund as our expenses are roughly twice the revenues. He felt that there was a good chance that we would get a chunk more Ad Valorem from the Tax Deed sales for May, however we are paid a month in arrears.  IRMA.  $36,000 had been moved by the Auditors into lastyear.  At 9:02 pm Councilwoman Kobera left the meeting. COUNCIL DEPARTMENT & COMMITTEEREPORT  Economicl Development-Counclwoman. Sikkema - Reminded Council that she was getting together rental agreements and fee schedules for the new community building. Public Works - Vice-Mayor Mack - informed Council of the tree that had come down on Madison which was on the property line of the ROW and a resident's property. He had told the property owner that what was on their property was their responsibility. The Town would only remove the part of the tree that fell on the Right-of-way. Mayor Natale felt that the Town should pick up half of the cost to help the homeowner and avoid any potential litigation, however Councilwoman Sikkema disagreed and took the same line  as Councilman Mack.  Public-Safety/Code Enforcement- Councilwoman Kobera- NONE Office Finance - Councilman Cross - ABSENT Office - LDR's, Ordinances, Legal - Mayor Natale - NONE  Town of Astatula Meeting Minutes May 13, 2019 Page 100f12    STAFF REPORTS  Town Attorney - Zachary Broome The Mayor told attorney Broome the there was a cable company in the town that we were not receiving franchise fees from and asked what we needed to do. It is believed that they brought out the old Florida Cable company and they may be operating under the old agreement or with no agreement at all. Ifthey have cable in the Right-of-Way, then they must have a franchise agreement with the Town. If there is no agreement, then they have cable in the ROW with nol legal right tol be there. Thel Mayor asked attorney Broome to send a letter to OTI Fiber asking what authority they are operating Attorney Broome brought up an issue with a code enforcement dating back to 2009 where $3,400 was held back from a closing on a verbal instruction from the Clerk albeit there was no lien filed against the property. Officer Calhoun was dealing with this but wanted Council Police Department - Chief Hoagland - went over the Statistics from the previous months. Hei informed Council of a catch in' Tavares using our police K9 Barrett. He gave an update on two drug houses that his officers were looking at. He invited any Council members to come see him in his office on a one on one basis where he can give them more information than he can in an open meeting. The Mayor asked what proactive steps he was taking with the drug issues in town. The Chief gave a response which will not be included in these minutes. The Chief gave a report on the SPI course that he attended and what his take away from it was. He brought up the need to have NARCAN in the cars to counteract any contact his officers have with Fentanyl and that he would be requesting to purchase body cameras in nexty year's budget. He said that he was going to start an award program for his officers. He planned to give an award to Officer Denton on the last day of school on completion of the first year as Town Clerk- - Graham Wells - asked whether Council members wanted to have one on one meetings with the auditors ahead of their presentation at the next meeting as theyl had done last year. The consensus was that we were in far better shape than previous years and that Clerk Wells went over the issue with the code enforcement on the property purchased by Brock Langley. Attorney Broome gave an opinion as to where the Town stood with the collection of the fines on the property. Council agreed that as it is now in compliance then The Clerki informed Council on thei issue between County Materials: and Mrs. Dunham. During a meeting between the Clerk and County Materials owner, Mr. Sonnetag had agreed to move the pipes stored against the fence on Alabama Ave and restore the buffer which would be sixty feet. The clerk would get with Councilman Mack to ascertain what the landscaping  under.  to be aware.  the School Recourse Officer.  it would not be necessary.  the $3,400.00 fine would be waived.  requirements were.  Town of Astatula Meeting Minutes May 13, 2019 Page 11of12    REVIEW  a. Items for Workshops and possible dates - NONE  b. No items were put forward for the next Council meeting. - NARCAN, Audit, Body C. Review ofitems needing Special Meetings and possible dates - NONE  Cameras and Paving.  COUNCIL MEMBER MISCELLANEOUS COMMENTS - NONE  ADJOURNMENT  There being no further business Mayor Natale adjourned the meeting at 9:52 pm.  Respecthulysubmited, Robert C. Natale. Mayor hDL ATTEST: Bh  Graham Wells, Town Clerk  1827  Town ofA Astatula Meeting Minutes May 13, 2019 Page 12of12