OFASTA) w OUNTVRL SINCE 1872  TOWN OF ASTATULA MAYOR AND TOWN COUNCIL MINUTES  REGULAR SESSION TOWN HALL  MONDAY) JANUARY14, 2019  Having been duly advertised as required by law, Mayor Robert Natale called the Regular Session meeting to orderat7 7.12pm. Vice-Mayor Mack gave the invocation and Mayor Natale  led the Pledge of Allegiance. Members Present: Robert Natale, Mayor Mitchell Mack, Vice-Mayor Gayle Sikkema Stephen Cross Kimberly Kobera  StaffPresent: Graham Wells, Town Clerk Jane Whaley, Deputy Clerk Walter Hoagland, Police Chief Zachary Broome, Town Attorney Tim Green, Town Planner  Roll Call was performed, and it was determined that a quorum was present.  AGENDA REVIEW  There were no revisions to the agenda.  MINUTE APPROVAL  Approval of Minutes for November 13, 2018 Regular Council Meeting Approval of Minutes for December 10, 2018 Regular Council Meeting  MOTION by Councilman Cross to approve the minutes shown above; SECONDED by  Councilwoman Sikkema Against: None MOTION CARRIED 5-0 NEW BUSINESS  For: Cross, Mack, Kobera, Natale, Sikkema  FIRST READING OF ORDINANCE 2019-01; REVISING THE SETBACKS AND LOT First Reading of Ordinance 2019-01; Proposed revision of the Land Development Regulations concerning the setbacks for zoning in R-3 - Manufactured Housing Park. The roads within the Meadows subdivision are privately owned and there is no Town right-of-  COVERAGE IN R-3ZONING DISTRICT  way.  Town ofA Astatula Meeting Minutes January14,2019 Pagelof9    The Meadows is governed by the zoning setback requirements for R-3 - Manufactured Housing Park. The homes that have been built in the subdivision over the past ten years or The measured distances from the front have been taken from the road edge and not the property line as is required. Due to the sizes of the lots and to remain in conformity with existing homes it is not possible to comply with the existing setbacks. In order for existing and future homes to be in compliance with the Town'si regulations it is felt that a revision of the setback requirements is necessary. The Meadows and East Lake Harris Estates are the Town Planner, Tim Green explained that the request had come out ofai meeting with Mr. Jay Rust who is the developer in the Meadows subdivision. Homes in the Meadows had been permitted in the past which should not have been. Going forward and to enable the town to issue a zoning clearance, the setbacks and lot coverage would need to be amended to enable the homes to be in compliance. They have currently been measuring the front setback from He went over the changes to the setbacks and the difference between a one and two car carportand the lot coverage going from 40 percent to 50 percent. The developer has agreed that he will be able to install all future mobile homes to conform to the new setbacks. There was some discussion on the merits of sending all zoning clearances to the Planner for approval, however Clerk Wells felt that it was unnecessary and adds an additional cost. If there was a question regarding a site plan, then Tim would be consulted as he is now. Mayor Natale opened for comments from the citizens; there being none he called foramotion MOTION by Councilman Mack to approve Ordinance 2019-01; SECONDED by  more do not conform to the setbacks.  only subdivisions affected by this change.  the street edge and not from the property boundary line.  and a roll call vote.  Councilwoman Kobera.  Cross Mack Kobera Sikkema Natale  YES YES YES YES YES  MOTION CARRIED 5-0  REQUEST FROM ASTATULA BAPTIST CHURCH TO WAIVE THE REQUIREMENT TO Astatula Baptist Church has requested that the Town Council grant a waiver to the requirements of installing sidewalks on Patricia Place and Jefferson Street as shown on the approved Site Plan. The adjacent streets are NOT Arterial or Collector Roads and would not  INSTALILSIDEWALKSONJEFERSONSTREFTANDPATRICIAPLACE  require sidewalks per 9.10.02.  Town ofA Astatula Meeting Minutes January: 14,2019 Page2of9    Florida Avenue has an established sidewalk on much of its length and the addition of the sidewalk in front of the proposed church would further the missing pedestrian connections Planner Green explained how the sidewalks were on the original site plan and that the Church had originally agreed to install them and are now requesting a waiver for Jefferson and Patricia. If sidewalks were installed, they would not connect to anything. He added that this was not a variance; it was a waiver that could be granted by Council. Clerk Wells suggested that the request was to save the cost at this time and to use the funds to further Councilman Cross was concerned about the safety aspect with the students particularly on Jefferson and that this Street goes all the way up to the park. Councilman Mack did not want the sidewalk installed on Jefferson at all. Attorney Broome when asked opined that a temporary waiverwould not work asi it was partofthe site plan and a CO could not be issued Att this time Councilman Cross made a motion to deny the request for a waiver for sidewalks When asked his feelings, Mayor Natale said that he could see to waive the requirement on MOTION by Councilman Mack to approve the waiver for installing a sidewalk on  and will be installed.  the structure of the church.  ifthe side walk was noti installed ifi it was part oft the plan.  on Jefferson and Patricia. Being that the motion had no second, it failed.  Patricia only. Councilman Mack agreed and made a motion. Patricia Place; SECONDED by Councilwoman Sikkema  For: Mack, Natale, Sikkema Against: Cross, Kobera MOTION CARRIED: 3-2 MADISON: STREET  REVIEW OFTHE BIDSE RECEIVED FOR THE PARCFLOFLAND OWNEDI BYTHETOWNON The property owned by the Town on Madison Street was advertised for sale by sealed bid in the Daily Commercial and on a 3'x 4' sign on the property. Two sealed bids were received and opened by the Clerk and Assistant Clerk on January 7,2 2019 at 12.00 pm. Clerk Wells stated that there had been two bids; one being the original offer of $10,000 from Oritaand Laurent Issartel and one other from Kaleb Arellano for $10,200. Headded thatboth bidders were present, and that Mr. Arellano had requested to address Council. Mr. Arellano explained that he had just finished his first remodeling project in Howey and has $80,000 set aside for this property if his bid is successful. Ms. Issartel also addressed Council saying that she wasa an Astatula residenta and intended to remodel the house and then  rentitout.  Town of Astatula Meeting Minutes January 14, 2019 Page3of9    Councilman Cross said that his interest was only that the Town gets it back on the tax roll to receive the revenue from it. The only difference he saw between the two bids was $200.00. Mr. Arellano's bid stated that he intended to get it cleaned up quickly to avoid any further Councilwoman Sikkema when asked said that normally the highest bid would be taken if they were equal in every other way. Councilwoman Kobera agreed. Mayor Natale thanked both the bidders for coming to the meeting and showing interest to develop in the' Town. He MOTION by Councilman Mack to accept the higherl bidof$10,200 from Kaleb Arellano;  code enforcementissues.  then called for a motion.  SECONDED by Councilman Cross For: Cross, Mack, Sikkema Against: Natale, Kobera MOTION CARRIED 3-2  Mayor Natale congratulated Mr. Arellano on his successful bid and thanked Ms. Issartel getting the whole thing started. Mr. Arellano stated that he would complete a title search and would be ready to close. It was agreed that a quit claim deed would be used to transfer the MOTIONI by Councilman Cross to: authorize the Mayor once we receive funds to execute  property and a motion was made to authorize the Mayor to execute it.  the quit claim deed; SECONDED by Councilman Mack For: Cross, Kobera, Mack, Natale, Sikkema  Against: None MOTION CARRIED 5-0  DISCUSSION: CORNER MARKERS FOR CEMETERY PLOTS  Councilman Mack said that he had presented to the cemetery committee that a deposit be taken for the installation of corner markers for family plots in the old section where there are multiple units, likely $150.00. This would be due at the time of reservation and thirty days be given for them to install them. There was reservation by some of the committee including financial hardship ofthe deposit, why the requirement was there and enforcement. Itv was not a unanimous recommendation to move forward but wanted to bring their thoughts to Council and get their opinions. The requirement will be just for the old section and for new reservations going forward. Councilman Mack suggested that the code needs to be revised to deal with non-residents. Currently they should not be buried in the cemetery unless a family member who was an Astatula resident has been buried first. Attorney Broom said that it was a license for an individual plot and reservations should not be made.  Town of Astatula Meeting Minutes January 14,2 2019 Page4of9    Councilman Cross was concerned for the tax payer if non-residents were buried, however Deputy Clerk Whaley said that non-residents had to pay $1,000.00 to be buried. Mayor Natale brought up the need for cremation lots as seventy-five percent of people were now cremated.. He: suggested. havingacolumbarium constructed on the new: side with thei revenue of the sale of lots and corner markers used to construct it. The town could then sell the His recommendation to the cemetery committee was to look at the columbarium on the new side and come back to Council with their ideas. Council will then decide which way forward DISCUSSION ON PROPOSED LETTER FORWARDED BY CEMETERY COMMITTEE Councilman Mack outlined thei intent oft the committee in recommending: a dramatic cleanup nowwitha al listing oft the rules which willi mej placed on signs at the entrances oft the cemetery. This is in addition to the Ordinance that exists. It will spell out exactly what is and is not permitted. The letter will give everyone notice that a clean up is necessary and ample time for them to comply. Mayor Natale suggested a motion to send the letter out. MOTION by Councilman Cross to authorize the Town Clerk to send out the cemetery  shelves. Pricing could be agreed by resolution.  they wanted to go.  letter; SECONDED by Councilwoman Sikkema For: Cross, Kobera, Mack, Natale, Sikkema  Against: None MOTION CARRIED 5-0  APPROVAL FOR THE MAYOR TO SIGN THE FEMA GRANT AGREEMENT AND To enable the Town to receive the $2,413.38 grant from FEMA for the Cemetery Damage from Hurricane IRMA, a 66-page agreement must be signed by the Mayor. In addition, the modification agreement allows for a further payment of $28,862.60 without the need for Councilman Mack reported that there were also two other amounts that the Town had applied for which were pending with the State and a further modification agreement was  MODIFICATIONAGREFMENT  another 66-page agreement.  expected this month. Mayor Natale requested a motion to approve.  MOTION by Councilman Mack to approve; SECONDED by Councilman Cross  For: Cross, Kobera, Mack, Natale, Sikkema  Against: None MOTION CARRIED 5-0  Town ofA Astatulal Meeting Minutes January: 14,2019 Page5of9    REQUEST TO WRITE OFF $3.286.90 OF OLD DEBT AS PART OF THE AUDIT PROCESS The' Town has uncollected debt of $3,286.90 dating back to 2014 and 2017. The Clerk has written to three debtors and had no response. Some of the debtors are believed to be out of business or bankrupt. The letter to Assets Recovery was returned to sender unable Councilman Cross asked about the debt from Estep Construction and our ability to collect the debt if they should come back to the town for future permits as the property was up for sale. It was decided that we could as it was only being written of from our books and MOTION by Councilman Mack to approve the write of the debt; SECONDED by  FOR 2017-2018  to forward and there is no contact information for Dave Indar.  the debt was not being forgiven. Mayor Natale requested a motion.  Councilman Cross Against: None MOTION CARRIED 5-0 OLD BUSINESS  For: Cross, Kobera, Mack, Natale, Sikkema  APPROVALOE1 THE REVISEDINTERIOCALAGREFMENTWITHLAKECOUNTY FORTHE PERMITTINGOETHF FIRE SUPPRESSIONSISTEM FOR COUNTY MATERIALS This is the agreement presented to Council in November with all reference to annexation taken out. County materials will not annex the parcels without the abatement and the easement option will not work as there are multiple parcels involved and owned by the same entity. This agreement allows for the cross jurisdictional permitting for fire suppression to be carried out by Kerry Barnett to bring County Materials into Attorney Broome said that agreement was in line with his discussions with the Lake County Attorney, however they had not at this point given their blessing on it. Once they do it will go to the Board of County Commissioners: for their final approval. After the project has been permitted, the part thati is in the County will revert back to their jurisdiction should there be MOTION by Councilman Cross to approve the Interlocal Agreement between Lake County and the Town of Astatula regarding the permitting and inspections for County Materials Corporation and Nationwide Limited Partnership for the Fire Suppression  compliance.  any issues in the future.  System; SECONDED by Councilman Mack For: Cross, Kobera, Mack, Natale, Sikkema  Against: None MOTION CARRIED 5-0  Towno of Astatula Meeting Minutes January 14, 2019 Page6of9    UPDATE ON THE ROAD PAVING FOR ZINNIA AND AZALEA AND PENNSYIVANIA AVE Councilman Macki reported that the Roads had been paved. There was some discussion about a puddle that had formed after the rain close to Mr. Fujita's driveway. Although the contract with DAB was previously approved by Council, Clerk Wells wanted to ensure that Council was happy with the project and felt that due to the size of the payment that Council should  AND APPROVAL FOR THE CLERK TOJ PAYI DAB CONSTRUCTION  give their approval to pay thei invoice.  MOTION by Councilman Cross to authorize the Clerk to make the payment to DAB;  SECONDED by Councilwoman Sikkema For: Cross, Kobera, Mack, Natale, Sikkema  Against: None MOTION CARRIED 5-0  UPDATE ON RFQ'SFOR THE REPLACEMENT OFTHE TOWN ENGINEER - CLERK WELLS Clerk Wells reported that the RFQ had been advertised twice in the daily commercial and had had some phone calls and emails from interested firms but sO far had not received any  proposals.  UPDATEON THE COMMUNITY BUILDING- VICE-MAYORI MACK  Councilman Mack reported that there was no news as he had not heard back from the environmental assessment. Mayor Natale stated that with the delays, the construction costs were going up. Councilman Cross said that we had to be conservative on what was spent from the infrastructure fund to ensure that funds would be available to finish the project. UPDATE ON THE REPLACEMENT OF THE FRONT DOORS FOR TOWN HALL - CLERK Clerk Wells gave a detailed report on the mess that had taken place and the issues on the installation and lock mechanism. He added that he had met with the supervisor and that it  WELLS  would be completed to our satisfaction.  UPDATEONTHEI FEMA REIMBURSEMENT - VICE-MAYOR MACK  This item had been covered earlier in the meeting. BUDGET AND FINANCE REPORT REVIEW  Clerk gave a detailed analysis on the November and December finance reports by revenue and expenses and the bank balances. He said that financially the Town was in good shape  and that all departments were operating within their budgets.  Towno of Astatula Meeting Minutes January 14, 2019 Page7of9    Councilman Cross asked if there was anything coming up that Council should be aware of; Clerk Wells replied no. Certain of the line item expenditures that were over budget were When asked about the loan to the infrastructure fund, Clerk Wells responded that $35,000 was repaid in November leaving a balance of $55,000. Iti is expected that at some point the Town will get a repayment of close to $40,000 from FEMA plus the $10,000 from the sale of the Madison property. At that point he would bring a proposal to Council to pay a further  discussed and explanations given.  amount oft the loan.  CTIZENSQUESTIONS AND COMMENT  Brian Burrer, a resident from 13308 Casa Verde Circle introduced himself and his local business offering internet services. Also, Sanders Smith from One Stop Automotive  introduced himself.  OUNCIDEPARIMENT & COMMITTEE REPORT Economic Development- Councilwoman Sikkema - NONE  Public Works - Vice-Mayor Mack-I NONE Office Finance - Councilman Cross-I NONE.  Publics Safety/Code Enforcement-C Councilwoman Kobera- NONE Office - LDR's, Ordinances, Legal - Mayor Natale - NONE  STAFF REPORTS  Town Attorney - Zachary Broome - reported that there was a rash of litigation going on with cities that did not have ADA compliance on their websites. He also gave an update on the requirements from DBPR to operate food trucks in the town. Deputy Clerk Whaley said thats shel had spoken to several towns and that food vendors were: allowed only duringspecial Councilman Cross asked whether you would want these food vendors competing with the towns established businesses. It may also dissuade future restaurants from opening up in the Town. Clerk Wells said that the only revenue received from a mobile food vendor was $25.00 for a business license SO paying for the attorney to create an ordinance regulating them would not be cost effective. Councilman Cross felt that an ordinance would be necessary to prohibit them. Attorney Broome would present something from ordinances Attorney Broome agreed to do aj presentation to Council, Cemetery Committee and Planning and Zoning Board members at 6:30 pm before thel February Council meeting on the Sunshine  events.  from other cities.  Law.  Town ofA Astatula Meeting Minutes January14,2019 Page8of9    Police Department - Chief Hoagland went over the stats for citations, arrests etc. for November and December and the totals for 2018. Mayor Natale asked him to report on the crime trends in the town. He responded that the biggest issues were Meth and Marijuana. Town Clerk - Graham Wells - Gave an update on the progress of codifying the LDR's and the ordinances since 2006. He was waiting on estimates from Minicode to see ifit could all  bec completed with in the $10,000 set aside in the budget.  REVIEW  a. Items for Workshops and possible dates - January 28 at 6:00 pm (later moved to the 29th) to review the proposals from the engineering RFQ and tentatively February 4if council wants to interview the firms. A date of February 19 at 6:00 pm was set for the  20-year Master Plan  b. No items were put forward for the next Council meeting. There were no items needing a special council meeting. COUNCIL MEMBER MISCELLANEOUS COMMENTS - NONE  ADJOURNMENT  There being no further business Mayor Natale adjourned the meeting at 9:12 pm.  Respertfulysubmitted,  Robert C. Natale. Mayor ATTEST: dh  Town Clerk  ATULA ORA  19:27  Town of Astatula Meeting Minutes January 14,2019 Page9of9