CITY OF OAK HILL CITY COMMISSION MEETING CITY COMMISSION CHAMBERS-CIYHALL 234 South US1 Oak Hill, FL3 32759 (386)345-3522  OAK  LORIDP  July 22nd,2024 6:00PM MINUTES  A. OPENING 2. Invocation 4. Roll Call Catigano  1. Mayor Gibson called the meeting to order at 6:00pm 3. Mayor Gibson led the Pledge of Allegiance  Present: Mayor Gibson, Vice Mayor Lindlau, Commissioner McGee, Commissioner Hyatt, Commissioner Others Present: Jerome. Adams, City Administrator/City, Clerk, Tosha Meyer Administrative Assistant,  Attorney Scott Simpson (by phone), Graham Long, Planner with CGA  B. AGENDAI MODIFICATIONS  None  C.PRESENTATIONS, /BRIEF ANNOUNCEMENIS 1. Proclamation: for Darry Lee Evans, Sr. 2. Auditors - Carr, Riggs & Ingram  Mayor Gibson read al Proclamation for Former Mayor Darry! Lee Evans, Sr. Acopy will be sent1 to1 the family. Lindsay Aviles, partner on the audit fort the city for 09/30/2023 presented the audit findings which were finalized in. June by the State deadline. Ap pdf will be available on the City Webpage. Ms. Aviles presented in detail differenti information from ther reporti including an overview oft thei financial reports that arei in the audit. Additionally, she presented some of thei findings of shortcomings which she and hert firm are willing  tov work withi the City to adjust and correct fort thet future.  D. CITIZEN PARTICIPATION/PUBLIC INPUT NON-AGENDAITEMS)  Dru Ann' Welch, 222 Cypress Avenue, spoke about the August 1 meeting at 5:001 fort those interested in  volunteering for the museum. E.CONSENT AGENDA  1. Commission Meeting Minutes-July8"),2024  Motion to approve Commissioner McGee Seconded Vice Mayor Lindlau  Action Unanimously  Approved None  F.CITYA ADMINISTRATION REPORTS    G. CITYA ATTORNEY  1. ORDINANCE-I Ballot Questions -2nd Reading  ORDINANCE NO. 2024-03  AN ORDINANCE OF THE CITY OF OAKI HILL, FLORIDA, ADOPTED PURSUANT TO FLORIDA: STATUTE SECTIONS 101.161 AND 166.031 SETTING FORTHI PROPOSED AMENDMENTS TOTHE CITY'S CHARTER TO BE SUBMITTED TO THE VOTERS OF THE CITY AT A GENERAL ELECTION ON NOVEMBER: 5'H, 2024; PROVIDING FOR BALLOT SUMMARIES AND TITLES FORI EACH PROPOSED AMENDMENT; PROVIDING FOR CONFLICTS; PROVIDINGI FORSEVERABILITY, PROVIDING FOR CODIFICATION ANDI PROVIDING City Administrator. Adams read Ordinance 2024-03which contains the ballot summaryt fort the Charter.  FOR AN EFFECTIVE DATE.  Motion to accept Commissioner McGee Seconded Commissioner Hyatt  Action Unanimously  Approved  2. ORDINANCE- Animals in the Parks  ORDINANCE NO.: 2024-04  AN ORDINANCE OF THE CITY OF OAKI HILL, VOLUSIA COUNTY, FLORIDA; CREATING SECTION: 28-27 (ANIMALS PROHIBITED INI PUBLIC PARKS); PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR CONFLICTING ORDINANCES; AUTHORIZING INCLUSION IN CODE; PROVIDING FOR  SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.  Note: Verbiage corrected: at time of transcription.  Motion to accept Commissioner McGee Seconded Commissioner Hyatt  Mike Arman, Magda Lane spoke on changing the verbiage to limiting the size of animals rather than all  animals.  Geraldine Clinton, Oak Hill, spoke against the ordinance Donia Dewees, Oak Hill, spoke against the ordinance Megan O'Keefe, 145V WI Brook Circle, spoke against the ordinance Megan Bracy, 145 WI Brook Circle, stated her opposition to this ordinance Kayla Ingram, New Smyrna Beach, stated her opposition toi this ordinance  Nate Ingram, New Smyrna Beach Broker, spoke against the ordinance asking the Commission reconsider Britney Olsen, owner of Rusty Spur, explained her efforts to clean the park and spoke against the ordinance  and find al better way to handle thei issue.  and noted thati there is an online petition with 600 names opposing the ordinance  Jessica Lane, 4751 Lazy ZLane, spoke against the ordinance Jane Ames, 114 NI Brooks Cir, spoke against the ordinance  Kim Ingram, New Smyrna Beach, spoke on behalf of Rusty Spur and against the ordinance Commissioner McGee explained the City's liability fort the parks and personal injury resolve. His concern is whether statel law will keep someone from suing the city.  Mayor Gibson stated that he was elected for all citizens and a citizen had brought this complaint to himto Austin. Jones, 145WE Brooks Circle spoke about thei idea of liability for the City and spoke against the Jeff Bracey, Lazyz ZLane explained this was an issuei int the 90s and about thei issues confronting the City regarding the Oak Hill Way of Life. He suggested the Commission table the issue until after the November  ordinance election.  Cindy Davenport, 300 Palm Avenue, spoke against the ordinance John Taylor 240 Lagoon asked the Commission to listen to the community.    Charlie Dean, 157E EH Halifax, spoke about the liability andi if that ist the concern the city should) just close Commissioner Catigano asked abouti the City's liability policy and a discussion ensued.  and lock all the parks.  Vice Mayor Lindlau said het feels the ordinance is unnecessary Commissioner Hyatt withdrew her 2nd1 fort the Ordinance. The 2nd, was withdrawn With No 2nd, the motion dies. Thel Mayor called for a! 5 minute break.  H. CITY PLANNER  1. 104 E. Ariel Rd- - Preliminary Development Plan- - Keegan Greene  Mike McGrath explained abouti the 241 hour surveillance and fencing the Commission requested. Keegan Green implemented all oft the requests given at1 the approval for the Special Exemption. He noted that all  City fees have been paid. Motion to Approve Vice Mayor Lindlau Action Unanimously Approved. I.CITY ENGINEER None None  Seconded Commissioner Hyatt  J.VOLUSIA COUNTY SHERIFF ITEMS K. CITY ADMINISTRATOR. MATTERS  1. FallI Ball-B Baseball Field agreement with Oak Hill Sports Club City Administrator Adams explained the agreement to the Commission. Motion to Approve Commissioner McGee Seconded Commissioner Hyatt  Action Unanimously Approved. L. OLD BUSINESS 1. 591 Cherokee Blvd (Lien)  City Administrator. Adams explained that thel HOAI is ready to accept the property and read the resolution. A RESOLUTION OF1 THE CITY COMMISSION OF THE CITY OF OAK HILL, FLORIDA, APPROVING1 THE TRANSFER OF AVACANT RESIDENTIAL LOTTO LIGHTHOUSE COVE HOMEOWNERS ASSOCIATIONI, INC. PURSUANT TO CERTAIN' TERMS AND CONDITIONS; JPROVIDING FOR CONFLICTING  RESOLUTION NO 2024-16  RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. Motion to Approve Vice Mayor Lindlau Action Unanimously Approved. M. NEWI BUSINESS  Seconded Commissioner Hyatt  1. First Step Shelter Memorandum of Understanding (MOU)  City Administrator Adams explained that this ist to address the newl law requiring Cities to have space and provide services to the homeless. Other Cities have entered into an agreement with First Step Shelter to meet the requirements of the law which goes into effect this October. He also explained the $3,507.28 Attorney Simpson (by phone) asked about thei feet to the sheriff to take the homeless toi the shelter and was  annual contribution to enact this MOU.  informed by City Administrator Adams that there is no additional feei from the Sherriff.    Motion to Approve Vice Mayor Lindlau Action Unanimously Approved.  Seconded Commissioner McGee  2. Oakl Hill Town Center (OHTC) Community Development District (CDD)  City Administrator. Adams explained that the City does not havet the staff to review or approve this request Attorney Simpson spoke explaining state law and howt this basically makes OHTC a super power HOA and is at financing mechanism for the developer to defray the costs fori infrastructure and amenities. Janet Shira, commented that a CDD is ag government entity andi this would basically givet thel PUDI its own government. She also stated that by allowing as state agency to review this fort the City that the Cityv would be giving away the rights to keepi the decision local. She suggested the City use thet fees to hire a consultant to help them understand this and studyt thei issue. She urged the Commission to "keep this local". Donial Dewees, 243 Allen St, urged the cityt to keept this decision at a city level and not lett the state Charlie Dean explained that he was on1 the Commission when the vote came up to change the zoningi for this subdivision was originally brought forth as an equine community of 2t to 4 acrel homes. Ithas now morphed int to 800+ homes. He asked the Commission noti to give upt the City's right to make decisions on  byt the Oak Hill Town Center developer.  government make our choices for our city.  behalf oft the City.  Mayor Gibson spoke about frivolous lawsuits being brought against the city. John Taylor, 240 Lagoon, spoke that het feels the cityi is capable of handling this.  Attorney Simpson stated this is about the CDDI lots etc approved years ago are not the current issue. The CDD raises revenue to pay construction costs andi is a government entity option for developers fort their Vice Mayor Lindlau discussed the costs fort the review being $15,000 andi the city would be oni the hookif Attorney Simpson stated the City has 90 days fromi today to refer this matter to the state or to take it on. He Commissioner McGee asked City Administrator. Adams if he felt qualified consultant could be! hired fort the  financing.  the review cost moret than that fee.  does not believe therei is a deadline for reviewing and conducting al hearing.  feei in question.  Attorney Simpson stated it was likely and the decision should be howt to handle this. Megan Bracy, 145V WI Brook Circle, urged to keep the decision local Commissioner McGee would like the Cityt to do this review Mayor Gibson would like to have more on the review process Vice Mayor Lindlau expressed mixedi feelings  By consensus the City Administrator will movet forward with the City handling this rather than sending to a  state entity. N. CITY GOALS None  O. BOARDS AND COMMITTEES 1. Economic Development P. PUBLIC WORKS 1. Oak" Tree Removal  None    Mark Bell, Public Works Supervisor, informed the commission there are: 2 additional trees on US1t that need to ber removed and he will be obtaining separate estimates on those to present. There are issues with the Kuboto mower and costs are high for parts. This. John Deere would replace the  2. Purchase of. John Deere Z930M: Ztrak Mower Kuboto. There was al brief discussion. Motion to Approve Vice Mayor Lindlau  Seconded Commissioner McGee  Commissioner Catigano asked if we have previously budgeted fort this. Mayor Gibson felt thati this should bel brought in toi the next budget meeting. thei tractor and bushhogwould be added int tot thei next budget. state contracted price and all pricing would bet the same.  There was a discussion of purchase costs for at tractor and bushhog that had been previously mentioned. City Administrator, Adams informed the commission that ARPA1 funds could be used for this purchase and There were questions regarding the need for a waiver of additional quotes. Itwas explained" that this isa a Attorney Simpson explained the motion would bei to piggyback the contract. Motion to piggyback the contract Commissioner McGee Seconded Vice Mayor Lindlau Motion to purchase the mower Vice Mayor Lindlau Seconded Commissioner Catigano  Action Unanimously Approved. Action Unanimously Approved.  Q. COMMENTS AND CONCERNS FROM THE COMMISSIONERS  Mayor Gibson received a call regarding the County's boundary agreement. Edgewater proposed to come down Cow Creek Rd all thev way to West Halifax. Edgewater City Manager gave notice of the meeting. He and City Administator. Adams went toi the meeting between the County and the City of Edgewater. The Mayort told them that theyv were not coming any further South of Ariel Road. Clayl Irving said he would accept whatever the City of Oak Hill wanted. The Mayor would like a workshop to discuss thel boundaries Mayor Gibson also updated on the lawsuit by Mark Drollinger against the cityt that has been denied by the  within our boundary agreement.  Circuit Court as this should be at final plani issue not a preliminary plan issue.  R. ADJOURNMENT  Motion to adjourn Vice Mayor Lindlau  Seconded Commissioner Hyatt  Adjourned 8:39pm    Note: In accordance with Resolution: 2006-17, at three (3) minute timel limitation pers speaker will bei imposed. Aspeaker maya address the Commission: for ar maximum oft three (3)r minutes duringt the Public Participation portion oft the meeting, andi fora a maximum oft three (3) minutes during any specific Agendat topic. Pursuant to Florida Statute 166.041 (3)( (A), ifa ani individual decides to appeal any decision made with respect to any matter considered ata a meeting or hearing, thei individual willr needa a record oft the proceedings and will need  toe ensuret that a verbatim record oft the proceedings is made.  ATTEST:  Adams CityA Administrator dk  BAA DouglasA Gibson Mayor