CITY OF OAK HILL CITY COMMISSION MEETING CITY COMMISSION CHAMBERS-CIYHALL 234 South US1 Oak Hill, FL32759 386)345-3522  OFOAR  LORIDP  August 12,2024 6:00PM MINUTES  A. OPENING 2. Invocation 4. Roll Call  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, Others Present: Jerome Adams, City Administrator/City Clerk, Tosha Meyer, Deputy City Clerk,  Commissioner Catigano  Scott Simpson, City Attorneyy via phone B. AGENDA MODIFICATIONS  C. PRESENTATIONS/EREF, ANNOUNCEMENIS  None  D. CITIZEN PARTICIPATION/PUBLIC INPUT NON-AGENDAITEMS)  Dru Ann Welch, 222 Cypress Ave -I Museum Volunteers invite to Ribbon Cutting Ceremony Neil Bonds, Indian Mound Fish Camp-Volunteer for Volusia Growth Management Committee, had not heard back from the City Administrator- City Administrator. Adams confirmed thisi is ont the Sharon Laller, 474 Cheyenne Dr - Rumors about Gant Gas Storage coming to Oak Hill. Vice Mayor Lindlau, Commissioner McGee and Mayor Gibson gave information that this facility will be staying Mike Arman, Economic Director- spoke with director from Ormond Beach on this issue John Peterson, 129 Randle - Regarding thei installation of the promised vat at his home looking for any information. Tosha explained thati they are: stilly waiting for estimates. Mr. Peterson asked how longi it will be once someone agrees to bid to do the work to make decision on his situation. Itv was reiterated that they are waiting on al bid. Mr. Peterson asked if someone is attached to system today who ist the city going to call ift there is a problem to bet fixed. City Administrator Adams explained the County would be called if there was a problem. Mr. Peterson asked about purchase of investment property that is not ont the vat and hel has tol have one put oni itv would the response bei the same City  agenda fort today in Ormond Beach    Administrator. Adams explained they are having difficulty finding qualified contractors whoi are willing to dot the work. Ity was discussed that Mead and Hunt were the engineers and MESi is not involved in doing the repairs at this point.. Attorney Simpson clarified abouti the warranty bondi for  work.  E. CONSENT AGENDA  1. Commission Meeting Minutes- -July: 22-d,2024 2. Special Commission Meeting Minutes- -July29th, 2024 Motion to approve Vice Mayor Lindlau Unanimously Approved F.CITY ADMINISTRATION REPORTS  Seconded Commissioner Hyatt  Action  1. Chambers will be used for Poling Station on August 20th.  City Administrator. Adams informed the commission that the chambers will be used as a polling station on August 20t, set up will take place on the 19th and breakdown will be on the 21st. Also, Installation for playground at Nancy Cummings park will begin this week.  G. CITY ATTORNEY None H. CITY PLANNER  1.Application for rezoning Lighthouse Cove  Nathan Milch, Kimley Horn, City Planning Consultant- - Proposal for RPUD rezoning with overall development plan, preliminary development plan and development agreement. Subject consists of two parcels, currently vacant. Request is to rezone portion that was left out of ordinance 2003- 081 to bringi it in as one unified development approving the entire 48 acres as one RPUD. Mr. Milch Commissioner McGee questioned the difference in lot sizes from: 2003 to what is now being Attorney Simpson advised the Commission to state if they havel had any exparte communication. Tom Warlick, the applicant- - Offered details and clarification about the project details. He Vice Mayor Lindlau asked about the streets int this new: subdivision being city streets. Thiswas Janet Shira, Edgewater questioned about the! 5 acres of land being taken away from the PUD. Commissioner McGee asked about the 5 acres and comments continued. Ms. Shira continued  gave details abouti the request andi the project. presented as well as the side yard sizes. All commissioners stated no.  answered questions posed by the commission. confirmed by Attorney Simpson.  Dru Ann' Welch, 222 Cypress Ave- - spoke against approval.  questioning the! 5 acresi in question. A lengthy discussion ensued.  Mr. Warlick went ont to explain the acreage in question. Mr. Milch spoke about the discrepancies in question.  Ms. Shira suggested that' "S" should be striken from the developers agreement. Attorney Simpson gave advice abouti this being ai first hearing and striking item' "S".    Jeff Hovan, 407 Sioux Blvd. - Since this will not be a! 55 over will be something separating this  community from! Lighthouse Cove Mr. Warlick stated he has not thought abouti this.  John' Taylor, 240 Lagoon - spoke about the lot size decreasing on these plans. Charlie Dean 157EHalifax- - spoke about the changing demographics of Oak Hill. Mayor Gibson- -spoke about the need for growth int the city for the city to continue to meeti it's Commissioner Catigano questioned: about the cost differences for lot sizes. A discussion ensued. John' Taylor spoke against the project. Janet Shira continued to explain issues with the project. Ordinance was read into the record. Vice Mayor Lindlau asked that the motion be amended to Second Motion to approve this ordinance as amended by the last vote Action Passes3to2  obligation.  There was continued discussion abouti these issues. Motion to approve Ordinance! 2024-05 Commissioner McGee Action Passes 4t to 1 (Commissioner Hyatt voting against) (Commissioner Catigano and Commissioner Hyatt voting against) 1. Mead & Hunt- FY25 Scope of Services Agreement plan review tol be passed to developers of $40,000. Total $43,000.  Seconded Vice Mayor Lindlau  allow only 40% coverage  L.CITYENGINEER  City Administrator. Adams presented the general administrative services of $3,000, development Commissioner McGee felt that this is a vague scope of work, lacking details. City Administrator Adams explained thati iti is a general number. Commissioner Catigano asked ift there were provisions fortermination in the agreement. City Administrator Adams did not see any provisions int the Mike Arman, Magda Lane - spoke about the breakdown and lack of itemization on Mead & Hunt's After discussion, City Administrator Adams will reach out and ask1 for more details.  agreement.  bills to developers andi the need fori itemized billingt from them.  Action Tabled None  J.VOLUSIA COUNTY SHERIFF ITEMS K. CITY ADMINISTRATORMATTERS 1.V VGMC member appointment Motion to appoint Commissioner Hyatt  City Administrator. Adams confirmed Neil Bonds willingness to accept this appointment.  Seconded Commissioner McGee Action Passes  unanimously.  2. Historical Preservation Board - Review Purpose  City Administrator Adams asked to clarifythe purpose and function of the board. Tanya Petracca, Chair oft the HPB, explained that there are not enough members to continue to meet. Therewasa discussion oft the Board and the Museum' Volunteers which was approved several meetings ago. Attorney Simpson explained the issues that can ensue if Board members are working at the    museum. He additionally stated people should be either al Board member or a Volunteer to avoid Sunshine Violations. Commissioner Lindlau suggested revising the scope to meet what the Commission wants tol have done. Mayor Gibson reiterated that members of the Historical Board cannot' Volunteer based on1 the legalities of this. The suggestion was to put the board on hold and then have a workshop. Commissioner Catigano spoke about Chapter 20. Dru Ann' Welch spoke abouti the history of the Historic Preservation Board. Tanya Petracca addressed furtheri issues. Motioni to put the Historic Preservation Board on hiatus and have a workshopi to determine what they do and separate the Board from the Museum Volunteers by Commissioner McGee Tamee Kreek spoke about the Board and resident requirements as well as her membership request and1 that she would still liket to be ont thel Historic Preservation Board. Discussion continued.  Seconded Commissioner Hyatt  Action Passes 4to1 (Commissioner Catigano voting against)  City Administrator Adams spoke regarding the IHE Septic to Sewer complaints ont the road repairs. There was a meeting with Mead & Hunt, Metro Services, D2 Paving and Public' Works, and the City Attorney to discuss thei issues and create a punch list to address thei issues was agreed upon and the work has been done. They have requested ai final payment be released. Mark Bell, Public Works Supervisor spoke about the swales and gave updates. Attorney Simpson gave advice to the  Commission. Final payment is approximately $140,000. Motion to make payment Commissioner Hyatt  Seconded Commissioner Catigano Action  Passes unanimously  2. Team Volusia EDC Agreement requires a $1,239 contribution.  Mr. Keith Norden presented information regarding the Team' Volusia Agreement. Agreement Motion to approve agreement Vice Mayor Lindlau Seconded Commissioner Catigano City Administrator Adams added thel Lazy Z application fees thati the consultant invoiced the City forwhich were submitted to the applicant who made the payment and subsequently put a stop on Dru Ann' Welch: stated that in light oft the attorney'si information she withdrew from the Historic  Action Passes Unanimously  the check. Demand letter has been senti to him per Florida Statute. Board and asked to become active only withi the Museum Volunteers.  L. OLD BUSINESS None M. NEW BUSINESS  1. Interlocal. Agreement with County re: Transportation Impact Fee (HB 479) City Administrator. Adams explained the agreement and it's October 1 deadline. Adiscussion of thesei fees ensued amongst the Commissioners and the City Attorney.  Motion to leave the agreement: asi it has been Commissioner McGee  Vice Mayor Lindlau Seconded  Action Passed Unanimously    N. CITY GOALS  Mayor Gibson questioned the status with Mead & Hunt of running water line down' West Halifax and down Flamingo. City Administrator. Adams will check on this. Reimbursement request for hookups  sO far has been sent to the state. O. BOARDS AND COMMITTEES 1. Economic Development -Mike. Arman  Daytona Beach Airport Industrial Park has signed an agreement with a company who is goingt to manufacture parts. Space Com is a great show and youl have to pre-register for this. Mike talked to the amateur radio emergency services organization who would likei to putt towers in the city. State  surplus equipment website is complex. 2. Historical Preservation Board Applicant No action as board was placed on hiatus.  P. PUBLIC WORKS  Mark Bell and Travis Allen explained about the current state of the bushhog and tractor. Vice Mayor Lindlau mentioned that ift the problem is a safety issue it should be decommissioned. The consensus was to have Mr. Bell come back with cost of new, replacement equipment. This was  agreed upon unanimously.  Q. COMMENTS AND CONCERNS FROM THE COMMISSIONERS  Mayor Gibson spoke about rededicating the municipal complex to Clarence Goodrich, the upcoming ribbon cutting at the museum and urged people to be respectful of election signs.  Vice Mayor Lindlau spoke that there is no TPO in. July or August.  R. ADJOURNMENT  Motion Commissioner Hyatt Seconded Vice Mayor Lindlaul Meeting adjourned 9:34PM    Note: Ina accordance with Resolution: 2006-17, at three (3) minutei time limitation per speaker will be imposed. As speaker may address the Commission for ar maximum oft three (3) minutes duringt the Public Participation portion oft ther meeting, and1 for a maximum oft three (3) minutes during any specific Agenda topic. Pursuant to Florida Statute 166.041 (3) (A), ifani individual decides to appeal any decisionr madev with respect to any matter considered atar meeting or hearing, thei individual will need a record oft the proceedings and will needt toe ensure that a verbatim record oft thep proceedings  isr made.  ATTEST:  Acame Adams  ORHbn Douglas AC Gibson Mayor  d    G.CITYATTORNEY  1.ORDINANCE-Ballot: Questions-2"Reading  ORDINANCE NO. 2024-03  AN ORDINANCE OF1 THE CITY OF OAKI HILL, FLORIDA, ADOPTED PURSUANTTO FLORIDA! STATUTE SECTIONS 101.161 AND 166.031 SETTING FORTH PROPOSED AMENDMENTS TO THE CITY'S CHARTER TO BE SUBMITTED TOTHE VOTERS OF THE CITY AT A GENERAL ELECTION ON NOVEMBERS",2024; PROVIDING FOR BALLOT: SUMMARIES AND' TITLES FOR EACH PROPOSED AMENDMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY, PROVIDING FOR CODIFICATION. AND PROVIDING City Administrator. Adams read Ordinance 2024-03 which contains the ballot summary fort the Charter.  FOR AN EFFECTIVE DATE.  Motion to accept Commissioner McGee 2.ORDINANCE-Animais in the Parks  Seconded Commissioner Hyatt  Action Unanimously  Approved  ORDINANCE NO.: 2024-04  AN ORDINANCE OF THE CITY OF OAK HILL, VOLUSIA COUNTY, FLORIDA; CREATING SECTION. 28-27 (ANIMALS PROHIBITED INI PUBLIC PARKS); PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FORCONFLICTING ORDINANCES; AUTHORIZING INCLUSION IN CODE; PROVIDINGFOR  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, 145) WI Brook Circle, spoke against the ordinance Megan Bracy, 145) W Brook Circle, stated her opposition to this ordinance Kayla Ingram, New Smyrna Beach, stated her opposition to 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  andi find al better way to handle thei issue.  and noted that there is an online petition with 600 names opposing the ordinance  Jessica Lane, 475 LazyZLane, 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 for1 the parks and personal injury resolve. His concern is whether state law will keep someone from suingt the city.  Mayor Gibson stated that he was elected for all citizens and a citizen had brought this complaint to himt to Austin. Jones, 145 W Brooks Circle spoke abouti thei idea of liability fort the City and spoke against the Jeff Bracey, Lazy ZLane explained this was an issue in the 90s and about the issues confronting the City regarding the Oak Hilly Way of Life. He suggested the Commission: tablet thei 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 EHalifax, spoke abouti the liability and if that is the concern the citys should just close Commissioner Catigano asked abouti the City's liability policy and a discussion ensued.  and lock allt the parks.  Vice Mayor Lindlau said het feels the ordinance is unnecessary Commissioner Hyatt withdrew her 2ndf fort the Ordinance. The 2nd was withdrawn With No 2nd, the motion dies. The Mayor called for a! 5 minute break.  H. CITY PLANNER  1. 104B E. Ariel Rd - Preliminary Development Plan - Keegan Greene  Mike McGrath explained abouti the: 24 hour surveillance and fencing the Commission requested. Keegan Green implemented all oft the requests given at 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  .VOLUSIA COUNTY SHERIFF ITEMS K. CITY ADMINISTRATOR MATTERS  1. Fall Ball- 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 the HOAi is ready to accept the property and read the resolution. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OAKI HILL, FLORIDA, APPROVING THE TRANSFER OF A VACANT RESIDENTIAL LOTTO LIGHTHOUSE COVE HOMEOWNERS ASSOCIATIONI, INC. PURSUANT TO CERTAIN TERMS. AND CONDITIONS; JPROVIDING FOR CONFLICTING  RESOLUTIONI 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 new law requiring Cities to have space and provide services to the homeless. Other Cities have entered into an agreement with First Step Sheltert to meet the requirements oft the law which goes into effect this October. He also explained the $3,507.28 Attorney Simpson (by phone) asked about thet feet to the sheriff to take thel homeless to the shelter and was  annual contribution to enact this MOU.  informed by City Administrator Adams thati there is no additional feei fromi the Sherriff.    Motion to Approve Vice Mayor Lindlau Action Unanimously. Approved.  Seconded Commissioner McGee  2. Oak Hill Town Center (OHTC) Community Development District (CDD)  City Administrator. Adams explained that the City does not have the staff to review or approve this request Attorney Simpson spoke explaining state law and how this basically makes OHTC a superpower HOA and is at financing mechanism for the developer to defray the costs fori infrastructure and amenities. Janet Shira commented that a CDD is a government entity, and this would basically givet the PUDI its own government. She also stated that by allowing as state agency to review this fort the City that the City would be giving away the rights to keep 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 "keept this local". Donia Dewees, 243 Allen St, urged the cityt to keept this decision at a city level and not let the state Charlie Dean explained that he was on the Commission when the vote came upt to change the zoning for this subdivision was originally broughti forth as an equine community of 2-to-4-acre homes. Ith has now morphed into 800+ homes. He asked the Commission nott 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 of the City.  Mayor Gibson spoke about frivolous lawsuits being! brought against the city. John Taylor, 240 Lagoon, spoke that he feels the cityi is capable of handling this.  Attorney Simpson stated this is abouti the CDD 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 developers1 fori their Vice Mayor Lindlau discussed the costs fort the review being $15,000 and the city would be on the hook if Attorney Simpson stated the City has 90 days fromi today to refer this matter to the state or1 to takei it on. He Commissioner McGee asked City Administrator, Adams if het felt qualified consultant could bel hired fort the  financing.  the review cost more than thati fee.  does not believe there is a deadline for reviewing and conducting al hearing.  feei in question.  Attorney Simpson stated it was likely and the decision should be how to handle this. Megan Bracy, 145 W Brook Circle, urged to keepi the decision local Commissioner McGee would liket the City to do this review Mayor Gibson would liket to have more on ther review process Vice Mayor Lindlau expressed mixed feelings  By consensus the City Administrator will movet forward witht the City! handling this rather than sending to a  state entity. N. CITYG 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 US 1that need to be removed and he will be obtaining separate estimates on those to present. There arei issues with the Kuboto mower and costs arel highi 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 wel have previously budgeted fort this. Mayor Gibson felt that this should be brought into the next budget meeting. thei tractor and bushhog would be added ini to the next budget. state contracted price, and all pricing would bet the same.  There was a discussion of purchase costs for at tractor and bushhogi 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 is a Attorney Simpson explained the motion would bet 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 the wayt to West Halifax. Edgewater City! Manager gave notice oft the meeting. He and City Administrator. Adams went to the meeting between the County andi the City of Edgewater. The Mayor toldi them that they werer not coming any further South of Ariel Road. Clay 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 ont the lawsuit by! Mark Drollinger against the city that has been denied by the  within our boundary agreement.  Circuit Court as this should be ai final plan issue not a preliminary plani issue. Motion to adjourn' Vice Mayor LindlauSeconded Commissioner Hyatt  R. ADJOURNMENT  Adjourned 8:39pm    Note: Ina accordance with Resolution. 2006-17, ai three (3)r minutet time limitation pers speaker will bei imposed. Aspeaker maya address the Commissiont fora ar maximum oft three (3) minutes during the Public Participation portion of ther meeting, andi for ar maximum oft three (3) minutes during anys specific Agenda topic. Pursuant to Florida Statute 166.041 (3) (A), ifa ani individual decidest to appeal any decision made with respect to any matter considered atar meeting orh hearing, thei individual willr need ar record oft the proceedings andv willr need  to ensurei that a verbatim record oft the proceedings isr made.  ATTEST: dee  Abbme Adams CityAdministrator  Npu Douglas A Gibson Mayor