City Commission Regular Meeting

APPROVED: 9/18/2014 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes - Final* City Commission Thursday, September 4, 2014 6:00PM City Hall INVOCATION: Rev. Phillip Barnes, Orange Avenue Church of Christ PLEDGE OF ALLEGIANCE: Commissioner Holland CALL TO ORDER: Mayor Bob ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 4 - Commissioner Michael Holland; Commissioner Karen LeHeup-Smith; Vice-Mayor Albert Eckian; and Mayor Linda Bob Absent: 1 - Commissioner Kress Muenzmay I. AGENDA UPDATE - None II. PRESENTATIONS 14192 Presentation re: American Youth and Leadership Program and Sustainable Development Alex Lopez, a Eustis resident and senior at the Villages Charter School, explained the American Youth and Leadership Program and provided a presentation on his experience with the program and trip to Singapore and Malaysia. 14198 Recognition of 2014 Certified Public Manager Graduates Dianne Kramer, Acting City Manager, explained the Certified Public Manager program and recognized the City employees who recently graduated from the 2014 program. Those recognized were as follows: Adam Gordon, Allan Milne, Anthony Garrett, Brent Matthews, Josh Mullaly, Karen Crouch, Ken Birkhofer, Mike Brisson, Bill Johnston, Rick Gierok, and Scott Davis. III. AUDIENCE TO BE HEARD - None IV. CONSENT AGENDA 14193 Resolution No.14-59: Award of Supplemental Insurance 14196 Resolution No. 14-62: Acceptance of Brookshire Subdivision Infrastructure and Associated Actions 14197 Resolution No. 14-63: Request for Extension of Time - Pendleton Commons Conceptual Site Plan A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, for Approved. The motion carried by the following vote: Aye: 4 - Commissioner Holland; Commissioner LeHeup-Smith; Vice-Mayor Eckian; and Mayor Bob City of Eustis, Florida Page 1 Printed on 911212014 City Commission Meeting Minutes - Final September 4, 2014 V. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 14194 Resolution No. 14-60: Establishing the Tentative Millage Rate for FY 2014-15 Derek Schroth, City Attorney, announced Resolution No. 14-60: A Resolution by the City Commission of the City of Eustis, Lake County, Florida, Adopting the Tentative Millage Levy of Ad Valorem Taxes for the City of Eustis, Lake County, Florida for Fiscal Year 2014-2015; Providing for an Effective Date. Jim Myers, Finance Director, reviewed the tentative operating millage rate of 7.5810 mils, explaining it is greater than the rolled-back rate of 7.3935 mils and increases taxes by 2.54%. Mr. Schroth opened the public hearing at 6:26p.m. There being no public comment, the hearing was closed at 6:26p.m. A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Approve Resolution No. 14-60. The motion carried by the following vote: Aye: 4 - Commissioner Holland; Commissioner LeHeup-Smith; Vice-Mayor Eckian; and Mayor Bob 14195 Resolution No. 14-61: Adopting the Tentative Budget for FY 2014-15 Mr. Schroth announced Resolution No. 14-61 : A Resolution by the City Commission of the City of Eustis, Lake County, Florida, Adopting the Tentative Budget for Fiscal Year 2014-2015; Providing for an Effective Date. Mr. Myers provided a Powerpoint presentation and an overview of the tentative budget for fiscal year 2014-2015. Mr. Schroth opened the public hearing at 6:40p.m. There being no public comment, the hearing was closed at 6:40p.m. A motion was made by Commissioner Holland, seconded by Commissioner LeHeup-Smith, to Approve Resolution No. 14-61. The motion carried by the following vote: Aye: 4- Commissioner Holland; Commissioner LeHeup-Smith ; Vice-Mayor Eckian; and Mayor Bob VI. OTHER BUSINESS Mr. Schroth noted the item under "Other Business" regarding the City-owned property on Hicks Ditch Road and cautioned the Commission to avoid discussing their reasoning for their prior decisions regarding the subject properties at the last hearing. The Commission confirmed that comments made by the Commission could be utilized in future court proceedings and that there is a 30-day window for an appeal to be filed regarding the ordinances approved at the previous hearing. 14199 Workshop Schedule Mayor Bob reviewed the list of workshops previously requested by the Commission. Ms. Kramer explained the proposed schedule and noted that several are tentative due to the need for additional information including the proposed Nov. 20th Sharp's Park workshop and Oct. 2nd Trout Lake workshop. The Commission discussed the possibility of scheduling only for the next two or three months and the need to wait to see if litigation is filed before scheduling the Trout Lake Nature Center workshop. City of Eustis, Florida Pagel Printed on 911212014 City Commission Meeting Minutes - Final September 4, 2014 CONSENSUS: It was a consensus of the Commission to schedule the medial marijuana workshop for October 2nd, the discussion with the Eustis Partners LLC for September 18th, the discussion regarding the policy for naming and re-naming of public facilities and also the Kurt Street resurfacing/reconstruction project for October 16th, and to wait until October to schedule any other workshops. The Commission confirmed that Ms. Kramer or other staff would attend the Hwy. 441 alternatives meeting scheduled for September 29th. Ms. Kramer indicated she would also be attending a separate meeting regarding the alternatives analysis and would provide a report to the Commission. 14200 City Owned Property on Hicks Ditch Road Ms. Kramer reviewed the direction from the previous Commission meeting to identify that portion of the City-owned property that could be designated as conservation. She provided a map showing the area that staff would recommend and explained that staff would also recommend using a conservation easement rather than a future land use designation. She explained there are major restrictions under the Conversation land use designation. She noted that the Commission would hear a presentation at the next meeting regarding a water improvement project for Trout Lake which may require some improvements across the subject property which would require the City to make sure that would be permitted under whatever action the City takes. Mayor Bob opened the floor to public comment at 6:57p.m. Daniel Langley, Fishback Dominick law firm, expressed concern regarding the staff recommendation for a conservation easement and support for processing a comprehensive plan amendment and designating the wetlands with a conservation future land use designation. He noted there are areas that are part of the existing conservation easement that should be included in the designation. He added that the Commission had directed staff to obtain input from interested parties. Joan Bryant, President of Trout Lake Nature Center; expressed support for the City holding a workshop in order to obtain public input from all the interested parties. There being no further public input, the floor was closed at 7:04p.m. The Commission discussed what could be used against the City in the event of litigation, possibly waiting until the City learned whether or not litigation had been filed, the different effect from a conversation easement rather than a Conservation land use designation, the possible unintended consequences under a Conservation land use designation, and confirmed that it would require 100% open space. It was noted that Trout Lake Nature Center; if they purchase the property, might not be able to utilize the property the way they planned. Ms. Kramer reviewed the open space definition and indicated it would include trails and boardwalks. Mr. Schroth asked if there was a definition of active recreation with Ms. Kramer indicating that was previously interpreted as to pertain to large residential subdivisions that had recreation areas that could count toward open space. The Commission expressed concern that a Conservation designation would not allow a minimal impact building similar to the existing museum building and discussed what would be in the best interest of the City, Trout Lake Nature Center and the residents. They further discussed proceeding with the land use designation, scheduling a meeting with the Nature Center and any other interested parties, and waiting until the 30-day window for an appeal had expired. Eileen Tramontana, Trout Lake Nature Center Executive Director; suggested holding a meeting to allow all interested parties to understand any possible consequences. The Commission noted that the bulk of the property is wetlands, which is already protected under the City's comprehensive plan. City of Eustis, Florida Page3 Printed on 911212014 City Commission Meeting Minutes - Final September 4, 2014 CONSENSUS: It was a consensus of the Commission to hold a workshop on October 2nd following the Commission meeting to discuss the conservation designation or easement and for the medical marijuana workshop to be held at 5:00p.m. prior to the regular Commission meeting. VII. FUTURE AGENDA ITEMS- None VIII. COMMENTS City Commission Commissioner Holland apologized for missing the last meeting and indicated he would provide a report at a future meeting. He announced that the dedication of the new fire truck would be held on Friday and noted other events including the First Friday event and the high school football game with the presentation of a check to the school from their participation in the First Friday events. He also announced that the Eustis Historical Museum had begun its "Legends" series and noted that Emogene Stegall had provided the first presentation. He noted that on September 16th Sheriff Gary Borders and former Sheriff Evvie Griffin would participate and in November the Legends program would feature four former black educators at the Community Center. Vice Mayor Eckian congratulated the Chamber on their launch reception and announced a number of new benefits for members including a new app that allows their members to dialogue back and forth. Commissioner LeHeup-Smith announced a new art exhibit at the Lake Eustis Museum of Art to open Sept. 18th. She noted the Community Yard Sale to be held Sept. 27th at Ferran Park, the Folk Festival on Oct. 11th and 12th with a Kiwanis breakfast, and a bunco party Oct. 14th at the art museum. City Manager- None City Attorney- None Mayor Mayor Bob commented on the ongoing process of locating new a City Manager. She complimented Ms. Kramer on doing a good job as Acting City Manager. She commented on the need for the City residents to stop fighting amongst themselves and the possibility of other agencies making the decisions that will affect the City. She announced a five minute break before beginning of the workshop. IX. ADJOURNMENT-7:34p.m. City Clerk Mayor/Commissioner *These minutes reflect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to www.eustis.org and click on the video for the meeting in question A DVD of the entire meeting or CD of the entire audio recording or verbatim transcript of the meeting can be obtained from the office of the City Clerk for a fee. City of Eustis, Florida Page4 Printed on 911212014