City Commission Regular Meeting
Regular MeetingEustis, FL · May 7, 2015
Minutes
APPROVED: 5/21/2015
City Hall
City of Eustis, Florida 10 North Grove Street
Post Office Drawer 68
Eustis, FL 32727-0068
Meeting Minutes - Final*
City Commission
Thursday, May 7, 2015 6:00PM City Hall
INVOCATION: Elder Harry Harris, Poe's Memorial Baptist Church
PLEDGE OF ALLEGIANCE: Vice Mayor Holland
CALL TO ORDER: Mayor Eckian - 6:03 p.m.
ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE
Present: 5- Vice-Mayor Michael Holland; Commissioner Karen LeHeup-Smith; Commissioner Linda Bob;
Commissioner Bill Brett; and Mayor Albert Eckian
I. AGENDA UPDATE - None
II. APPROVAL OF MINUTES
15083 April 16, 2015 - Regular City Commission Meeting
Mayor Eckian noted a correction under the Mayor's Comments in the minutes of the April 16, 2015
Commission meeting. He asked that his comments be amended to indicate the sale of General
Electric real estate.
A motion was made by Vice-Mayor Holland, seconded by Commissioner Brett, to Approve
the Minutes as amended. The motion carried by the following vote:
Aye: 5- Vice-Mayor Holland ; Commissioner LeHeup-Smith; Commissioner Bob; Commissioner
Brett; and Mayor Eckian
III. AUDIENCE TO BE HEARD
Gail Isaac-Thomas, 1140 Bates Avenue, addressed the Commission regarding the online survey
regarding the naming of a facility after Martin Luther King Jr. She expressed opposition to the
survey being conducted only online due to the number of residents who do not utilize computers.
She also expressed opposition to the facility being located in the minority section of town due to
his impact on all people. She then commented on the laying of pipes along Bates Avenue and
problems with the roadway sinking.
Vance Jochim, 12619 Milwaukee Ave., Tavares, commented on recent violence in various areas
throughout the world and the existence of a mosque within the City.
There being no further public comment, Audience to be Heard was closed at 6:14p.m.
IV. CONSENT AGENDA
Mayor Eckian asked to pull Resolution No. 15-33 for separate discussion.
15088 Resolution No. 15-24: Dedication of Utility Easement
15089 Resolution No. 15-25: Vacation of Utility Easements
15087 Resolution No. 15-26: Foreclosure Authorization, 1032 East Clifford
Avenue- Code Enforcement Case #14-00160
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15090 Resolution No. 15-27: Reduction of Code Enforcement Fine/Release of Lien,
1116 Morin Street- Code Enforcement Case #14-00351
15091 Resolution No. 15-28: Release of Code Enforcement Lien , 261 Diedrich
Street - Case #13-050
15092 Resolution No. 15-29: lnterlocal Agreement Regarding Distribution of Local
Government Infrastructure Surtax
15084 Resolution No. 15-30: Purchase in excess of $50,000 from Odyssey
Manufacturing Company for Sodium Hypochlorite
15086 Resolution No. 15-34: Dedication of Utility Easement at 50 Ferran Park
Drive
A motion was made by Vice-Mayor Holland, seconded by Commissioner LeHeup-Smith, to
Approve the Consent Agenda with the removal of Resolution No. 15-33. The motion carried
by the following vote:
Aye: 5- Vice-Mayor Holland ; Commissioner LeHeup-Smith ; Commissioner Bob; Commissioner
Brett; and Mayor Eckian
V. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS
15085 Resolution No. 15-33: Purchase in Excess of $50,000 Civil Engineering
Services for Lakeview Avenue Roadway Improvements
Rick Gierok, Public Works Director, explained a suggestion was made to have GAl include the
laying of a dry reclaimed line as part of the project and to have GAl investigate whether or not there
are any grant funds available for the project. He noted an inaccuracy with the terminus point with
the project running from Bay Street to Haselton. He stated he would be meeting with GAl and
would bring the project proposal back to the next Commission meeting.
The Commission asked if it would be the time to discuss with Duke Energy about burying their lines
in that area with Mr. Gierok responding they could bring that up to them and get prices.
CONSENSUS: The Commission discussed the proposed changes with a consensus to have it
brought back on the Consent Agenda as discussed.
FIRST READING
15074 Ordinance No. 15-08: Inclusion of the City within the County MSTU for
Ambulance and Emergency Medical Services
Derek Schroth, City Attorney, read Ordinance No. 15-08 by title on first reading: An Ordinance by
the City Commission of the City of Eustis, Lake County, Florida, Adopted Pursuant to Section
125.01 (I) (q), Florida Statute (2007) Consenting to the Inclusion of the City of Eustis, Florida, within
the Countywide Municipal Service Taxing Unit for the Provision of Ambulance and Emergency
Medical Services, as Adopted by the Board of County Commissioners of Lake County, Florida;
Providing for the City to be included within said M.S. T U. for a Specific Term of Years; Providing for
an Effective Date.
Mr. Schroth opened the public hearing at 6:23p.m. There being no public comment, the hearing
was closed at 6:24p.m.
A motion was made by Vice-Mayor Holland, seconded by Commissioner LeHeup-Smith, to
Approve Ordinance No. 15-08 on First Reading. The motion carried by the following vote:
Aye: 5- Vice-Mayor Holland ; Commissioner LeHeup-Smith; Commissioner Bob; Commissioner
Brett; and Mayor Eckian
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VI. OTHER BUSINESS
15093 Mayor's Report
Mayor Eckian reported on City activities during the first quarter of 2015 highlighting the following four
issues or projects: 1) Land use lawsuits - Four of the six have been resolved with the final two to be
heard by a judge in less than four weeks. 2) Housing inventory - He cited the lack of upper end
housing that are new or very well maintained. He commented on the revisions to the
comprehensive plan to be heard on second reading in June and cited the need to complete a review
of the land development regulations. 3) Economic development- He commented on the efforts of
the Development Services staff and his meetings with local businesses. He cited their desire to do
more with the City and the community. He recommended staff consider the development of an
applied high technology center within the City. He also suggested that staff initiate a dialogue with
area manufacturers to discuss what works for them in Eustis and what doesn't which could help
develop a profile for Eustis to identify the types of businesses to attract. He also recommended
including local realtors in the discussion. 4) Education- He commented on education as an
economic driver. He announced an education workshop would be held following the May 21st
Commission meeting to include both elementary school principals and School Board members.
15096 Vice Mayor's Report
Vice Mayor Holland thanked staff and the public for their support and cited the various committees
and organizations he serves on for the City. He reported on activities for various organizations and
explained their purposes including the Lake County Economic Development Council, Lake County
League of Cities, and the Eustis Area Chamber of Commerce. He then reported on the efforts to
renew the local option sales tax noting that the current tax will sunset in 2017. He stated it would be
on the ballot November 3, 2015.
15097 Discussion and Possible Action Regarding Possible Settlement Proposals in
the Panuska and Smith Litigation Cases
Mayor Eckian explained the Panuska!Smith lawsuits would be heard in court on June 3rd. He
stated his belief that it would be better for the City and the community if the City is able to settle the
lawsuits. He commented on the involvement of the litigants in the Trout Lake Nature Center. He
suggested that the City offer to connect the Nature Center to the City's wastewater system and
stated the estimated cost to the City would be $33,000 and in exchange Mr. Smith and Mr. Panuska
would be asked to drop the lawsuits.
The Commission discussed the proposal and expressed support for the recommendation .
Mr. Schroth asked about the time frame for response and suggested 14 days with a consensus.
He asked, if the proposal is accepted, how long it would take to have the connection completed.
Mr. Gierok explained the procedure that would need to be used and estimated the timeframe at
approximately 30 days once Trout Lake obtains its permits for the roadway and sewer line.
Mr. Schroth summarized that the City would connect Trout Lake at the City's sole expense to the
sewer system in exchange for all lawsuits by Smith and Panuska being dismissed with prejudice
with the timeframe for acceptance being 14 days from the day the offer is made. He stated he
would convey the offer to Attorney Smith who would extend the offer to Attorney Langley. He
stated the City should require the lawsuits be dismissed with prejudice so they could not be refiled.
CONSENSUS: It was a consensus of the Commission for Mr. Schroth to proceed as stated.
15094 Financial Policy Revisions
Colleen Scott, Finance Director, explained the recommended revisions to the City's financial policies
as follows: 1) Revise the collection level forecasts for property taxes to 98% collection based on
historical data and allow use of either the roll-back rate or the current year millage rate for budgeting
purposes; 2) Revise fees for services to reflect utility rate adjustments as indicated by the most
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City Commission Meeting Minutes - Final May 7, 2015
recent rate study accepted by the City Commission; 3) Establish approval authority and limits for
budget adjustments with the City Manager authorized to approve budget transfers among funds as
long as the total expenditures authorized in the budget is not exceeded, department directors may
transfer funds within the department's operating or capital categories that are less than $5,000, and
the City Manager or his designee may approve budget transfers up to $50, 000; and 4) Update the
budgetary objective matrix to reflect the approved changes.
Ms. Scott stated she was requesting direction regarding the proposed revisions prior to presenting a
resolution for adoption. She also recommended that the policy manual be revamped to provide a
comprehensive policy and procedure manual to incorporate a number of standalone policies.
CONSENSUS: It was a consensus of the Commission to have the revisions brought back as
discussed in resolution form .
VII. FUTURE AGENDA ITEMS - None
VIII. COMMENTS
City Commission
Mayor Eckian asked that the Commission include any comments for the May 21st meeting due to the
short meeting that night.
Commissioner LeHeup-Smith reported that Lake County Animal Services is having a two for one
offer.
Vice Mayor Holland commented on the Community Service Awards and the T H. Poole Sr. funeral
service.
Commissioner Brett also commented on the Community Service Awards, cited the Eustis Live event,
and noted the beginning of the Chamber's wei/ness challenge.
Commissioner Bob commented on the need for summer activities for the local children and the
possibility of establishing a program to provide summer field trips for the children.
City Manager
Ron Neibert, City Manager, thanked the Commission for selecting him and commented on how well
his first week had gone.
City Attorney - None
Mayor
Mayor Eckian cited the street party, and urged everyone to go to the Lake Eustis Museum of Art to
see their new exhibit featuring a young artists who are on the autistic spectrum. He commented on
the strength of the businesses he had visited and the schools. He recognized Florida Food
Products Inc. and First Green Bank for being nominated as the Ernst and Young (EY) 2015 Florida
Entrepreneur of the Year. He announced that the Capita/Improvement Plan workshop would
convene in ten minutes.
IX. ADJOURNMENT- 7:20 p.m.
MAR C. ONTEZ , ALBERT G. ECKIAN
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 511512015
Agenda
City Hall
City of Eustis, Florida 10 North Grove Street
Post Office Drawer 68
Eustis, FL 32727-0068
Meeting Agenda
City Commission
Thursday, May 7, 2015 6:00 PM City Hall
INVOCATION: Pastor James Wells, First Baptist Church
PLEDGE OF ALLEGIANCE: Vice Mayor Holland
CALL TO ORDER: Mayor Eckian
ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE
I. AGENDA UPDATE
II. APPROVAL OF MINUTES
15083 April 16, 2015 - Regular City Commission Meeting
III. AUDIENCE TO BE HEARD
IV. CONSENT AGENDA
15088 Resolution No. 15-24: Dedication of Utility Easement
15089 Resolution No. 15-25: Vacation of Utility Easements
15087 Resolution No. 15-26: Foreclosure Authorization, 1032 East
Clifford Avenue - Code Enforcement Case #14-00160
15090 Resolution No. 15-27: Reduction of Code Enforcement
Fine/Release of Lien, 1116 Morin Street - Code Enforcement Case
#14-00351
15091 Resolution No. 15-28: Release of Code Enforcement Lien, 261
Diedrich Street - Case #13-050
15092 Resolution No. 15-29: Interlocal Agreement Regarding Distribution
of Local Government Infrastructure Surtax
City of Eustis, Florida Page 1 Printed on 5/1/2015
City Commission Meeting Agenda May 7, 2015
15084 Resolution No. 15-30: Purchase in excess of $50,000 from
Odyssey Manufacturing Company for Sodium Hypochlorite
15085 Resolution No. 15-33: Purchase in Excess of $50,000 Civil
Engineering Services for Lakeview Avenue Roadway
Improvements
15086 Resolution No. 15-34: Dedication of Utility Easement at 50 Ferran
Park Drive
V. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS
FIRST READING
15074 Ordinance No. 15-08: Inclusion of the City within the County MSTU
for Ambulance and Emergency Medical Services
VI. OTHER BUSINESS
15093 Mayor's Report
15096 Vice Mayor's Report
15097 Discussion and Possible Action Regarding Possible Settlement
Proposals in the Panuska and Smith Litigation Cases
15094 Financial Policy Revisions
VII. FUTURE AGENDA ITEMS
VIII. COMMENTS
City Commission
City Manager
City Attorney
Mayor
IX. ADJOURNMENT
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City Commission Meeting Agenda May 7, 2015
This Agenda is provided to the Commission only as a guide, and in no way limits their consideration to the items contained hereon. The Commission has
the sole right to determine those items they will discuss, consider, act upon, or fail to act upon. Changes or amendments to this Agenda may occur at any
time prior to, or during the scheduled meeting. It is recommended that if you have an interest in the meeting, you make every attempt to attend the
meeting. This Agenda is provided only as a courtesy, and such provision in no way infers or conveys that the Agenda appearing here is, or will be the
Agenda considered at the meeting.
If a person decides to appeal any decision made by the board, agency or commission with respect to any matter considered at such meeting or hearing, he
or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (Florida Statutes, 286.0105). In accordance with the Americans
with Disabilities Act of 1990, persons needing a special accommodation to participate in this proceeding should contact the City Clerk 48 hours prior to
any meeting so arrangements can be made. Telephone (352) 483-5430 for assistance.
"Any invocation that may be offered before the official start of the Commission meeting shall be the
voluntary offering of a private citizen, to and for the benefit of the Commission and the public. The views
or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the
Commission, and the Commission is not allowed by law to endorse the religious beliefs or views of this, or
any other speaker.
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