City Commission Regular Meeting

APPROVED:3/2/2017 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes- Final* City Commission Thursday, February 16, 2017 6:00PM City Hall INVOCATION: Rev. Marc Kappell, Faith Lutheran Church PLEDGE OF ALLEGIANCE: Commissioner Gnann-Thompson CALL TO ORDER: Mayor Morin - 6:01 p.m. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 5- Commissioner Carla Gnann-Thompsen; Commissioner Anthony Sabatini; Vice-Mayor Marie Aliberti; Commissioner Linda Bob; and Mayor Robert Morin I. AGENDA UPDATE II. APPROVAL OF MINUTES 16298 February 2, 2017 - Regular City Commission Meeting A motion was made by Commissioner Anthony Sabatini, seconded by Commissioner Carla Gnann-Thompsen, to approve the Minutes. The motion passed by an unanimous vote. III. AUDIENCE TO BE HEARD Nan Cobb, President of Lake Eustis Area Chamber of Commerce, provided an update on the Georgefest event and their participation in the upcoming African-American Heritage Festival parade. Christine Cruz, Eustis Chicken Club, addressed the Commission regarding the previous discussion regarding chickens. She stated she was not speaking in favor of chickens but had concerns regarding whether or not code enforcement officers could enter someone 's backyard to enforce chicken regulations. Darius Kenison announced that there would be the Laugh Out Loud Christian Comedy Show on Saturday after the festival. Karen LeHeup-Smith expressed opposition to allowing chickens inside City limits. Cynthia Conklin expressed support for backyard chickens noting the size of her property, her desire to eat healthily and various pros regarding having chickens. Judsen Giddens, Florida Urban Agriculture, addressed the Commission in support of backyard chickens and presented one of his chickens citing programs in other cities and the need for students to raise poultry. IV. CONSENT AGENDA 16293 Resolution No. 17-12: Reclassifying the Sales Tax Revenue Fund from a Special Revenue Fund to a Capital Projects Fund. 16305 Resolution No. 17-17: Initiation of Conflict Resolution Procedures per Chapter 164, F.S.-Interlocal Service Boundary Agreement Negotiations City of Eustis, Florida Page 1 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 16299 Appointment to Historic Preservation Board - Jennifer Dempsey 16300 Appointment to Firefighters' Pension Board- Ken Carpenter 16302 Appointment to Lake Sumter MPO Technical Advisory Committee - Rick Gierok (or designee) A motion was made by Commissioner Bob, seconded by Commissioner Gnann-Thompson, to Approve the Consent Agenda. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompson; Commissioner Sabatini; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin V. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 16296 Resolution No. 17-10: Site Plan with Waivers for Watercraft Rental Facility at Ferran Park Derek Schroth, City Attorney, announced Resolution No. 17- 10: A Resolution of the City Commission of the City of Eustis, Florida; approving a site plan with waivers for retail sales and service (watercraft rental facility) on approximately 0.05 acres located between the intersection of Northshore Drive and W Bates Avenue and Lake Eustis. Roland Magyar, Senior Planner, explained the need to postpone consideration of the site plan to a date certain March 2, 2016. CONSENSUS: It was a consensus of the Commission to continue consideration of Resolution No. 17-10 to the March 2, 2017, regular Commission meeting. 16295 Resolution No. 17-11: Selection of Funding Source for Municipal Loan Financing of Water and Sewer Capital Items Mr. Schroth announced Resolution No. 17- 11: A Resolution of the City Commission of the City of Eustis, Lake County, Florida, awarding Bid No. 006- 17 to United Southern Bank for municipal loan financing in the amount of $1,805,500 to acquire various water and sewer capital items. Colleen Scott, Finance Director, reviewed the bid award to United Southern Bank for a municipal loan to finance various water and sewer capital projects and stated staff's recommendation for approval. Mr. Schroth opened the public hearing at 6:19p.m. steve Knowles, representing United Southern Bank, expressed thanks for the City's consideration. There being no further public input, the hearing was closed at 6:20p.m. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to Approve Resolution No. 17-11. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompson; Commissioner Sabatini; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin 16303 Resolution No. 17-13: Series 2017 Loan Agreement with United Southern Bank Mr. Schroth announced Resolution No. 17-13: A Resolution of the City of Eustis, Florida; accepting the term sheet of United Southern Bank to purchase the City's $1,805,500 Water and Sewer Revenue Note, Series 2017, to finance certain improvements to or associated with the City's water and sewer system; authorizing the execution and delivery of a Joan agreement with said City of Eustis, Florida Page2 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 bank to secure the repayment of the 2017 note; providing for the payment of the 2017 note from the net revenues of the City's water and sewer system, all as provided in the Joan agreement; authorizing the City Manager or his designee to do any other additional things deemed necessary or advisable in connection with the execution of the Joan agreement, the 2017 note, and the security therefor; authorizing the execution and delivery of other documents in connection with the 2017 note; designating the 2017 note as "bank qualified"; providing for severability and an effective date. Ms. Scott reviewed the Joan agreement with United Southern Bank for the Water and Sewer Revenue Note, Series 2017, in the amount of $1,805,500 to finance improvements to or associated with the City's water and sewer system and stated staff's recommendation for approval. Mr Schroth opened the public hearing at 6:21p.m. There being no public input, the hearing was closed at 6:21 p.m. Ms. Scott and Mr Schroth commented on review of the agreement by legal counsel with Mr Schroth noting there would be one minor revision. A motion was made by Commissioner Sabatini, seconded by Commissioner Gnann- Thompsen, to Approve Resolution No. 17-13. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompson; Commissioner Sabatini; Vice-Mayor Aliberti; Commissioner Bob; and Mayor Morin 16297 Resolution No. 17-14: Approval of Purchase in Excess of $50,000 for Boom Mower Mr Schroth announced Resolution No. 17-14: A Resolution by the City Commission of the City of Eustis, Lake County, Florida, authorizing a purchase in excess of $50,000 to procure a Challenger MT465 boom mower utilizing the Florida Sheriff's Association - Florida Association of Counties Contract Number FSA 16-VEH14.0. Mike Brisson, Public Worl<s Superintendent, explained the required purchase for the Challenger MT465 boom mower Mr Schroth opened the public hearing at 6:24p.m. There being no public input, the hearing was closed at 6:24p.m. A motion was made by Commissioner Bob, seconded by Commissioner Gnann-Thompson, to Approve Resolution No. 17-14. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompson; Commissioner Sabatini; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin 16308 Resolution No. 17-15: Honorary Street Designation "Dr. Martin Luther King, Jr. Boulevard" Mr Schroth announced Resolution No. 17- 15: A Resolution of the City Commission of the City of Eustis, Florida; honoring Dr Martin Luther King, Jr by providing for an honorary street designation of East Orange Avenue as "Dr Martin Luther King, Jr Boulevard" and authorizing placement of a commemorative street blade sign. Lori Bames, Development Services Director, reviewed the proposed honorary street designation as discussed at the February 2, 2017 Commission meeting. She commented on Dr King's contributions to the United states and the recognition provided to him by other communities. She cited the high visibility of Orange Avenue as an honorary designation and reviewed staff's analysis of Dr King's historical contributions in reference to the City's facility naming policy. She explained that the Orange Avenue official name will remain the same and the renaming will only be honorary. The Commission discussed the following: 1) the possibility of considering alternative locations for honorary designation due to the existing historical significance of certain streets; 2) whether or not to name facilities after livinq individuals; 3) postponinq a final decision and schedulinq a City of Eustis, Florida Page3 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 workshop to discuss the policy; 4) the street name only being honorary to avoid causing people to have to change their addresses; 5) approving a temporary designation while seeking a more permanent recognition; and 6) the fact that the contributions made by Dr King benefitted all people, not just African-Americans. Mr Schroth opened the public hearing at 6:34p.m. Timothy Totten commented on previous discussion by the Commission and who various streets have been named after with only one street named after a national figure. He noted local streets that have been named after living figures such as David Walker Road and Ann Rou Road. He expressed support for the honorary designations. Gail Isaac Thomas expressed support for the Dr King honorary designation and noted the number of times a designation has been discussed. There being no further public comment, the hearing was closed at 6:39p.m. Mayor Morin expressed support for the designation and agreed with the need to rewrite the City's facility naming policy. Commissioner Sabatini suggested Kurt St. as an alternative location and suggested holding a workshop. Vice Mayor Aliberti confirmed the process used for a designation and asked if the person making the request gets to suggest the street to be named. Ron Niebert, City Manager, reminded the Commission that it was the Commission that directed staff to bring back a report and recommendation regarding the request to designate Orange Avenue in honor of Dr King. He stated it was an individual that brought forth the second recommendation regarding Bates Avenue. Mayor Morin commented on the possibility of holding a workshop prior to making a decision. Commissioner Bob stated that the time to suggest a workshop was when the suggestion was first was brought up at the last Commission meeting. She noted that the suggestion has been workshopped before. She explained that the reason the City has not proceeded with a designation previously was due to there not being agreement within the community on the location for a designation. She indicated the Commission could discuss at a workshop how to handle future requests. The Commission further discussed the possibility of postponing a decision on the resolution and holding a workshop to discuss the policy. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to table consideration of Resolution No. 17-15 and schedule a workshop for the discussion of the City's policy. The motion carried by the following vote: Aye: 4 - Commissioner Gnann-Thompsen; Commissioner Sabatini; Vice-Mayor Aliberti; and Mayor Morin Nay: 1 - Commissioner Bob 16307 Resolution No. 17-16: Honorary Street Designation "Carla Mitchell's Way" Mr Schroth announced Resolution No. 17-16: A Resolution of the City Commission of the City of Eustis, Florida; honoring Vivian Carta Miller-Mitchell by providing for an honorary street designation of East Bates Avenue as "Carta Mitchell's Way" and authorizing placement of a commemorative street blade sign. Ms. Barnes explained the request by Commissioner Bob to place consideration of an honorary street designation on the agenda prior to the 2017 African-American Heritage Festival. She reviewed the City of Eustis, Florida Page4 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 historical contributions by Vivian Carla Miller Mitchell, the development of the African-American Heritage Festival and the Mt. Olive Cemetery and other contributions. She explained the proposed designation would be honorary and the official name would remain Bates Avenue. Mr Schroth opened the public hearing at 6:52p.m. The following individuals spoke in support of reconsidering Resolution No. 17-15: 1) Tim Totten and 2) Nicie Allen Parks. The following individuals spoke in opposition to Bates Avenue being designated in honor of Carla Mitchell: 1) Marjorie Buckner, 2) Gessner Harris, 3) Gail Isaac Thomas, and 4) Betty Ann McClellan; and Kimberly Gerry spoke in support of Bates Avenue being designated for Ms. Mitchell. The Commission discussed the following: 1) concern about the division within the community; 2) the need to honor Ms. Mitchell and why; 3) the need for black history to be recognized; 4) the possible need to consider other locations, not whether or not to honor Dr King and Ms. Mitchell; 5) how a location is selected and the procedure used; 6) the restrictions of the Sunshine Law so that the Commission may only discuss City business during their meetings; 7) the need for a workshop; and 8) the need to remember that other people that may disagree still have the best interest of the City at heart. Carla Miller Mitchell expressed thanks for the proposed naming and emphasized that she had no part in the suggestion. She noted the presence of her family members and stated it would be Ok to postpone consideration regardless of which street is selected. The following additional individuals spoke regarding the Bates Avenue proposed designation and the need to follow procedures and inform the public: 1) Emily Lee; 2) Gail Isaac Thomas; 3) Dr Hugh Brockington, and 4) Maxine Monroe. It was suggested that a proclamation be given honoring all three founding members of the African-American Heritage Festival. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to schedule a special meeting for Tuesday, February 21, 2017, at 7:00p.m. for review of the City's facility naming policy and consideration of Resolution No. 17-16. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompson; Commissioner Sabatini; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin Reconsideration of Resolution No. 17-15: Honorary Street Designation "Dr. Martin Luther King, Jr. Boulevard" A motion was made by Vice Mayor Aliberti, seconded by Commissioner Gnann-Thompson, to place Resolution No. 17-15 back on the table for consideration. The motion carried by the following vote: Aye: 5- Commissioner Gnann-Thompsen , Commissioner Sabatini ; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin Mr Schroth re-read Resolution No. 17-15 by title and re-opened the public hearing at 7:43p.m. Tim Totten clarified that if the Commission votes to honorarily designate Orange Avenue for Dr King, it can change that designation in the future with Mr Schroth confirming they can redo the designation at any time. Gail Isaac Thomas expressed appreciation for the reconsideration. There being no further public input, the hearing was closed at 7:44p.m. City of Eustis, Florida Page5 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 A motion was made by Vice-Mayor Aliberti, seconded by Commissioner Gnann-Thompson, to approve Resolution No. 17-15. The motion carried by the following vote: Aye: 4 - Commissioner Gnann-Thompsen; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin Nay: 1 - Commissioner Sabatini Recess: 7:44 p.m. Reconvene: 7:56 p.m. VI. OTHER BUSINESS 16294 Permission for Outside Consumption of Alcohol in the Entertainment District for February 26, 2017, March 26, 2017 and April 20, 2017 Tom Canino, Economic Development Director, explained the request to allow the Sunday outdoor consumption of alcohol within the Downtown Entertainment District during three upcoming City-sponsored events - Georgefest on February 26th, the Benefit Poker Run for the Vietnam Veterans' Moving Wall on March 26th, and the Eustis Music Festival on April 30th. A motion was made by Commissioner Gnann-Thompson, seconded by Commissioner Sabatini, that the request for outdoor consumption of alcohol within the Entertainment District on Sunday be approved for the three upcoming City-sponsored events. The motion passed by an unanimous vote. 16301 Proposed Annexation of City-Owned Properties at 205 Cardinal Street, and 701, 708 & 802 Getford Court Ms. Barnes explained staff's recommendation to bring forward the annexation of City-owned lots that are currently located outside of City limits. She explained two of the properties were recently acquired from the County and two are under mow to own contracts. She indicated staff's recommendation that the properties be annexed into the City. She stated that the mow to own applicants will be notified when the annexation ordinance is brought forward. VII. FUTURE AGENDA ITEMS Mayor Morin expressed support for scheduling more workshops but not necessarily immediately prior to a regular meeting. He noted the need to further discuss the ISBA and recommended scheduling a workshop for the same day as the March 2nd Commission meeting at 5 p.m. Commissioner Sabatini asked to talk about a "key to the City" program. He suggested an ''Avenue of Flags" as a fund-raiser for a local organization with the City drilling any necessary holes in the sidewalk. He stated that the City needs more American flags visible. Stephanie Carder informed the Commission that the Boy Scout troop already has a similar program. Commissioner Gnann-Thompson commented on a Eustis High School coach allowing a Downs syndrome student to play with them. She recommended honoring the coach and/or the team. It was suggested that the Umatilla team be invited as well. VIII. COMMENTS City Commission Commissioner Sabatini reported on his attendance at Lake County Days in Tallahassee and lobbying for Lake Tech and Lake Sumter State College. Commissioner Bob cited the Citizen's Police Academy to be held March thru April, explained City of Eustis, Florida Page6 Printed on 212412017 City Commission Meeting Minutes - Final February 16, 2017 the program's content and expressed support for community members participating. She noted the various African-American Heritage Festival activities being held on Friday and Saturday. Commissioner Gnann-Thompson announced the upcoming Coffee with a Cop event. Vice Mayor Aliberti commented on the Eustis Recreation Department's Senior Sweetheart Dance, the Aldi's ribbon cutting, Movie in the Park on Friday in Ferran Park, and announced that the Downtown Cruise-in had been changed to February 18th. She also cited all the activities planned for the weekend. Mayor Morin noted the Garth Brooks Tribute Band to perform on February 24th as part of Georgefest, and noted the upcoming hazardous waste collection. He reported on assisting with the Special Olympics basketball competition at The Big House. He commented on the Commission's commitment to the City of Eustis regardless of differing opinions. He emphasized their desire to be responsive to the needs and desires of the community. City Manager Mr. Neibert commented on the expanding Recreation activities and programs to encompass all members of the community. City Attorney - None IX. ADJOURNMENT-8:15p.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 wwweustis.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 Page7 Printed on 212412017