City Commission Regular Meeting

APPROVED:12/7/2017 City Hall City of Eustis, Florida 10 North Grove Street Post Office Drawer 68 Eustis, FL 32727-0068 Meeting Minutes - Final* City Commission Thursday, November 16, 2017 6:00PM City Hall INVOCATION: Fr. Cassian Dunlop, St. Andrew's Orthodox Church PLEDGE OF ALLEGIANCE: Commissioner Sabatini CALL TO ORDER: Mayor Morin ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE Present: 4 - Commissioner Anthony Sabatini; Vice-Mayor Marie Aliberti ; Commissioner Linda Bob; and Mayor Robert Morin Absent: 1 - Commissioner Carla Gnann-Thompson I. AGENDA UPDATE Ron Neibert, City Manager, stated the appointment to the Code Enforcement Board would be removed from the agenda. II. PRESENTATIONS 16495 Recognition of Firefighter Chris Benway on his Promotion to Engineer and Presentation of Legacy Badge to Firefighter Clay Rich Fire Chief Mike Swanson recognized Firefighter Chris Benway on his promotion to Engineer and presented a Legacy Badge to Firefighter Clay Rich. III. AUDIENCE TO BE HEARD Jacqueline Carroll, Eustis Little League, addressed the Commission to request support for the League and assistance in repairing damage to the playing fields caused by Hurricane Irma. Heather?? commented on the amount of volunteerism by the high school students and players to help the League and the number of developmentally disabled children that participate and the benefits to them. She explained that the School Board has stated their lease requires the League to maintain the facilities and refused to assist with the repairs from the storm. Mr Neibert recommended they meet with him and he would try to assist them with coordinating with the School Board and see where the City can assist. Gail Isaac Thomas thanked the Commission and Duke Energy for the installation of the new streetlights. Raymond Mellott, resident of Lakeshore Drive, thanked the Commission and County for reducing the speed limit on Lakeshore Drive. He commented on efforts to reduce the number of large trucks on the road and asked that the cities support their efforts to get FDO T to add sign age at 441 and 19. Dr Rev. Woody Volland addressed the Commission regarding the Florida Lakes Symphony Orchestra Christmas Concert on December 14th at the Epiphany Celebration Anglican Church. City of Eustis, Florida Page 1 Printed on 1112812017 City Commission Meeting Minutes - Final November 16, 2017 Tom Carrino, Economic Development Director, provided an overview of the upcoming events and reviewed plans for George fest. IV. APPOINTMENTS 16494 Appointment to Code Enforcement Board- Russell Johnson Mr Neibert announced that Russell Johnson was present and requested that the Commission proceed with consideration of the Code Enforcement Board appointment. Russell Alan Johnson, Code Enforcement Board applicant, addressed the Commission regarding his desire to serve on the Code Enforcement Board. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, that Russell Johnson be appointed to the Code Enforcement Board. On a voice vote, the motion passed unanimously. V. CONSENT AGENDA 16490 Resolution No. 17-70: Outside Water Service/Annexation Agreement for Property Located at 37406 SR 19 16487 Resolution No. 17-75: Outside Water Service/Annexation Agreement- 1620 E. Crooked Lake Drive 16484 Resolution No. 17-77: Additional Budget Amendment Recognizing Unanticipated Revenues and Expenditures due to Hurricane Irma 16486 Resolution No. 17-78: Approval of Purchase in Excess of $50,000 for Street Sweeper A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to Approve the Consent Agenda. The motion carried by the following vote: Aye: 4 - Commissioner Sabatini ; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin VI. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 16488 Resolution No. 17-76: Vacation of Broadway Street Derek Schroth, City Attorney, announced Resolution No. 17-76: A Resolution of the City Commission of the City of Eustis, Florida; authorizing the vacation and abandonment of a portion of dedicated right-of-way (also known as Broadway Avenue}, northeast of East CR 44, east of Hicks Ditch Road per Ordinance 16- 12. Roland Magyar, Senior Planner, explained the requested right-of-way vacation and the preliminary subdivision plat for the Cobb Commerce Park Subdivision. He noted the original waiver request was for eight waivers; however, one of the requests had been withdrawn. He reviewed the requested waivers as follows: 1) Metal building waiver with extra landscaping on the first 20 feet of lots 5 through 8; 2) Lot depth waiver for lots 5 through 8; 3) Common lot landscaping waiver reduced to 100 feet; 4) Eliminating landscaping along the rear lot line for lots 5 through 8 due to the 7 acre wetland that backs up to those lots; 5) Deferring sidewalk construction for lots 5 through 8 with those to be built at time of construction; 6) Waiver of canopy trees in the 50 ft. CR 44 easement due to the presence of an existing sewer line; and 7) Waiver of canopy trees between lots 2 and 3 due to the placement of an additional sewer line. He stated staff's recommendation for approval of both the vacation and the preliminary plat. City of Eustis, Florida Page2 Printed on 1112812017 City Commission Meeting Minutes - Final November 16, 2017 The Commission questioned what types of business might be located in the Commerce Park with Jeny Cobb indicating that would depend on the market as long as they meet the ctitetia. Steve Vaughn confirmed that the property on the north side of the wetlands is the former Pine Meadows Country Club and is now a sod farm. Mr Schroth opened the public heating for Resolution No. 17-76 at 6:50 p.m. There being no public comment, the heating was closed at 6:50p.m. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to Approve Resolution No. 17-76. The motion carried by the following vote: Aye: 3 - Commissioner Sabatini ; Vice-Mayor Aliberti; and Mayor Morin Nay: 1 - Commissioner Bob 16492 Resolution No. 17-73: Preliminary Subdivision Plat Approval with Waivers for the Cobb Commerce Park Subdivision (E. CR 44 and Hicks Ditch Road) Mr Schroth announced Resolution No. 17-73: A Resolution of the City Commission of the City of Eustis, Flotida, approving a preliminary subdivision plat with waivers for the Cobb Commerce Park Subdivision, an eight lot commerciallindusttial subdivision, on approximately 30.8 +/- acres located at East CR 44 and Hicks Ditch Road. Mr Schroth opened the public heating at 6:51p.m. There being no public comment, the heating was closed at 6:51p.m. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to Approve Resolution No. 17-73. The motion carried by the following vote: Aye: 3 - Commissioner Sabatini ; Vice-Mayor Aliberti ; and Mayor Morin Nay: 1 - Commissioner Bob SECOND READING 16477 Ordinance No. 17-18: Small Scale Future Land Use Map Amendment (2017 -CPLUS-02) Central Business District Core Area Mr Schroth read Ordinance No. 17-18 by title on second and final reading: An Ordinance of the City Commission of the City of Eustis, Lake County, FL, amending the City of Eustis Comprehensive Plan pursuant to 163.3187(1) FS.; changing the Future Land Use Designation of approximately 4.9 acres of real property bounded by E. Clifford Avenue, S. Center street, E. Orange Avenue and N. Dewey street from Residential/Office Transitional (RT) to Central Business Disttict (CBD) in order to reflect the intent of the Comprehensive Plan regarding the "core area " of the Central Business Disttict. Mr Schroth opened the public heating at 6:52p.m. There being no public comment, the heating was closed at 6:52p.m. The Commission questioned the maximum density and the purpose of the ordinance with Mr Neibert indicating that the Comprehensive Plan references the 40 dua but the Future Land Use Map (FLUM) does not. He stated they are correcting the map to reflect what was intended. He added that the previous consideration was for a specific project in a different area. Loti Barnes, Development Services Director, explained that the intent is to correct the Future Land Use Map to coincide with the Comprehensive Plan which clearty shows the subject property was intended to be included in the Central Business Disttict. She clatified the City needs to either City of Eustis, Florida Page3 Printed on 1112812017 City Commission Meeting Minutes - Final November 16, 2017 change the FLUM or do a text amendment to change the Comprehensive Plan. She explained that the three blocks that are the subject of the request include a block comprised of a church and parking lot, the next block is the library and the third block includes a senior housing facility, a City parking lot and a small vacant parcel that is less than an acre. She stated that the majority of the property is already developed. Mr. Schroth reopened the public hearing at 6:56p.m. There being no public comment, the hearing was closed at 6:56p.m. A motion was made by Vice-Mayor Aliberti, seconded by Commissioner Sabatini, to Adopt Ordinance No. 17-18 on second reading. The motion carried by the following vote: Aye: 4 - Commissioner Sabatini ; Vice-Mayor Aliberti ; Commissioner Bob; and Mayor Morin FIRST READING 16493 Ordinance No. 17-19: Refuse Collection Rate Increase based on the Garbage Trash Index Mr. Schroth read Ordinance No. 17- 19 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida, relating to the Waste Management Inc. of Florida franchise; amending the contract; providing for rates based on the Garbage Trash Index and terms of seNice; providing for repeal of conflicting ordinances; providing for severability; providing for an effective date; providing for publication according to law. Colleen Scott, Finance Director; explained the proposed change to the Waste Management Inc. franchise agreement was to change the index the rate changes are based on from the Refuse Rate Index to the Garbage and Trash Collection Index (GTI) . She further explained the benefit to the City which would result in a lower price increase for the next year and there would be Jess volatility using the GTI. Mr. Schroth opened the public hearing at 7:00p.m. Gail Isaac Thomas noted that the garbage is only being picked up once per week and questioned why the rate should go up. Doug McCoy reviewed the history of the garbage pickup within the City and rates. He explained that the proposed rate increase is only 1.4% primarily due to fuel increases, labor and new equipment. Mr. Neibert noted that the previous two years the City has had rate reductions with Mr. McCoy adding that for five of the past seven years the City's rates have either stayed the same or been reduced. There being no further public comment, the hearing was closed at 7:05p.m. A motion was made by Commissioner Sabatini, seconded by Vice-Mayor Aliberti, to Approve Ordinance No. 17-19 on First Reading. The motion carried by the following vote: Aye: 4 - Commissioner Sabatini; Vice-Mayor Aliberti; Commissioner Bob; and Mayor Morin VII. OTHER BUSINESS 16485 Proposed Ordinance Reducing the Price Threshold for Items Brought to the Commission Ms. Scott reviewed the draft ordinance for reducing the price threshold for those items to be brought before the Commission for approval and the current purchasing policy criteria. She stated staff's recommendations for two exceptions to the new threshold as follows: 1) Purchase of used City of Eustis, Florida Page4 Printed on 1112812017 City Commission Meeting Minutes - Final November 16, 2017 equipment where the timing is critical; and 2) Recurring expenses such as pension contributions, utilities, fuel and VISA card payments. She then noted that currently change orders to existing contracts that are under $50,000 can be approved by the City Manager. She asked if the Commission wants to also exclude change orders and leave that with the City Manager due to the time lag that taking those to the Commission would create. CONSENSUS: It was a consensus of the Commission to leave the change orders up to $50,000 under the responsibility of the City Manager and to include the recommended exceptions. Mr. Neibert stated that if the Commission approves the draft an ordinance will be brought back for consideration. The Commission commented on not wanting the Commission to micromanage things but the Commission does need to be more aware of costs that wind up more than anticipated. Mr. Neibert explained that sometimes it is not possible to know how much an initiative is going to cost prior to moving forward. He stated staff could keep the Commission apprised of how costs increase on items and bring those items back to the Commission to see if they still want to move forward with an item. CONSENSUS: It was a consensus of the Commission for staff to bring back the ordinance for consideration with the exemptions as discussed. VIII. FUTURE AGENDA ITEMS Mayor Morin announced there would be a workshop regarding home rule on November 30th at 6:00p.m. He stated the need for a planning meeting after the first of the year. Commissioner Bob noted there are still some piles of debris beside the roads with Mr. Neibert indicating that to his knowledge everything in the City has been picked up. He stated they can make a note of those areas that are actually in the County that need to be picked up. Commissioner Bob cited limbs hanging over the train track with Mr. Neibert stating that is the responsibility of the railroad. The Commission encouraged the public to attend the home rule workshop to learn more about home rule issues. IX. COMMENTS City Commission Vice Mayor Aliberti noted a number of organizations are working to feed the homeless and assist people who would be alone for Thanksgiving. Commissioner Sabatini announced that he and the City Manager will be working with the high school to implement a student summer internship for juniors. He recognized Coach Phillips who explained the youth in attendance were part of the Young Republicans. Commissioner Bob reminded everyone that school would be out the next week. City Manager - None City Attorney - None City of Eustis, Florida Page5 Printed on 1112812017 City Commission Meeting Minutes - Final November 16, 2017 Mayor Mayor Morin announced Tuesday, November 21st, there would be a Veterans Service Award ceremony at the Eustis National Guard Armory featuring Gov. Rick Scott. Commissioner Sabatini noted that the ceremony is open to all veterans. X. ADJOURNMENT- 7:23 p.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 Page6 Printed on 1112812017