City Commission Regular Meeting

..& ~ ~"'" , J, . ~ ~ MINUTES APPROVED:5/20/2021 -= •- : •• ..= Regular City Commission Meeting 6:00 PM - Thursday, May 6, 2021 - City Hall INVOCATION: MOMENT OF SILENCE PLEDGE OF ALLEGIANCE: VICE MAYOR LEE CALL TO ORDER: 6:01 P.M. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE PRESENT: Vice Mayor Emily Lee, Commissioner Karen LeHeup-Smith, Commissioner Nan Cobb, Commissioner Willie Hawkins and Mayor Michael L. Holland 1. AGENDA UPDATE Ron Neibert, City Manager, announced that Ordinances Number 21-09 and 21-10 would be continued to the May 20, 2021 , meeting due to the action of the Local Planning Agency. 2. APPROVAL OF MINUTES 2.1 April 1, 2021 - Regular City Commission Meeting April 15, 2021 - City Commission Workshop on Enclaves April 15, 2021 - Regular City Commission Meeting Moved by Commissioner LeHeup-Smith, seconded by Vice Mayor Lee, to approve the Minutes as submitted . Motion carried by the following votes: Ayes : Vice Mayor Lee, Commissioner LeHeup-Smith , Commissioner Cobb, Commissioner Hawkins and Mayor Holland 3. PRESENTATIONS 3.1 Update on housing rehabilitation program with Lake Community Action Agency by Michael Roberson Michael Roberson, Lake Community Action Agency, reported that the public awareness of the program has improved greatly with all of the recent publicity. He stated they have received thirteen applications and twelve have been approved. He added that three homes have been fully completed and one is currently under construction . The Commission asked how many have been completed since the last report and have the invoices been submitted with Mr. Roberson responding two additional homes have been completed and invoices have been submitted . Eustis City Commission Page 1 of 7 May 6, 2021  The Commission questioned what was done at 1312 Lewis Court with Mr. Roberson responding they had to replace the HVAC system and update the duct work. Mr. Roberson commented on how the awareness of the program has improved. He noted two additional applicants were in the office that day. He stated they have also been referring people involved with their other programs. He added they are still having delays in receiving some equipment from manufacturers. He stated they normally take two to three weeks to complete a home but now it is taking approximately seven weeks. Mr. Neibert stated that, based on the number of homes already approved , he would recommend suspending applications until they see how much funding is remaining from the original $250,000 allocated. The Commission questioned where the referrals came from with Mr. Roberson stating he is unsure but the most recent have come from online. The Commission questioned what the additional homes may need with Mr. Roberson explaining they won't know until the inspections are completed . He stated they income qualify the applicants first and then do the inspections. He indicated that, if there is a significant amount of damage to a home, they may be later denied due to them not being able to repair the home. CONSENSUS: It was a consensus of the Commission to suspend applications to the program until the amount of funding required is assessed. 3.2 Presentation of Trout Lake Nature Center 2020 annual report by Eileen Tramontana Eileen Tramontana, Executive Director for Trout Lake Nature Center, provided a report on the Nature Center and its activities and cited the amount of people that have visited the Center over the past year. She commented on their efforts to inform and motivate the public to be involved with the environment. She reviewed their planned upcoming programs including YouTube channel expansion , virtual trails , virtual STEM activities, in-school presentations, educator workshops, their capital campaign , and restoring their former programming. She cited their hope to conduct a County Nature Challenge in 2022 as well as conduct a county-wide Egg Hunt in 2022. She expressed the hope that the City will continue its funding support for the Center. She also requested City assistance with controlled burns, traffic backups on State Road 44 and protecting wildlife trails connected to the Center. She commented on their efforts to protect the manatees in the area as well. 3.3 Presentation by Eustis Community Alliance Vice Mayor Lee commented on the previous programs held at the Resource Center. She commented on the enthusiasm of the Community Alliance noting they have already painted the inside of the building and helped clear the Community Garden . Dina John , President of the Eustis Community Alliance, introduced their board members as follows : Vice President Ronald Musselman, Secretary Laurence Eustis City Commission Page 2 of 7 May 6, 2021  Allenbaugh, Treasurer Theresa Jackson and Project and Events Manager Kelly Hadley and thanked them for their assistance. She stated their mission and provided a video of their work to renovate the building on Clifford Street. She then reviewed their planned programs to be offered including aging/senior program, youth programs to including mentoring, assistance with education and life classes. She commented on their funding and future vision. She noted their need for inkind donations as well as money citing specifically their need for newer computers. She invited everyone to attend the grand reopening on Saturday, May 22, 2021, 12 pm. to 3 p.m ., at the facility located at 1128 Clifford Avenue. 3.4 Acceptance of the Comprehensive Annual Financial Report (CAFR) for the year ended September 30, 2020 Mike Sheppard, Finance Director, provided an overview of the Comprehensive Annual Financial Report for the year ending September 30, 2020. He indicated a full report would be provided with the auditor's management letter at which time they will need to do formal acceptance of the report. 4. APPOINTMENTS 4.1 Appointment to Eustis Housing Authority Board of Directors - Faye Weaver Horace Jones, Executive Director of the Eustis Housing Authority, introduced Faye Weaver who they are requesting to have reappointed to the EHA Board. Faye Weaver addressed the Commission thanking them for their consideration. Moved by Vice Mayor Lee, seconded by Commissioner Hawkins, to reappoint Faye Weaver to the Eustis Housing Authority Board of Directors. Motion carried by the following votes: Ayes: Vice Mayor Lee, Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins and Mayor Holland 5. AUDIENCE TO BE HEARD 5.1 David Serdar addressed the Commission regarding the importance of families and various issues. 6. CONSENT AGENDA 6.1 Resolution Number 21-18: Annexation Agreement and Developers Agreement to Provide Water Service Outside the City Limits (Sorrento Pines West) 6.2 Resolution Number 21-28: Adopting updated Emergency Management & Hurricane Plan for 2021 6.3 Resolution Number 21-29: Authorizing acceptance of Coronavirus Emergency Supplemental Funding Program Residual Funding Grant 6.4 Resolution Number 21-30: Amending current FY2020-2021 budget to recognize revenue and expenditures in the general fund to accommodate expenditures not previously budgeted and covered by additional revenues received from the CARES Act Grant Eustis City Commission Page 3 of 7 May 6, 2021  Moved by Vice Mayor Lee, seconded by Commissioner LeHeup-Smith, to approve the Consent Agenda as submitted. Motion carried by the following votes: Ayes: Vice Mayor Lee, Commissioner LeHeup-Smith , Commissioner Cobb, Commissioner Hawkins and Mayor Holland 7. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 7.1 Resolution Number 21-20: Water, Wastewater, and Reclaimed Water Rate Adjustment Derek Schroth , City Attorney, announced Resolution Number 21-20: A Resolution of the City Commission of the City of Eustis, Lake County, Florida, authorizing adjustment to City of Eustis rates for water, wastewater and reclaimed water, to provide for the annual adjustment per Ordinance Number 16-10, to be effective June 1, 2021 through June 1, 2025. Mr. Sheppard reviewed the proposed rate increase of 2.5% to be effective June 1, 2021 . He explained that, if approved, the new rates would be sent out to all residents in June with the new rate to appear on the bill in July. Mr. Schroth opened the public hearing at 6:45 p.m. David Serdar commented on various issues. There being no further public comment, the hearing was closed at 6:46 p.m. Moved by Commissioner LeHeup-Smith, seconded by Commissioner Hawkins, to approve Resolution Number 21-20. Motion carried by the following votes: Ayes : Vice Mayor Lee, Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins and Mayor Holland 7.2 Ordinance Number 20-32: Voluntary Annexation of property located on north side of CR 44A, east of East Eldorado Lake Drive Ordinance Number 20-33: Comprehensive Plan amendment assigning future land use designation to above property Ordinance Number 20-34: Assigning a design district designation to the above property Mr. Schroth read Ordinance Number 20-32 by title only on second and final reading: An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 20.691 acres of real property located on the north side of County Road 44A, east of East Eldorado Lake Drive. Mr. Schroth then stated that the property is not legally contiguous at that time; therefore , the Commission's only option is to either continue to a date certain or deny the ordinance. He asked if the applicant was present. He then opened the public hearing at 6:48 p.m . Eustis City Commission Page 4 of 7 May 6, 2021  Trisha Walker addressed the Commission in opposition to the annexation and expressed concern regarding the proposed density. Lloyd Kennedy expressed opposition to the annexation stating it is not eligible for annexation . He stated his opinion that the original proposal does not meet the statutes and code. Lee Conger commented on the hamlet designation adopted by the City of Groveland. She presented to the Commission a copy of the Groveland city map and information regarding their plan. She asked they hold off on any land development regulation changes or comprehensive plan changes until the joint planning process is completed. Donna Jordan expressed concern regarding the density and increased traffic. She also expressed concern regarding the possibility of existing residents being forced to connect to City water and sewer and what would happen to those residents with livestock. Sharon Otterson expressed concern regarding the possible effect on the environment and the issue with traffic already in the area. There being no further public comment, the hearing was closed at 7:03 p.m. Mayor Holland stated the property is no longer contiguous and recommended that the Commission vote to deny on second reading. He stated that the Commission's Rules of Order preclude bringing back an issue in less than six months; however, it only takes three affirmative votes to allow an item to be brought back. He commented on the ongoing negotiations with Lake County on planning for the area. He noted the information provided to the Commission by Tim Maslow, City of Groveland, with his recommendations for joint planning . Mr. Schroth stated any motion would need to be either to continue or to deny. He stated the purpose of the continuance would be to see what happens with FDEP. Mayor Holland noted that the State board is not currently meeting due to a vacancy on the board and it may be sometime before they do. Following the motion to continue Ordinance 20-32, Mr. Schroth asked for a motion pertaining to the remaining ordinances. Following the 3 to 2 vote to continue Ordinances 20-33 through 20-40, Mayor Holland stated his resignation from the joint working group. Mr. Schroth stated discussion on appointing a new member to the working group would be on the next agenda . Moved by Commissioner LeHeup-Smith, seconded by Commissioner Hawkins, to continue second read ing of Ordinance 20-32 to the June 3, 2021, Commission meeting . Motion carried by the following votes: Ayes: Vice Mayor Lee , Commissioner LeHeup-Smith and Commissioner Hawkins Eustis City Commission Page 5 of7 May 6, 2021  Nays: Commissioner Cobb and Mayor Holland Moved by Commissioner LeHeup-Smith , seconded by Commissioner Hawkins, to continue Ordinances 20-33 through 20-40 to the June 3, 2021, Commission meeting. Motion carried by the following votes: Ayes : Vice Mayor Lee, Commissioner LeHeup-Smith and Commissioner Hawkins Nays: Commissioner Cobb and Mayor Holland 7.3 Ordinance Number 21-08: Amending Chapter 94 to provide that all utility rates will be set by resolution Mr. Schroth read Ordinance Number 21-08 by title on second and final reading : An Ordinance by the City Commission of the City of Eustis, Lake County, Florida; adopting an amendment to Chapter 94 of the Code of Ordinances to provide for water, wastewater, and reclaimed water rate adjustments to all be consistent and to be made by resolution ; repealing any and all conflicting ordinances; providing for severability; codification ; an effective date; and publication according to law. Mr. Schroth opened the public hearing at 7:09 p.m. There being no public comment, the hearing was closed at 7:09 p.m . Moved by Commissioner Cobb, seconded by Commissioner Hawkins, to adopt Ordinance Number 21-08 on final reading . Motion carried by the following votes: Ayes: Vice Mayor Lee, Commissioner LeHeup-Smith, Commissioner Cobb, Commissioner Hawkins and Mayor Holland 7.4 Explanation of Ordinances Regarding Textile Recycling (Clothing Donation) Bins: Ordinance Number 21-06 Amending Chapter 42 Code of Ordinances Ordinance Number 21-07 Amending Chapter 34 Code of Ordinances Mr. Schroth noted the absence of Development Services Director Lori Barnes and requested that Ordinances 21-06 and 21-07 be continued to the next meeting . Moved by Vice Mayor Lee, seconded by Commissioner LeHeup-Smith, to continue first reading of Ordinances 21-06 and 21-07 to the May 20, 2021 , Commission meeting . Motion carried unanimously 7.5 Ordinance Number 21-09: Amendments to Chapters 110 and 115 of the Land Development Regulations Ordinance Number 21 -10: Comprehensive Plan Text Amendment Mr. Schroth announced that Ordinances 21-09 and 21-10 were continued to the May 20, 2021 , Commission meeting due to the action of the Local Planning Agency postponing their action on the items. 8. FUTURE AGENDA ITEMS: NONE 9. COMMENTS 9.1 City Commission Eustis City Commission Page 6 of 7 May 6, 2021  Commissioner Cobb reported on her tour of the City with the Public Works Director Rick Gierok. Commissioner Hawkins thanked Public Works for their work and complimented them on how the City looks. He announced the Jazz Review to be held May 15th and noted it is a free event and would also feature Thomas McClary from the Commodores. Vice Mayor Lee asked if the Senior Breakfast Program could be moved to the Woman's Club so it could continue over the summer with Mr. Neibert responding affirmatively. 9.2 City Manager Mr. Neibert reported that the City has been receiving information regarding the American Rescue Act money and should have additional information soon regarding allowable uses. 9.3 City Attorney - None 9.4 Mayor Mayor Holland noted National City Clerk Week and presented a thank you to City Clerk Mary Montez. He also asked everyone to keep her and her family in their prayers due to the passing of her mother. Mayor Holland then asked people to be careful what they post on social media. He noted that people are posting information that is totally untrue. He cited a post stating that the City was going to force annexations which is untrue. There was a five to zero vote to not force annexations. He commented on the stressfulness of the Commission work and expressed his love for the City. He cited the additional work the Commissioners undertake outside of the two scheduled meetings. He stated their contact information is available in the City Manager's office and emphasized that anyone can contact the Commissioners and ask to meet with them . Mayor Holland then cited a number of upcoming events including the jazz concert, the high school track team going to state and the ladies' softball team won their regionals game to advance. He cited they are ranked #1 in 4A in the state, #8 in softball in the state regardless of school size and #13 nationally and encouraged everyone to come out and support them. 10. ADJOURNMENT: 7:19 P.M. 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 Clerk Mayor/Commissioner Eustis City Commission Page 7 of 7 May 6, 2021