City Commission Regular Meeting

APPROVED 3/7/2024 MINUTES City Commission Meeting 6:00 PM - Thursday, February 15, 2024- City Hall INVOCATION: MOMENT OF SILENCE PLEDGE OF ALLEGIANCE: COMMISSIONER NAN COBB CALL TO ORDER: 6:01 P.M. ACKNOWLEDGE OF QUORUM AND PROPER NOTICE PRESENT: Commissioner Nan Cobb, Vice Mayor Emily Lee, Commissioner Gary Ashcraft and Mayor Michael Holland ABSENT: Commissioner Willie Hawkins 1. AGENDA UPDATE: None 2. APPROVAL OF MINUTES February 1, 2024 City Commission Meeting Motion made by Commissioner Cobb, Seconded by Vice Mayor Lee, to approve the Minutes as submitted. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 3. PRESENTATIONS 3.1 Hand In Hand Lake County, Inc. Donation Police Chief Craig Capri, presented $1,000 to David Douglas, Executive Director, of Hand in Hand Lake County, Inc. for the support of their addiction recovery facilities. Mr. Douglas thanked the City for its support of the Hand In Hand program. He commented on his history in Lake County and explained the purpose of their programs. He noted they have five houses providing 52 beds for men and women's programs to assist those who want to make changes in their lives. 3.2 Future Business Leaders of America (FBLA) Eustis High School District 10 Activities Update Sam Peterson, Eustis High School (EHS) Senior and President of FBLA EHS Chapter 10, spoke about his experience with FBLA. He commented on the club's involvement in the community and the benefits to the students. He reported the chapter will be sending ten students to state competition. He requested the City's support to assist their participation in the state competition . Aran Cross, FBLA Vice President, thanked the City Commission for its support and commented on his experiences within the program and how it has affected his growth. Sonya White, Faculty Advisory for FBLA, reported that both students placed first place in their event at the district competition . She stated that Aran placed first in public speaking and Sam placed first in business law, which enabled them to go to State. Eustis City Commission Page 1 of B February 15, 2024  Mayor Holland complimented the students and encouraged the public and businesses to give generously to the FBLA. 4. APPOINTMENTS 4.1 Re-Appointments to Eustis Memorial Library Board of Trustees - Betsy Dokken, Carole Martin and Vivian Carla Miller Mitchell Mayor Holland noted that none of the re-appointees were present. Motion made by Vice Mayor Lee, Seconded by Commissioner Cobb, to reappoint Betsy Dokken, Carole Martin and Vivian Carla Miller Mitchell each to a full term on the Library Board of Trustees. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 5. AUDIENCE TO BE HEARD Ivan Gonzalez, with translation by Elis Foreman, congratulated the two FBLA students on their accomplishments. He stated his comments are directed at Hansel Rodriguez. He commented on recent events at Sharps Park with his mother and the park administration's lack of respect and cooperation. He expressed concern regarding the lack of assistance by the City. He asked the City to please do an investigation at Sharps Circle. Mayor Holland asked Sasha Garcia, City Attorney, about his request that the owner come back before the City Commission to discuss the issues with Attorney Garcia indicating she has reached out but they have not contacted her back. She indicated she would reach out to their attorneys and owners again . Juan Aguayo, with interpretation by Elis Foreman, commented on negative repercussions to the residents of Sharps Park after complaints to the City. He stated his gratitude to Police Chief Capri for his assistance. He noted issues other residents have at Sharps Park and stated the issues and sewage problems have been continuing for over a year. He thanked the Commission for trying to help him and his family. Chief Capri reported on the numerous sewage issues and some issues between neighbors. He noted the department receives over ten calls a week from the neighborhood . He expressed concern regarding the ongoing sewer issues and noted they have brought out plumbers but the issues have not been resolved . He indicated that most issues have been resolved but not the sewage issues which is a health issue. Mr. Aguayo stated the sewer problem has been going on for over a year. He commented on negotiations on the sale of his home between him and the owners. He thanked the Commission for listening to him. Discussion was held regarding whether or not the health department could provide some assistance and the need to discuss the problems with the owner. Mayor Holland directed Attorney Garcia to contact the owner's lawyer for one of them to be at the next City Commission meeting . 6. CONSENT AGENDA 6.1 Resolution Number 24-17 : Statewide Mutual Aid Agreement Eustis City Commission Page 2 of 8 February 15, 2024  6.2 Resolution Number 24-19: Acceptance of funding from Construct 2 to ensure the thoroughness of the pending Eustis Marketing Study, including brand research and analysis for downtown 6.3 Resolution Number 24-20: Approving a Purchase in excess of $50,000 for a Wastewater Department Replacement Vehicle 6.4 Resolution Number 24-22: Professional Planning Services 6.5 Resolution Number 24-23 : Approval of Reinstatement and First Amendment to Vacant Land Contract for City-Owned Property Located at 110 W. Woodward Avenue Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft to approve the Consent Agenda. The motion passed by the following votes: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7. ORDINANCES, PUBLIC HEARINGS & QUASI-JUDICIAL HEARINGS 7.1 Resolution Number 24-15: Approving a Photo Enforcement Services Agreement with Altumint, Inc. (Revised) Attorney Sasha Garcia read Resolution Number 24-15 by title: A Resolution by the City Commission of the City of Eustis, Lake County, Florida; authorizing the approval of a photo enforcement services agreement between the City of Eustis and Altumint, Inc.; and providing an effective date. Attorney Garcia explained the need for an additional public hearing to allow public input pursuant to state statute. She indicated the revised agreement had been reviewed by Altumint and City staff based on the recommendations made at the February 1st Commission meeting . The agreement being presented has been reviewed by Altumint and signed by their CEO Holly Cooper. She provided a summary of the updates to the contract and resolution. The Commission confirmed that Attorney Garcia was comfortable with the contract and that the City is meeting state statute. She indicated that if changes are needed the contract provides for that as well. Attorney Garcia opened the public hearing at 6:30 p.m . There being no public comment, the hearing was closed at 6:30 p.m. Motion made by Commissioner Ashcraft, Seconded by Commissioner Cobb, to approve Resolution Number 24-15 . The motion passed on the following vote: Voting Yea: Commissioner Cobb , Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7 .2 FIRST READING Ordinance Numbers 24-02, 24-03, and 24-04: Explanation of Ordinances for Annexation of Parcels with Alternate Key Number 1123461 and related designations Ordinance Number 24-02 - Voluntary Annexation Ordinance Number 24-03 - Comprehensive Plan Amendment Ordinance Number 24-04 - Design District Assignment Attorney Garcia read Ordinance Number 24-02 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 1.88 acres of real property at Alternate Key Number 1123461 , on the south side of East Bates Avenue at 2596 East Bates Avenue. Eustis City Commission Page 3 of B February 15, 2024  Jeff Richardson, Deputy Director of Development Services, reviewed Ordinances 24-02, 24-03 and 24-04 regarding the annexation of property located at 2596 East Bates Avenue and the assignment of the future land use designation of Suburban Residential and design district designation of Suburban Neighborhood. He stated staff's recommendation for approval of all three ordinances . Attorney Garcia opened the public hearing at 6:37 p.m . There being no public comment, the hearing was closed at 6:37 p.m. Motion made by Commissioner Cobb, Seconded by Commissioner Ashcraft, to approve Ordinance Number 24-02 on first reading . The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7.3 FIRST READING Ordinance Number 24-03: Comprehensive Plan Map Land Use Assignment for Recently Annexed Parcel with Alternate Key Number 1123461 Attorney Garcia read Ordinance Number 24-03 by title on first reading : An Ordinance of the City Commission of the City of Eustis, Lake County, Florida, amending the City of Eustis comprehensive plan pursuant to 163.3187 F.S.; changing the future land use designation of approximately 1.88 acres of real property at Alternate Key Number 1123461, on the south side of East Bates Avenue at 2596 East Bates Avenue, from Urban Low in Lake County to Suburban Residential in the City of Eustis. Attorney Garcia opened the public hearing at 6:38 p.m . There being no public comment, the hearing was closed at 6:38 p.m. Motion made by Commissioner Cobb, Seconded by Commissioner Ashcraft, to approve Ordinance Number 24-03 on first reading. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7.4 FIRST READING Ordinance Number 24-04: Assignment of Design District for Recently Annexed Parcel with Alternate Key Number 1123461 Attorney Garcia read Ordinance Number 24-04 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the Suburban Neighborhood design district designation to approximately 1.88 acres of real property at Alternate Key Number 1123461, on the south side of East Bates Avenue at 2596 East Bates Avenue. Attorney Garcia opened the public hearing at 6:39 p.m . There being no public comment, the hearing was closed at 6:39 p.m. Motion made by Vice Mayor Lee, Seconded by Commissioner Ashcraft, to approve Ordinance Number 24-04 on first reading. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7.5 FIRST READING Ordinance Numbers 24-08, 24-09, and 24-10: Explanation of Ordinances for Annexation of Parcels with Alternate Key Numbers 1784069, 2814128 and 2814144 and related designations Eustis City Commission Page 4 of 8 February 15, 2024  Ordinance Number 24-08 - Voluntary Annexation Ordinance Number 24-09 - Comprehensive Plan Amendment Ordinance Number 24-10 - Design District Assignment Attorney Garcia read Ordinance Number 24-08 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Florida, voluntarily annexing approximately 13.72 acres of real property at Alternate Key Numbers 1784069, 2814128 and 2814144, on the south side of Getford Road, east of Coolidge Street and west of Gatch Road . Mr. Richardson reviewed Ordinances 24-08, 24-09 and 24-10 pertaining to the annexation of 13.72 acres of real property at Alternate Key Numbers 1784069, 2814128 and 2814144 and the assignment of Suburban Residential as the future land use designation and Suburban Neighborhood as the design district designation. He cited some environmental concerns regarding wetlands on the southeast side of the property with an associated floodplain . He indicated that approximately 7.2 acres is outside of the wetlands or floodplain with a total of 6.5 acres in wetland and floodplain. He cited the existing tree canopy and stated the property is located in a moderate recharge area. He added that, at time of development, most of that would need to be addressed in a larger scale environmental and hydrogeologic study. He stated staffs recommendation for approval of all three ordinances. The Commission asked if staff was contacted by anyone else other than those who spoke at the Local Planning Agency meeting with Mr. Richardson responding negatively. Attorney Garcia opened the public hearing at 6:45 p.m. Marjorie Buckner stated she has property on Coolidge Street and asked if the City was going to be installing pipelines along there to run from Coolidge to Bates Avenue. Tom Carrino, City Manager, responded that the City is planning to run water, sewer and road reconstruction from Bates to Getford along Coolidge. Ms. Buckner asked if the City would also be doing a housing development in that area with Mr. Carrino stating the expectation would be that property along Coolidge would eventually either be redeveloped or developed for housing. Ms. Buckner expressed concern about development in that area and noted that area is wooded . There being no further public comment, the hearing was closed at 6:47 p.m. Motion made by Commissioner Ashcraft, Seconded by Commissioner Cobb, to approve Ordinance Number 24-08 on first reading. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7.6 FIRST READING Ordinance Number 24-09: Comprehensive Plan Map Land Use Assignment for Recently Annexed Parcels with Alternate Key Numbers 1784069, 2814128, and 2814144 Attorney Garcia read Ordinance Number 24-09 by title on first reading : An Ordinance of the City Commission of the City of Eustis, Lake County, Florida amending the City of Eustis comprehensive plan pursuant to 163.3187 F.S.; changing the future land use designation of approximately 13.72 acres of real property at Alternate Key Numbers 1784069, 2814128 and 2814144, on the south side of Getford Road , east of Coolidge Street and west of Gatch Road, from Urban Low in Lake County to Suburban Residential in the City of Eustis. Eustis City Commission Page 5 of 8 February 15, 2024  Attorney Garcia opened the public hearing at 6:48 p.m. There being no public comment, the hearing was closed at 6:48 p.m . Motion made by Commissioner Ashcraft, Seconded by Vice Mayor Lee, to approve Ordinance Number 24-09. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 7.7 FIRST READING Ordinance Number 24-10: Assignment of Design District for Recently Annexed Parcels with Alternat Key Numbers 1784069, 2814128, and 2814144 Attorney Garcia read Ordinance Number 24-10 by title on first reading: An Ordinance of the City Commission of the City of Eustis, Lake County, Florida; assigning the Suburban Neighborhood design district designation to approximately 13.72 acres of real property at Alternate Key Numbers 1784069, 2814128 and 2814144, on the south side of Getford Road, east of Coolidge Street and west of Gatch Road . Attorney Garcia opened the public hearing at 6:49 p.m. There being no public comment, the hearing was closed at 6:49 p.m . Motion made by Commissioner Ashcraft, Seconded by Commissioner Cobb, to approve Ordinance Number 24-10 on first reading. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 8. OTHER BUSINESS 8.1 Discussion regarding allowance of Kurt Street Townhomes Preliminary Subdivision Plat to be reheard before the nine-month waiting period Mr. Carrino reviewed the history of the Kurt Street Town homes preliminary subdivision plat and the concerns expressed when it was first considered and denied. He stated that the applicant has modified the plan and requested that it be reconsidered . He explained the process for an item to be brought back to City Commission prior to nine months. He stated the applicant has made changes including the addition of a tot lot. He indicated that what the Commission needs to consider is whether or not to allow it to be brought back for consideration. Discussion was held regarding who voted for and against the original plat. Motion made by Vice Mayor Lee, Seconded by Commissioner Cobb, to allow the revised preliminary subdivision plat to be brought to the Commission for consideration. The motion passed on the following vote: Voting Yea: Commissioner Cobb, Vice Mayor Lee, Commissioner Ashcraft, Mayor Holland 9. FUTURE AGENDA ITEMS AND COMMENTS 9.1 City Commission Commissioner Ashcraft expressed excitement regarding the upcoming African American Heritage Festival and Georgefest. Commissioner Cobb reported that Kathy Catasus recently shadowed her as part of a requirement for Leadership Lake County. She noted all of the events and meetings they attended and thanked staff for meeting with her. She commented on the Leadership Lake County program and highlighted a number of upcoming events. Eustis City Commission Page 6 of 8 February 15, 2024  Vice Mayor Lee commented on the Modern Schoolhouse visit to City Hall with students delivering flowers and cards to City Hall staff for Valentine's Day. She congratulated Coach Johnny Saunders and Stephanie Carder for being chosen this year's Georgefest King and Queen. She announced some set up instructions for the Heritage Festival Parade. She noted she attended the memorial services for Marlene O'Toole and explained her service to the community. She then announced that a roundtable meeting was held regarding American in Bloom and noted other cities are also participating. She stated Eustis will be adding Greenwood Cemetery to its AIB program and noted other area cities that are beautifying their cemeteries through AIB. She encouraged people to volunteer to participate with America in Bloom. 9.2 City Manager Mr. Carrino announced he received a request for the City to donate to Project Graduation. He indicated that the previous year the City donated $500 . He added they also received a funding request from FBLA. He stated they are not in the current budget; however, there is approximately $1,800 available. The Commission discussed donating to both programs with Vice Mayor Lee requesting that FBLA provide a report to the Commission following the State competition . CONSENSUS: It was a consensus of the Commission to donate $500 each to Project Graduation and the FBLA state competition. Mr. Carrino announced he would be out of the office for approximately two weeks starting March 4th and would be naming Bill Howe as acting city manager. He noted that period would include the March 7th Commission meeting . He confirmed that he would be attending the Strategic Planning meeting on March 14th. CONSENSUS: It was a consensus of the Commission to approve the appointment of Bill Howe as Acting City Manager for the stated period. 9.3 City Attorney Presentation by City Attorney regarding Florida Sunshine Law and Ethics Attorney Garcia provided a presentation to the Commission regarding the Florida Sunshine Law and ethics requirements. The presentation included examples of violations regarding reasonable notice and provision of minutes within a reasonable time. She also highlighted the need for all public records to be retained according to the retention schedules and for records to be provided in the format requested if possible. Mayor Holland asked Attorney Garcia to keep the Commission updated regarding Sharps Mobile Home Park. 9.4 Mayor Mayor Holland provided an overview of the upcoming Georgefest and African American Heritage Festival events. Attorney Garcia discussed the new requirement for the completion of the Form 6 - Statement of Financial Disclosure. She noted that some municipalities have joined a class action lawsuit to challenge the validity of the form regarding constitutionality and privacy rights. She questioned if the Commission would like to receive additional information on that. Mayor Holland explained for the audience the change in financial disclosure forms which would now require the Commissioners to provide full records on anything valued at more than Eustis City Commission Page 7 of 8 February 15, 2024  $1,000. He noted a number of elected officials in Florida have subsequently resigned due to the new requirement. It was a consensus of the Commission to hold off on obtaining any additional information regarding the class action lawsuits. 10. ADJOURNMENT: 7:08 P.M. *These minutes reffect 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 of the meeting can be obtained from the office of the City Clerk for a fee . O~¼h>~ CHRISTINE HALLORAN MICHAEL L. HOLLAND ... w.:::::::::, City Clerk Mayor/Commissioner Eustis City Commission Page 8 of8 February 15, 2024