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08-11-2009 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 The Clermont City Council met in a regular meeting on Tuesday, August 11, 2009 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Mullins, Goodgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins suggested a moment in silence for the Miller family who lost their son in Afghanistan followed by the Pledge of Allegiance. PUBLIC COMMENTS Cuqui Whitehead thanked the citizens of Clermont for donations in support of her trip to Nicaragua. Pat Orr spoke on behalf of the Clermont Recreation Club. The group currently utilizes the Kehlor building to play bridge. She remarked on the conditions of the facility and requested an upgrade to the current structure or the use of a larger facility such as the Women's Club. Mayor Turville noted the City is aware of the predicament and will review options to help them. Basha Schlazar asked Council to increase the number of handicapped parking spaces at Clermont Landing. Mayor Turville noted the current number of handicapped spaces is as required by City Code. City Manager Saunders stated staff will contact Clermont Landing to advise of the concern. Council Member Goodgame requested placing handicapped space requirements on the next workshop agenda. Rodney Lyons, 214 Carroll Street, expressed concern with individuals asking for money within the neighborhood and requested follow up from a previous meeting with staff. City Attorney Mantzaris stated the City has a peddler's ordinance in place which requires a permit. This ordinance allows law enforcement to address these individuals unless they are part of a SO1C3 organization which has the ability to solicit in Florida. Jim Purvis, 4206 Hammersmith Drive, commented on the meeting held with staff concerning the above mentioned matter. He read aloud F. S. 2008 877.03 pertaining to disorderly conduct and F.S. 2008 823.10 regarding public nuisance. Chuck Johnson was present on behalf of the City of Leesburg Baseball, Leesburg Lightning and Florida Collegiate Summer League. He thanked the City Council for a successful season with the Clermont Mavericks and for their support. Mayor Turville congratulated the team. REPORTS City Manager Saunders scheduled a Council workshop for Monday, August 24 at 6:OOpm. City Attorney Mantzaris - No Report Council Member Hogan reported on the next Water Alliance meeting in Leesburg. There will be a Candidates Forum held on August 18 at Summit Greens for the three (3) candidates running for Seat 4. Mr. Hogan noted a retired New York City Firefighter has donated a portion of the Twin Towers and the Fire Department will be having a special dedication on September 11 at Fire Station 1. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 Council Member Goodgame commented on attending the funeral service for Army Spc. Alexander Miller last Sunday at the First United Methodist Church in Clermont. Delores Walker has put together a book of photographs of old structures around Clermont. The Historical Society is trying to obtain 10 sponsors to sell the books at a reasonable price for the 125"' Anniversary. Council Member Mullins questioned the status of the proposed archway at Highway 50 and 8"' Street right--of-way. City Manager Saunders stated the Florida Department of Transportation has been contacted. The delay is the transfer of right-of-way. City Engineer Richardson remarked they are investigating to determine if it is needed before turning it over. Council Member Thompson - No Report Mayor Turville asked City Clerk Ackroyd to read the proclamation aloud. City Clerk Ackroyd read the proclamation aloud recognizing Spc. Alexander J. Miller. Cuqui Whitehead suggested recognizing this soldier at Veterans Park. Mayor Turville recommended further discussion at the workshop. Mayor Turville noted the variance request from White Aluminum has been requested to be tabled to the August 25 meeting. Council Member Goodgame so moved; seconded by Council Member Mullins. The motion passed with all members present voting "aye". CONSENT AGENDA Mayor Turville advised the next item on the Agenda for consideration was the Consent Agenda and requested anyone wishing to have any item pulled for discussion to please come forward at this time. Item No. 1 -Event Request Item No. 2 -Contract Approval Item No. 3 -Agreement Approval Request closing a portion of Montrose Street from the intersection of 5th street east to the north eastern corner of the First Baptist Church of Clermont property (498 W. Montrose St.) Request approval of a contract between Lake County and the City for the sale of the spray field property located on Max Hooks Road Request approval of an agreement with Fifth Third Bank for banking services Council Member Hogan pulled item 2 and Council Member Mullins pulled item 3 from the consent agenda. Council Member Goodgame moved for item 1 to be approved; seconded by Council Member Mullins. The motion passed with all members present voting_`ave". Item 2 -Council Member Hogan commented Lake County has bought this property to develop a park. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 City Manager Saunders remarked Lake County purchased the property for $4.1 million. It will be three (3) years before the City begins receiving funds. This will allow the County time and money to develop a regional park. Lake County approved the contract last week. Council Member Hogan moved for approval; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Item 3 -Council Member Mullins stated he could not vote on this item because he serves on the local board. He further commented the customer service at Fifth Third Bank was unsatisfactory. Administrative Services Director Van Zile reported on receiving proposals from various banks. The main determining factor for recommending Fifth Third Bank is the annual net interest earnings projections. Also, they were recommended based on local government experience. Staff felt Fifth Third Bank was the best proposal submitted. Council Member Goodgame moved for approval of item 3 Agreement with Fifth Third Bank; seconded by Council Member Hogan. The motion passed 4 - 0 - 1 with Council Member Mullins abstainine. NEW BUSINESS Center Lake Approval City Manager Saunders noted the City Council requested the fountain and landscape lighting around Center Lake be placed on the agenda. Lake Fountains provided two (2) recommendations. One is the 3 tier series with the estimated cost of $11,500 including $2,500 allowance for the required electrical. The larger size fountain is approximately $18,000 plus $4,700 for electrical. Under the City purchasing policy, we would normally request three (3) quotes for this level of expenditure. However, the Council has the option to accept the proposal from Lake Fountains and Aeration, Inc. without quotes if interested in having it installed before the 125"' Celebration events. The other item for consideration is the landscape lighting. The estimated cost for landscape lighting is $800 for the island and $5,600 for the perimeter of the lake. The cost will be less if we do not have to upgrade the electrical. This would require a budget amendment from the General Fund reserves. Mayor Turville opened the public hearing. Cuqui Whitehead spoke in opposition to the fountain. Jim Purvis and Wally Herda spoke in support of the lighting and fountain. Mayor Turville closed the public hearing. Mayor Turville supported the lighting however expressed concern with the fountain in Center Lake due to water conservation. Council Member Mullins agreed with Mayor Turville and noted the Downtown Partnership board was not in favor of the fountain. Council Member Hogan supported the idea. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 Council Member Goodgame supported the 3 tier fountain and lighting. Council Member Thompson was supportive of the proposed fountain and lighting. Council Member Goodgame moved that we go forward with the landscape lighting on the island and the perimeter of the lake; seconded by Council Member Mullins. Under discussion, Mayor Turville questioned whether to bid out. City Manager Saunders stated the lighting would not require bidding. The reason staff suggested moving ahead with the fountain is to have it completed by the 125`h Celebration. The motion passed with all members present voting "aye". Council Member Hogan moved to ignore the bid process and go with the lesser priced fountain in the middle of Center Lake; seconded by Council Member Goodgame. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Site Plan Approval City Manager Saunders reported the Engineering Department has put together a site plan for improvements to the Historic Village parking lot. The proposed plan has been reviewed with Delores Walker and Louise Stockton from the Historic Village Society. Mr. Saunders reviewed the proposed modifications. Staff requested Council approval of the layout. The next item is to approve the low quote to do the work on the parking lot. Council Member Mullins suggested a second handicapped parking space. City Manager Saunders noted to add a second handicapped space; two (2) regular spaces would be eliminated. Council Member Goodgame suggested changing the parking space at the Quonset but entrance into a handicapped space. City Manager Saunders said that could be a possibility and would only lose one regular parking space. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the approval of the layout plan for the Historic Village with the modification for one more handicapped space; seconded by Council Member Hogan. The motion passed with all members present voting "aye". Quote Approval City Manger Saunders reported on the three (3) quotes received with Paqco, Inc. being the lowest at $19,156.25. This does not include the circular sidewalk area. Staff will return to Council at a later date with that project. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the approval of the Paqco proposal for parking lot construction; seconded by Council Member Mullins. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 Resolution 1622 Mayor Turville read Resolution 1622 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, responding to the initiating Resolution adopted by the Town of Montverde pursuant to Sec. 171.203 Florida Statutes for negotiating an Interlocal Service Boundary Agreement; responding to Lake County, Town of Montverde, City of Minneola, and the Pine Island Community Development District; providing for recordation; providing for an effective date. City Manager Saunders reported on new legislation that allows cities and counties to enter into an inter- local service boundary agreement. It offers the ability for cities to provide services outside of city limits. The Town of Montverde has passed a Resolution requesting Lake County to consider entering into an agreement. Legislation states other surrounding municipalities can be invited to be a part of the negotiations and the City of Clermont has received an invitation. Staff recommended approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Resolution 1622; seconded by Council Member Goodgame. Under discussion, Mayor Turville stated the adoption of this Resolution does not obligate us to anything. This is an agreement to participate with other municipalities, Development District and Lake County. Council Member Goodgame noted the items for negotiation include water, waste water, municipal services, fire protection, emergency rescue and medical, public safety, road ownership, construction and maintenance, parks and recreation, solid waste and recycling services, library services, permitting and building services, as well as stormwater management and drainage. The motion passed with all members present voting "aye". Council Member Goodgame added that economic development should be one of the items considered. Resolution 1614 Mayor Turville read Resolution 1614 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, authorizing budget amendrr}ents for the City of Clermont for Fiscal Year 2008-2009. Administrative Services Director Van Zile explained this Resolution formally amends the budget. The majority of the items included in the Resolution have been approved by Council throughout the Fiscal Year. The expenditures associated with the budget amendments have been included in the proposed budget for next year as discussed at the Council workshops. Mr. Van Zile requested amending Resolution 1614 for the items approved at this meeting. The first amendment would be on page 3 in the General Fund section to increase Capital Outlay in the amount of $17,900 for the installation of the fountain and lighting at Center Lake, number 15. Also, amend number 14 in the amount of $453,354. The next amendment is to the Infrastructure Fund to $252,535 for a transfer to the Capital Projects fund for the Historic Village parking lot. City of Clermont MINUTES REGULAR COUNCIL MEETING AUGUST 11, 2009 The next amendment is on page 4 under Capital Projects Fund is to increase Capital Outlay in the amount of $19,156 from the Infrastructure Fund for the same amount for the Historic Village parking lot and increase the fund balance number in number 3 under the Capital Projects Fund to $2,602,708. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Resolution 1614 with revisions as presented by Mr. Van Zile• seconded by Council Member Mullins. The motion passed with all members present voting"ave". Jim Purvis expressed concern with the placement of political posters throughout this community and specifically in the downtown area. Mayor Turville remarked the City is aware of the situation. The posters displayed at the Post Office are a Federal Jurisdiction. ADJOURN: With no further comments, this meeting was adjourned at 8:45pm. APPROVED: S. Tu i le, Mayor ATTEST: .,~~ Tracy Ackroyd, City Cler FORM 8B MEMORANDUM OF VOTING CONFLICT F=OR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILI G ADDR SS -l(] ~.C " THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WfHICH I SERVE IS A UNIT OF: CITY ~ ~-ITY ^ COUNTY 0 OTHER LOCAL AGENCY 4 ~ C 1'tiVryrs ((~t{t{{ ~~ NAME OF POLI?ICAL SUBDIVISION: T E OCCURRED DATE ON WHICNgVO L f/ ~' ~ ~ MY POSITION IS: k7 ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a confict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office P~UST ABSTAIN from voting on a measure which inures to his or her specia- private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including fire parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and fle it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ___.~~,a~~~_~ _ ~~~J f~~l~ _________, hereby disclose that on _____! I ~Cic,h~___~______ _, 20 ~ _: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, _ _ __ ; ' inured to the special gain or loss of~~l ~~r r ______, by whom 1 am retained; or inured to the special gain or loss of __ _ ___, which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before m//y agency and the~~¢¢nature of my conflicting interest in the measure is as follows: .r. Si~ c7h ~`te ~r7Cu~ r/~~t~~ ~~ ~'~e ~~xh~.- ~~~ iNtcc~-~ /'~CJwr~y~u~i~~.~ ~'~ ~~j`~Wt e~~7 Date Filed C', ~, I ,. ;~ ~ ;~ `~ ~: --r ~:=~ ~--=-- ' ' - ~~---------------- Si~nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 112000 PAGE 2