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02-09-2010 Regular MeetingCity of Clermont MINU'T'ES REGULAR COUNCIL MEETING February 9, 2010 The Clermont City Council met in a regular meeting an Tuesday, February 9, 2010 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, Goadgame, Hogan and Thompson. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Aekroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Fledge of Allegiance. RECOGNITION Jack Hart, East Ridge High School Band Director, announced the accomplishments of the East Ridge High School band for this school year and thanked the community far their support. Mr. Hart also introduced the band officers. Mayor Turville congratulated the East Ridge High School band on their accomplishments. PUBLIC COMMENTS Nancy Fullerton requested a public hearing for the citizens regarding the Council's request to remove the Rural Protection Area land use from the City's Joint Planning Area. Mayor Turville Hated it is not appropriate to discuss a land use issue as it will came before Council as a public hearing in the near future. Ms. Fullerton also inquired about the City's Christmas lights still being an at night and questioned the cost of electricity. Wally Herda questioned whether cameras have been installed on Highway 50. Mayor Turville clarified cameras have not been installed. Jim Purvis, 420b Hammersmith Drive, thanked the East Ridge High Schaal culinary students for their help with the Lions Club spaghetti dinner. Mayor Turville noted the requester of Ordinance No. 2010-03C has requested this item be withdrawn from the agenda for Council to discuss at a future workshop. REPORTS City Manager Saunders updated Council on the wastewater treatment plant an the east side. One of the goals was to have reclaimed water for irrigation instead of using potable u7ater. The plant expansion and force main was recently completed that carries water from the old west plant to the east side. We are producing 2.1 million gallons of reuse water daily. The City is ready to ga live with reuse water far irrigation far all of Summit Greens, Somerset, Kings Ridge, Heritage Hills, and Magnolia Park. Letters will be sent out to residents this week. This helps the City to conserve potable water. Mr. Saunders thanked City Engineer Richardson and Utilities Director Kinzler. There are plans for the next phase. The Council approved the schedule and staff is moving forward to have mare subdivisions an the reuse in the earning months. City u, f Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2010 City Attorney Mantzaris briefed Council on the recent litigation lawsuit filed against the City. The City has been sued related to a Code Enforcement matter and a sign violation found by the Code Enforcement Board. The City is being sued by Bee's Auta. ACLU has alleged Freedom of Speech arguments related to the City's sign ordinance. The suit is seeking a declaratory judgment which is a court determination to review the City of Clermont sign Cade and make a determination of whether it unconstitutionally impairs Freedom of Speech related #o signs. They have also sought an injunction to enforce the City from enforcing its code against the owners of Bee's Auto. This matter has been sent to the City's insurance carrier and anticipates they will assign legal counsel to defend the City. Staff will work closely with them to provide an appropriate response. Staff believes the Code Enforcement Board action was appropriate and consistent with the City's code and anticipates having to defend the city's code as needed against this litigation. Assistant City Manager Gray No Report Council Member Hogan Na Report Council Member Goodgame No Report Council Member Mullins No Report Council Member Thompson No Report Mayor Turville No Repor# 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. I -Event Request Request use of Waterfront Park for the Florida Freewheeler 31~ Annual Horrible Hundred Bike event on November 20t~ and 22~`, 2020 Item No. 2 -Event Request Item No. 3 -Group Medical & Life Insurance Plans Item Nv. 4 -Group Medical Insurance Rates Item Nr~. S -Cafeteria Plan Documents & Summary Item No. 6 -Substance Abuse Policy Item No. 7 -Surplus Equipment Iterrc Nc~. & -Surplus Equipment Request use of Waterfront Park for the annual Haley's House "Walk for Life" on May 22, 2010 Request approval of new Group Medical and Life Insurance Proposals Request approval of new rates for employees Group Medical Insurance Plan Request approval of the revised Cafeteria Plan Document and Summary Plan Description Reques# approval of the revised Substance Abuse Policy Request to surplus and send to auction computer Equipment from Administrative Services Request to surplus and send to auction vehicles from the Public Services Department 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2010 Item No. ~ - I'urchrase Ap~rova! Request authorization to purchase two line stops from Central Florida Tapping & Canstruction, lnc. for a total of $15,000.00 Item _N~. IO - I`usk Grder Nr~. 10, Amendment #3 Item Nr~. II - Scope of Service Request approval of Amendment #3 to Task Order No. 11 in the amount of X21,381.00 far AECOM to continue with the renewal of the Consumptive Use Permit wish St. Johns River Water Management System Request approval of the Scope of Service in the Amount of $b000.00 to Prince Contractors for the US 27 FOOT Project Jim Purvis questioned whether the surplus equipment in item 7 could be given to any of the charitable organizations. City Attorney Mantzaris responded that public property can only be distaosed of through a public auction or to another governmental entity. The law prohibits it from being given to charitable organizations. Mayor Turville questioned whether the equipment had any value. City Manager Saunders noted staff does not dispose of this type of equipment until it is obsolete or no longer working. Council Member Goodgame requested Administrative Services Director Van Zile report on the Substance Abuse Policy in item 6. Administrative Services Director Van Zile provided an overview of the revised policy. Council Member Thompson commended Administrative Services Director Van Zile and his staff far saving the City more than X300,000 for the change in the Group Medical Plan. Council Member Goodgame moved to approve the consent agenda items 1 through 11• seconded by Council Member Mullins The motion passed with all members present voting UNFINISHED BUSINESS Ordinance No, 2t?IO-a411i Mayor Turville read Ordinance 2010-04M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant to section 125.01{lj{q), Florida Statutes {1999}, consenting to the inclusion of the City of Clermont, Florida, within the county-wide Municipal Service Taxing Unit for the provision of Ambulance and Emergency Medical Services, as adopted by the Board of County Commissioners of Lake County, Florida; providing for the City to be included within said Municipal Service Taxing Unit for a specified term of years; providing for severability, providing for an effective date and providing for publication. City Manager Saunders reported this will extend the City of Clermont's inclusion in the county-wide Municipal Service Taxing Unit for the provision of Ambulance and Emergency Medical Services. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. 3 CiEy of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2010 Council Member Mullins moved for the adoption of Ordinance 2010-0~-M• seconded by Council Member Goodgame. The motion passed 5 to 0 an a roll call vote with all members present voting "aye". Mayor Turville noted the next two (2) items wauid be heard concurrently and voted on separately. Lost Lake Reserve DRI Planner Hallerand presented the proposed changes to Lost Lake Reserve, an approved Development of Regional Impact (DRI). She provided an overview of the proposed changes and the amendments to the DRI Development Order, which is the state-level component reviewed by the Department of Community Affairs, East Central Florida Regional Planning Council, Department of Transportation and the other reviewing agencies. The applicant is Lost Lake Reserve, represented by John Percy with AECOM, formerly Glatting Jackson. Staff recommended approval of the amendment to the Development Order. Kesolrction 20I tI-DI Mayor Turville read Resolution 2010-O1 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit to re-designate allowable uses for Parcel C within the Planned Unit Development Zoning District. Planning Director Hitt presented the proposed zoning-level changes to the Conditional Use Permit (CUP). This is to redefine allowable uses in Parcel C, facilitating donation of property to Real Life Church for parks and green spaces and re-allocating the allowable residential units to remaining Section C. Applicant, John Percy was present and in agreement with the conditions in the DRI and CUP. He clarified meeting with the neighbors and came up with a summary of issues reviewed. They are committed to working to resolve any issues. Mayor Turville opened the public hearing. The fallowing expressed concern with the proposal: Catherine Bohusz, 2450 View Ridge Way; Denny Fjerestad, 2714 Eagle Lake Drive; Rich Gapin, 2690 Eagle Lake Drive; and Jim Purvis, 4206 Hammersmith Drive. The following spoke in support of the proposal: Craig Mathis, 1763 Nature Cove Way; Steve Smith, 1323 Briarhaven bane; Bill Findley, 1397 W. Lakeshare Dr.; and Jim Lively 11610 Chantilly Court. Mark Montemayor, 1375 Briarhaven Lane, Executive Pastor, was present on behalf of Real Life Christian Church in support of the project and was available for questions. Mayor Turville closed the public hearing. City Manager Saunders reviewed the process. This is the first step to amend the averall CUP far the development. The developer will have to return to Council with a plan. At that time, Council would have the apportunity to address specifics of the plan. The church would also have to come before the Council with a detailed plan. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2010 The Council expressed concerns with the proposal and agreed to have the applicant return with a development plan before maving forward with the request. Council Member Goodgame moved to table to March 23 for both items• seconded by Council Member Mullins. The motion passed with all members present voting"aye" NEW BUSINESS Spray field Prolrerty City Manager Saunders reported the contract between the City and Lake County for the purchase of the spray field property provided for a due diligence period expiring on February 8. The adjacent property is being offered to bake County at a lower cost. The Interim County Manager recommended the Commission allow the contract with the City to lapse and not execute the contract. The County Commission agreed to extend the contract for b0 days to give their staff an opportunity to meet with City Council and staff. City staff did execute a 60 day extension so the contract would not lapse on February $. The Council is being asked to decide whether to reaffirm the contract extension or not to ex€end it. Council Member Hogan moved for approval of a b0 day extension• seconded by Council Member Good~ame. The motion passed with all members present voting "aye" Ordinance N©. 2~I0-02C Introduction Mayor Turville read Ordinance 2010-02C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 46, "Pensions and Retirement", Article V, Divisions 1 and 2 of the City Code by amending section 4b-203, "Board of Trustees" to delete the requirement a City Council Member shall be an appointed member of the Police Officers Retirement Plan Board of Trustees and amending section 4b-253, "Board of Trustees" to delete the requirement that a City Council Member shall be an appointed member of the Firefighters Retirement Flan Board of Trustees, providing for codification, severability, conflict, and effective date. Council Member Mullins moved for introduction of Ordinance 2010-02C• seconded by Council Member Thompson. The motion passed with all members present voting^aye" Ordinance moo. 20I fI-02 M Introduction Mayor Turville read Ordinance 2010-02M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; severability; recording and for publication. Council Member Mullins moved for introduction of Ordinance 2010-02M• seconded by Council Member Thompson. The motion passed with all members present voting; "ate City of Clermont MINUTES REGULAR COUNCIL MEETING February 9, 2010 ~rdinan.ce Na. 2fJ10-1I31V1Introduction Mayor Turville read Ordinance 2010-03M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an effective date; severability; recording and publication. Council Member Mullins moved for introduction of Ordinance 2010-03M~ seconded by Council Member Goodgame. The motion passed wish all members present votin~"a_ Council Member Thompson asked for an update on the Kings Ridge Publix loading dock situation. Assistant City Manager Gray noted staff mailed a letter to Publix signed by Mayor Turville. Mr. Gray met with the Manager of Kings Ridge Publix, Jim DuMond. He is working with the distributors and the Lakeland office to have no deliveries between the hours of 10:00pm to 7;OOam. It will take a few weeks for it to happen due to existing scheduling. City Manager Saunders commented there may be a situation of trucks not associated with the center making deliveries to other areas in the city and are pulling in that area to park during the night. Mr. Saunders has asked the Police Department to check on that situation. ADJOURN: With no further comments, this meeting was adjourned at S:SZpm. ~ /~.~ w ~` ~ F _ ~a ^~. ~-. RO 44F4 ~ h^0.n '\.pAy.A~.MeR? ATTES 'Tracy Ackroyd, City Cler APPROVED: S. Turville, Mayor 6 MEMORANDUM TO: Wayne Saunders, City Manager FROM: Joe Van Zile, Administrative Services Directgr~ DATE: January 29, 2010 RE: Surplus Equipment ^rra a ararara^ararrarrarararrar^rar~^rrraraa^aarrraaaar~ararrrrrrar.arrar~ Attached is a listing.of computer rela#ed equ.ipment requested to be declared surplus by the City Council. All items can no longer be used, due to repair or obsolescence issues. ~Serviceabie parts have been removed for future use where applicable. AIf items will be taken to a public auction for sale. Please schedule for City Council approval. `t t-~ Surpius Equipment Listing Sheet No. 2 of 5 Date January 29, 2010 Performed By Department Administrative Services Serial Number Item Description Quantity Location Computers 47mm519184 A7N8X - E 1 None Asus P-4B 1 29ZGOL4291 P4 B533 1 7C3ZQ21 Power Edge 1600 SC 1 6C3ZQ21 Power Edge 1 2C3ZQ21 Power Edge 1 CF3ZQ21 Power Edge 1 None Asus P-4B 1 None Asus P-3B-F 1 None Asus P-3B-F 1 None Asus P-3B-F 1 None Asus P-3B-F 1 None Asus P-3B-F 1 None Asus P-3B-F 1 None Asus P-2B 1 47MM857015 A7N8X 1.09Ghz Athlon 1 43MM 4U7$90 A7N8X 1.09Ghz Athlon 1 44ZM127383 Asus K8VSE Deluxe 1 3AZM118973 A7N8X 2.16 GHz 1 0034785248 Gateway 1 None Asus P-4B 1 None Asus P-4B 1 47MM856984 A7N8X 1.09Ghz Athlon 1 0469 Exacom System Pentium 1 CN-0J40201296153C Del) Latitude D810 1 None Asus P-4B 1 Signature Surplus Equipment Listing Sheet No. 4 of 5 Date January 29, 2010 Performed By Department Administrative Services Serial Number Item Description Quantity Location Miscellaneous Equip. 8100002329 Super Print 1 8100002329 AS0250111627 Smart UPS 1500 1 ASa250111627 Miscellaneous Mice Miscellaneous Cables Miscellaneous Keyboards D501235000955 D-Link Camera 1 213832 Laniec LCR-5 1 88806526323 Cisco Pix 515E 1 7PW17725B800 3Com Switch 1 7PWOZ6F08800 3Com Switch 1 7PWOZ6F08800 S02156100505974 Ethernet Power Source 1 7PW2A89BB580 3Com Switch 1 104366430002534 Ethernet Power Source 1 SU1400RMXL3U Smart UPS 1400 XL 1 D501235000956 D-Link Camera 1 D501235000956 521331254 NBX 100 Phone System 1 521331254 Various NBX 100 Phones 16 Various PB0304222700 APC-650 1 PB0304222700 YS0305210364 APC- SU2200 1 signature Memorandum TO: Wayne Saunders, City Manager FROM: Preston Davis, Public Services Director ~D DATE: Revised December 30, 2009 SUBJECT: Declare listed vehicles as surplus and send to public auction. Vehicle Number Year/Make/Model VIN Number 5234 1996/Chewy/S 10 Truck 1 GCCS 144778200129 5220 1990/Ford Ranger 4x4/Truck 1FTCRl 1T6LUB21503 1113 2000/ Dodge Ram/Truck 1B7HF16Y4Y5626381 5215 1997/Chevrolet S 10/Ti-uck 1 GCCS 144OVK23~453 X219 1979/Ford Stake/Dump F700 F61CL7EE1762 with Mounted Lift Moore Model 5000 Crane .b~J C.