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04-13-2010 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 The Clermont City Council met in a regular meeting on Tuesday, April 13, 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, 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 gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of March 23, 2010. Council Member Goodgame moved for approval of the March 23 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". PUBLIC COMMENTS Wally Herda commented he would be on the next Council meeting agenda regarding Progress Energy. He requested the City Council view the site located at Hampton and Highland. Nancy Fullerton, 368 Montrose Street, was present on behalf of District 2 Lake County Water Authority Board of Trustee Members and for the Board of Directors of Alliance to Protect Water Resources. Ms. Fullerton presented a status report of the Hooks Street stormwater project and expressed concerns. Mayor Turville requested staff place this item on the next Council meeting agenda. Staff disagreed with statements within the report and will return to Council with a timeline. Cheryl Fishel thanked the City of Clermont for the support of the Pig on the Pond events especially David VanDever, the Fire Department and the Police Department. Ann Dupee requested the city pursue obtaining a variance to open Jaycee Beach. She also requested signage to bring people into Downtown Clermont. Rodney Lyons, 814 Carroll Street, expressed concern with Sparkling Water Lake and questioned whether the city could be cited for a potential code violation. Jim Purvis also expressed concern with the maintenance of city property. City Manager Saunders responded that weeds in a wetland area are not a violation of the code and noted it was cleaned up. Mayor Turville stated staff requested tabling the Variance Request for Khadra Enterprise. Council Member Goodgame moved to table the item to the next meeting; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". 1 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 REPORTS City Manager Saunders scheduled a workshop to be held on Wednesday, May 12 at 6pm. Police Chief Graham reported on the recent noise incident behind the Kings Ridge Plaza as requested by Council Member Thompson. City Attorney Mantzaris — No Report Assistant City Manager Gray — No Report Council Member Hogan — No Report Council Member Goodgame requested an update of the status of Hancock Road. The 2011 US synchronized swimming junior championships have been awarded to the National Training Center. Council Member Mullins reported the Annual Art Walk and Chalk Art competition will be held on April 24 along with a tree and plant sale in Downtown Clermont. Council Member Thompson requested discussion of Jaycee Beach on the next workshop. Council Member Thompson and Goodgame expressed disappointment in regards to the City Council as a group lacking unity at the joint meeting with Lake County. 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 Request use of Waterfront Park on Sunday June Max's House Inc. 20 for a Dog Show Competition event Item No. 2 - Event Request Request reduced fees for use of Hancock Park Clermont Girls Softball League Softball Fields to host a NSA Softball Tournament on May 22 and 23` Item No. 3 - Grant Opportunity Request authorization to seek a grant from the Land and Water Conservation Fund for the development of the Inland Groves property Item No. 4 - Contract Approval Request approval of a contract with Shelley's Utilities Department Environmental Systems for the treatment and disposal of bio- solids from the City's Wastewater Treatment plants Item No. 5 - Change Order No.1 Request approval of Change Order No.1 for a Utilities Department reduction of $171,669.60 and an extended completion date from Encore Construction for the West Side WRF Modification project 2 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 Item No. 6 - Proposal /Agreement Request approval of a proposal from Besh Inc. Engineering Department in the amount of $35,931.00 for design, permitting and construction administration for the Waterfront Pavilion Site and Third Street project Item No. 7 - Change Order No. 1 Request approval of a proposal from Besh Inc. in Engineering Department the amount $19,620.00 for design, permitting and construction administration of the Bowman Street Drainage Improvements project. Item No. 8 - Impact Fee Refund Request Request to refund Clermont GC, LLC $3,282.00 Engineering Department for costs to upsize the water main related to the construction of the Golden Corral Restaurant Item No. 9 - Quote Approval Request approval of a quote from South Lake Engineering Department Irrigation in the amount of $5,384.75 for the Cemetery Landscape and Hardscape Project Item No. 10 - Change Order No. 2 Request approval of Change Order No. 2 in the Engineering Department amount of $29,419.26 from Marbek Construction Item No. 11— Purchase Approval Police Dept. Request authorization to purchase a patrol vehicle. Wally Herda requested pulling Item 11; Jim Purvis pulled Item 4; and Council Member Mullins pulled Items 1 and 2 for discussion. Council Member Goodgame moved that items 3, 5, 6, 7, 8, 9 and 10 of the consent agenda be approved as submitted: seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Council Member Mullins — Item 1 — requested to give them permission if they would like to work with the Downtown Partnership and hold their event at the 8"' Street Pier. Council Member Mullins moved to approve to amend the request to offer them a choice; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Council Member Mullins - Item 2 — expressed disappointment with the county since they are no longer planning to build a park in south Lake County. Council Member Mullins moved for acceptance of Item 2; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Jim Purvis, 4206 Hammersmith Drive - Item 4 — requested Council not renew the contract due to events that occurred over Easter weekend in regards to a sludge spill. 3 City o f Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 City Engineer Richardson noted this was an isolated incident. Shelley's has been the city's sludge hauler for years and has done an excellent job. City Manager Saunders explained this contractor hauls sludge and had nothing to do with the incident. Council Member Goodgame understood the truck had a spill. Staff was not aware of a truck spill. Council Member Goodgame requested a report from staff. Council Member Goodgame moved to table item 4 until the next meeting; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Wally Herda — Item 11 — questioned the Police Department request for a new vehicle. City Manager Saunders commented the Council approved a re- organization in the Police Department which included 2 Lieutenant Positions. One additional car is needed for the added Lieutenant position. The officers do not take home cars. Council Member Goodgame moved approval of Item 11 in the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". UNFINISHED BUSINESS Ordinance No. 2010 -04C Final Hearing Mayor Turville read Ordinance 2010 -04C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 86, "Administration ", by creating new article VIII "Non- Conforming Due to Eminent Domain ", providing for severability; conflict; codification; and effective date. Jim Hitt, Planning and Zoning Director, presented the ordinance. This item was tabled at the last Council meeting in order to address concerns of the property owners. City staff and City Attorney Mantzaris have made several changes to address those concerns and allow for the encumbrance of negotiated cure plans to be used. Planning and Zoning Director Hitt reviewed the proposed revisions. City staff and the City Attorney recommended approval as presented. Mayor Turville opened the public hearing. Steven Tibano, Esq., representing McDonald's Corporation, suggested several amendments to the proposed Ordinance. Mayor Turville closed the public hearing. City Attorney Mantzaris commented he and staff considered all of the comments. Staff and Council agreed on additional amendments to the ordinance. Council Member Goodgame moved that Ordinance 2010 -04C be approved as amended; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 NEW BUSINESS Resolution No. 2010 -06 Mayor Turville read Resolution 2010 -06 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, temporarily providing that impact fees may be paid at a date later than the issuance of a building permit; providing for conflict; effective date; and automatic sunset date. City Manager Saunders stated this proposed Resolution for a temporary time to allow any project to pay impact fees at time of the Certificate of Occupancy. It has a sunset of one (1) year unless Council wants to review it after the first year. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the approval of Resolution 2010 -06; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Code Enforcement Lien Planning and Zoning Director Hitt reported on the property lien owned by Marie Fields. This is a request to foreclosure on a property from a Code Enforcement case. The property is located on Lake Avenue on the south side of Lake Dot and adjacent to City property. The building on the site appears to straddle the property line, which will not allow the non conforming structure to be used. The shape of the property and required setbacks is the reason the remaining portion would restrict any building and required parking and require multiple variances in order to build. The case regarding unlawful maintenance of nuisances was originally heard by the Code Enforcement Board on May 16, 2007 and was found guilty with compliance set for June 19, 2007 or a fine of $150 per day would accrue. The board issued an Order Imposing Administrative Lien on August 21, 2007. The board recommended foreclosure on the property on November 18, 2008. From June 19, 2007 to April 13, 2010 a total of 1,029 days have accrued a fine at $150 per day of $153,350. There has been no effort by the heirs to correct the current issues. Mayor Turville opened the public hearing. City Attorney Mantzaris pointed out this has been a continuing case since 2007. The property owners identified are the heirs of Marie Fields. The respondents have not been responsive therefore the city is taking the next step. Steven Trowbridge, 1226 Shorecrest Circle, expressed a willingness to work with the city to rehabilitate the existing property and requested Council not to consider foreclosure. Jim Purvis requested the Council move forward with this property as recommended by the Code Enforcement Board. City Manager Saunders noted staff believes it would be difficult to meet our codes and recommended moving forward with foreclosure. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 Council Member Goodgame made a motion to move forward with foreclosure and do not want to see it torn down or sold until it returns to Council; Council Member Mullins seconded the motion for discussion. Council Member Mullins expressed concern with the request from Mr. Trowbridge. Mr. Trowbridge noted the survey is conflicting in reference to property lines and provided it to Council. Planning and Zoning Director Hitt explained the setbacks would still adhere whether it is residential or commercial. It is an abandoned structure and loses any non conforming status and has to meet code requirements. Any redevelopment has to meet code otherwise apply for multiple variances. City Attorney Mantzaris stated the legal obligation of starting the code enforcement process was to file a notice for the Code Enforcement Board to the address listed on the Property Appraisers record for the property. Staff sent the notice to the heirs at the location in Marietta, Georgia as described in the Property Appraisers records. If Council does authorize foreclosure, staff will have to serve a foreclosure complaint on the owners then they will have an opportunity to return to the Code Enforcement Board. Mr. Trowbridge reiterated his request to Council. Council Member Thompson further explained once a property has been abandoned for more than six months, it becomes a non conforming use. Then, the property has to be brought into compliance. Council Member Mullins suggested Council table the item and allow Mr. Trowbridge time to determine the real property line and meet with Planning and Zoning Director Hitt then return to Council. Council Member Goodgame withdrew the motion; Council Member Mullins withdrew the second to the motion. Council Member Mullins moved to table to determine the real property line and what can be done with this property for 30 days; City Manager Saunders asked for Council direction that in the event the City Council does not foreclose then what amount will the Council accept as far as a payoff of the lien. Staff recommendation would be fair market value of the property because if Council does foreclose, the city would have the opportunity to sale the property for fair market value or use it for a city use. Council Member Goodgame seconded the motion for 30 days. The motion passed with all members present voting "aye ". Employee Life Insurance Administrative Services Director Van Zile stated the current year budget provides for city paid life insurance for all employees to be reduced from 1.5 times the employee's annual salary to 1 times the salary. The Police Officers union has filed a grievance claiming the city did not have the right to reduce this value without going through the collective bargaining process. Staff reviewed the grievance, talked with the union and staff agrees the city did not have the right to reduce that value for the unionized employees, therefore needs to be restored back to the 1.5 times the annual salary. In addition, staff is recommending the life insurance be restored to 1.5 times the annual salary for all non union employees. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING April 13, 2010 The cost total cost will be $4,100 and of that amount the non union portion is $2,600. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance of employee's life insurance as presented; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Council Appointment City Manager Saunders reported on the board appointments. Staff is recommending the reappointment of Harold Cummings to the Police Officers Pension Board and Frank Maglione for the Fire Fighters Pension Board. Administrative Services Director Van Zile received a letter of interest from Sy Holzman and William Palase in serving on the Fire Fighters Pension Board. City Manager Saunders recommended the Council appoint Mr. Cummings to the Police Board and Mr. Holzman and Mr. Maglione to the Fire Board. Staff will continue to advertise for the 1 vacancy on the Police Board. Council Member Goodgame moved to appoint Harold Cummings to the Police Board, Mr. Frank Maglione to the Fire Fighters Board and Mr. Sy Holzman to the Fire Fighters Board; seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Furthermore, City Manager Saunders reported on the Planning and Zoning Board vacancy. Raymond Loyko previously served on this board and has asked to be considered for this opening. Council Member Hogan so moved; seconded by Council Member Goodgame. Jim Purvis noted a vacancy on the Code Enforcement Board; City Manager Saunders confirmed it has been advertised. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 9:15pm. APPROVED: rold�. Turville, Mayor ATTEST: / 0 Tracy Ack oyd, City Cle 7