05-11-2010 Regular Meeting ■
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 2010
The Clermont City Council met in a regular meeting on Tuesday, May 11, 2010 in the Council Chambers
at City Hall. Mayor 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 Goodgame gave the invocation followed by the Pledge of Allegiance.
MINUTES
Council meeting minutes of April 27, 2010.
Council Member Goodgame moved for the approval of the April 27, 2010 minutes as
written; seconded by Council Member Mullins. The motion passed with all members
present voting "aye ".
PROCLAMATION
Mayor Turville read the Election Proclamation aloud declaring an election for Group I, III and V.
PRESENTATION
The students of Cypress Elementary School gave a presentation on the Quilts to Books project. It is a
service learning project benefitting teachers in the Gulf Coast region by replenishing classroom libraries
destroyed by Hurricane Katrina.
PUBLIC COMMENTS
Wally Herda commented on the Progress Energy power station. Mayor Turville requested staff to
research what is allowed and will place on a future agenda.
Jim Purvis expressed road safety concerns with the revamping of Highway 27 driveway entrance to
Celebration of Praise church. Mayor Turville asked staff to determine why the road was configured in
that manner.
Mayor Turville reported on proposed amendments to the agenda. Item No. 6 Ordinance 2010 -05M; Item
No. 7 Ordinance 2010 -06M; Item No. 8 Ordinance 2010 -07M; and Item No. 9 Ordinance 2010 -08M have
requested to be tabled to May 25, 2010.
Council Member Goodgame moved that Items 6, 7, 8 and 9 be tabled to May 25;
seconded by Council Member Mullins. The motion passed with all members present
voting "aye ".
REPORTS
City Manager Saunders scheduled a Council Workshop on May 18 at 6:00 pm. An additional workshop
will be scheduled for the firms to present their proposals to Council for the branding project.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 2010
City Manager Saunders distributed proposed Resolution 2010 -10 to Council. This issue surfaced after the
agenda was published. Staff requested Council consider this Resolution at this meeting because it is time
sensitive. Groveland is now requesting an Inter -local Service Boundary Agreement with Lake County
however we were not invited to be a participant. The law provides a way for us to approve a Resolution to
participate. Staff believes this would be beneficial and requested the Council adopt this Resolution to
participate.
Mayor Turville read Resolution 2010 -10 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
responding as an uninvited municipality within Lake County to the initiating Resolution
adopted by the City of Groveland pursuant to section 171.203 Florida Statutes for
negotiating an Interlocal Service Boundary Agreement and requesting to participate in
the negotiations between the City of Groveland, Lake County, the City of Mascotte, the
Town of Howey -in- the - Hills, the City of Minneola and City of Leesburg; providing for
recordation; providing for an effective date.
Council Member Hogan moved for the adoption of Resolution 2010 -10; seconded by
Council Member Goodgame. The motion passed with all members present voting "aye ".
City Attorney Mantzaris reported on the City's involvement concerning the ongoing litigation with Bee's
Auto. He requested meeting with the City Council in a closed meeting session to discuss the potential
settlement. The Council can meet in a non public meeting. The closed meeting session has been scheduled
for 6:30 pm on May 25. A court reporter will be present.
Assistant City Manager Gray — No Report
Council Member Hogan — No Report
Council Member Goodgame expressed concern with smoking around Historic Village and requested the
Council make the Historic Village smoke free.
Council Member Goodgame moved to make Historic Village smoke free.
Mayor Turville expressed preference to agenda this item. Council Member Mullins suggested approving
it to be temporarily non smoking and then place on an agenda.
City Attorney Mantzaris stated the Historical Society is operating under an agreement with the City. The
Council can give temporary authority to the Historical Society to put in place a temporary non smoking
provision while Council decides on enforcement.
Council Member Goodgame moved for temporary non smoking privileges until Council
can act on a full smoking prohibition; seconded by Council Member Mullins. The motion
passed with all members present voting "aye ".
Council Member Goodgame reported the Lake County Tourism Board event on Friday, May 14 on Hwy.
27 from 10:00 am — 2 :00 pm. Also, Dianne Garvis is hosting an event on May 15 at Gators Dockside.
They will be selling desserts with proceeds going to feed the needy.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 2010
Council Member Mullins reported Lobbyist Bob Levy will be speaking to the Kiwanis Club of South
Lake at Sanctuary Ridge.
Council Member Thompson — No Report
Mayor Turville received a letter and read it into the record. It is from a Lake County citizen concerned
with the lack of sidewalks and requested a crossing guard. Mayor Turville noted this is within Lake
County's jurisdiction and suggested drafting a letter in support of the request.
Council Member Mullins moved to have staff draft a letter of support for the Mayor's
signature; seconded by Council Member Goodgame. 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 Request use of McKinney Park for a Free Lunch
Family Matters Program, Inc. Program, June 11` — August 20"' for children in
the Clermont Community
Item No. 2 — Agreement Renewal Request authorization to renew the Service
Utilities Department Agreement with ITT /Flygt for maintenance on
the City's Lift Station pumps
Council Member Goodgame commented on Item 1 and encouraged approval.
Council Member Goodgame moved for adoption of Item 1; seconded by Council
Member Mullins. The motion passed with all members present voting "aye ".
Mayor Turville inquired about bidding out the contract in Item 2. City Manager Saunders noted the
contract can be extended for as long as Council wants to. Staff routinely reviews contracts and finds it to
be beneficial to extend most of the older contracts as the pricing is better.
Council Member Hogan moved for approval of Item No. 2 of the consent agenda;
seconded by Council Member Thompson. The motion passed with all members present
voting "aye ".
City Manager Saunders noted the City standardizes all of the pumps in the various lift station. This
company is the factory representative for this area. There could be potential problems if we use a different
service representative.
UNFINISHED BUSINESS
Item No. 3 - Variance Request Khadra Enterprises
Curt Henschel, Planner, presented the request. Staff recommended denial of the variance requests to allow
the building to encroach into the landscape buffer. Staff offered possible solutions.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 2010
Jimmy Crawford, Esq., represented the applicant. This is a surgical center under a long term lease with
South Lake Hospital. Mr. Crawford reviewed the findings and requested Council approval.
Mayor Turville opened the public hearing.
Dr. David Lucas is part owner of the building next door. He supported the request however expressed
concern with the discrepancy of the setbacks of the two buildings.
Jim Purvis commented on the request.
Mayor Turville closed the public hearing.
Council expressed concern with the discrepancy and asked staff to research.
Council Member Thompson moved to approve the variance request for Khadra
Enterprises for both variances; seconded by Council Member Mullins. The motion passed
with all members present voting "aye ".
Mayor Turville apologized to Dr. Lucas on behalf of the Council.
Item No. 4 - Variance Request Jimmy Crawford
Curt Henschel, Planner, presented the variance request. Staff recommended denial of the variance request
for a high rise sign within 1,000 feet of residential property.
Applicant, Jimmy Crawford, Esq., was present. He provided additional information in reference to the
negative findings.
Mayor Turville opened the Public Hearing.
Jim Purvis spoke in support.
Mayor Turville closed the Public Hearing.
Council Member Mullins commented he would support the sign if the lights on the sign were turned off
by 10:00 pm or a reasonable time. Council Member Thompson concurred with the suggestion.
Council Member Thompson moved to approve Item No. 4 variance request for Boyette,
Cummins and Nailos with a 10:00 pm turn off time; seconded by Council Member
Hogan. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins
opposing.
Item No. 5 - Code Enforcement Lien
Jim Hitt, Planning and Zoning Director, reported this item was tabled for 30 days. This is a request to
foreclosure on a property from a Code Enforcement case. The Code Enforcement Board and staff
recommended foreclosure.
Mayor Turville opened the public hearing. There were no comments.
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C t .:)f Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 200
Mayor Turville closed the public hearing.
Council Member Thompson moved to allow staff to move forward with foreclosure on
the property in Item No. 5; seconded by Council Member Mullins.
Under discussion, Mayor Twviile expressed concern with staff unable to contact the heirs. Planning and
Zoning Director Hitt noted numerous attempts were made. City Attorney Mantzaris commented this
property will require unique actions before this property is foreclosed upon. We will have to open up an
estate and publicize therefore there will be more efforts made to locate the heirs.
The motion passed with all members present voting "ave
NEW BUSINESS
Item No. 10 Ordinance No. 2010-09 M Introduction
Mayor Turville read Ordinance 2010 -09M aloud by title only.
An Ordinance of the City of Clermont, Florida, adopting the Small Scale Comprehensive
Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government
Comprehensive Planning Act, Chapter 163, Part ll, Florida Statutes; setting forth the
authority for adoption of the Small Scale Comprehensive Plan Amendment; setting forth
the purpose and intent of the Small Scale Comprehensive Plan Amendment; providing for
the adoption of the Small Scale Comprehensive Plan Amendment; establishing the legal
status of the Small Scale Comprehensive Plan Amendment; providing a severability
clause; and providing an effective date.
Council Member Goodgame moved to deny the introduction of Ordinance 2010 -09M;
seconded by Council Member Hogan.
Council Member Thompson expressed concern with not allowing the applicant the right to a public
hearing.
The motion failed 2 to 3 on a roll call vote with Council Members Thompson and Mullins
and Mayor Turville opposing.
Council Member Mullins moved to introduce Ordinance 2010 -09M; seconded by Council
Member Thompson. The motion passed 3 to 2 on a roll call vote with Council Members
Hogan and Goodgame opposing.
Item No. 11 - Advertisement Approval
Assistant City Manager Gray stated this publication is published bi- annually and it promotes the South
Lake County area. This will be a budget amendment.
Council Member Thompson declared a conflict of interest.
Mayor Turville opened the public hearing. There were no cornments.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
May 11, 2010
Mayor Turville closed the public hearing.
Council Member Goodgame moved for the approval of Item 11; seconded by Council
Member Mullins. The motion passed 4 to 0 with Council Member Thompson abstaining.
Item No. 12 - Council Appointment
City Manager Saunders stated the City received 4 letters of interest from the community to serve on the
Police Officers Pension Board of Trustees. Council Member Goodgame suggested staff re- advertise
before making an appointment.
Council Member Goodgame moved to re- advertise; seconded by Council Member
Thompson. The motion passed with all members present voting "aye ".
ADJOURN: With no further comments, this meeting was adjourned at 9:10pm.
APPROVED:
A I i i/ - ■eldi
- arold ' . Tu ille, Mayor
ATTEST:
, 4( 0
Tracy Ackroyd, City C1e"
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( FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME- MIDDLE NAME OF BOAR C COMMISSION, AUTHORITY, OR COMMITTEE
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i DATE ON WHICH VOTE OCCURRED MY POSITION IS:
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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 conflict 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 MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or Toss. 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 the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or toss of a relative; or
to the special private gain or Toss 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)