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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. 1 ■ 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. 2 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. 3 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. 4 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. 5 b 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" 6 ■ ( 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 hpf�Q Sc-,‘,( ` '∎jz obcc�" Q-' t �o LiC MAILING A DRES THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON �--;' `I� eni M ∎r\A € �,� -A �, WHICH I SERVE IS A UNIT OF: r �� - IF'-\ f COUN V1 In ❑ COUNTY O OTHER LOCAL AGENCY CITY C__ t C- /Y-\C) ( / (� NAME OF POLITICA} IVISION C j_ i o teX r0 -�— i DATE ON WHICH VOTE OCCURRED MY POSITION IS: r c `\ , '2o 1 U _ y. ELECTIVE 1 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 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)