11-30-2010 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
The Clermont City Council met in a regular meeting on Tuesday, November 30, 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 and Goodgame. Other City officials present were City
Manager Saunders, City Attorney Mantzans and City Clerk Ackroyd
Mayor Turville acknowledged Tod Howard, School Board representative, was present.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance
Mayor Turville announced Council Members Hogan and VanWagner could not be present.
MINUTES
Council meeting minutes of October 26, 2010
Council Member Goodgame moved to approve the October 26, 2010 meeting minutes;
seconded by Council Member Mullins. The motion passed with all members present
voting "aye"
PUBLIC COMMENTS
Wally Herda expressed concern with the tree tnmmers contracted by Progress Energy. Curt Henschel is
handling this situation.
Cuqui Whitehead, 837 5 Street, invited everyone to the Light Up Clermont event this weekend.
REPORTS
City Manager Saunders announced the Light Up Clermont event begins on Fnday at 6:30pm and on
Saturday will be the Christmas parade and crafters on Montrose Street.
City Attorney Mantzans — No Report
Council Member Goodgame announced the Lions Club will have a Spaghetti droner from 11 am to 6pm
on Saturday He inquired about the status of the sign ordinance.
City Attorney Mantzaris responded the sign ordinance is currently being worked on by his office as well
as the legal counsel lured by the city's insurance earner with regard to the Bee's Auto litigation. He
anticipates having it ready for Council in January.
Council Member Mullins inquired about cancelling the second Council meeting in December. City
Manager Saunders noted staff has not planned any agenda items for that meeting.
Council Member Goodgame moved to hold one meeting in December on December 14;
seconded by Council Member Mullins
Mayor Turville opened the public heanng. There were no comments
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
Mayor Turville closed the public hearing.
Mayor Turville stated if we have any pressing business, the Council will meet.
The motion passed with all members present voting "aye ".
Council Member Mullins questioned an accident occurring on Highway 50 and East Avenue. Police Chief
Graham reported he has no information the lights were in conflict.
Mayor Turville — No Report
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 from Christian Men in Action to host
Christian Men in Action their Annual Christmas Eve Block Party at the
corner of Scott Street and Juniata Street
Item No. 2 — Purchase Approval Request authorization to purchase 4 marked
Police Department vehicles in the amount of $91,016.00 from the
Florida's Sheriff Association contract
Item No. 3 — Agreement Approval Request authonzation for the City to enter
into an Interruptible Agreement with Sumter
Electnc Cooperative Inc.
Item No. 4 — Impact Fee Reimbursement Request to refund Water Impact Fees in the
Engineering Department amount of $14,450.36 to Clermont Land
Development
Item No. S — Agreement Renewal Request one year renewal of contract with
Public Services Department H &H Cleamng Services which provides
janitorial services for city buildings
Item No. 6 - Resolution No. 2010 -27 Amend the 2009 -2010 Fiscal Year Budget
Administrative Services Department
Jim Purvis pulled item 6 of the consent agenda
Council Member Goodgame commented on item 3 of the consent agenda. He commended staff on this
proposed agreement with Progress Energy to save the city $70,000 per year.
Council Member Mullins moved to accept consent items 1 through 5; seconded by
Council Member Goodgame. The motion passed with all members present voting "aye ".
Jim Purvis asked for clarification on the amendment.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
Admimstrative Services Director Van Zile stated in accordance with Florida Statutes, we are required to
process any budget amendments within 60 days of the end of the fiscal year. These amendments are
actions to amend the budget formally.
Council Member Mullins moved acceptance of item 6 of the consent agenda; seconded
by Council Member Goodgame. The motion passed with all members present voting
"ale".
UNFINISHED BUSINESS
Mayor Turville advised the next two items would be heard together and voted on separately.
Item No. 7 Ordinance No. 2010 -27M Final Hearing
Mayor Turville read Ordinance 2010 -27M aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,
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.
Item No. 8 Ordinance No. 2010- 28M Final Hearing
Mayor Turville read Ordinance 2010 -28M aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Flonda,
adopting the Small Scale Comprehensive Plan Amendment for the City of Clermont,
Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163,
Part II, 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
Planner Hollerand reported on the two requests for an annexation and small -scale comprehensive plan
amendment for the Jayne property.
The vacant 9 63 -acre property is north of S.R. 50, west of Sandhill View Boulevard and east of Grand
Highway. The joint owners and applicants are the Victona Jayne James Trust and the William Henry
Jayne Trust.
The request is for annexation and for a small -scale comprehensive plan amendment to change the Future
Land Use from Lake County Urban to Commercial in the City. The property currently has Agriculture
zoning in Lake County
The subject property is contiguous to the City on its northern, eastern and western sides. It is directly
south of South Lake Forest subdivision, a part of the Jack's Lake Planned Unit Development. To the
south is vacant commercial property in Lake County
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
Last November, the owners requested annexation and a small -scale comprehensive plan amendment for
City Commercial future land use for their adjacent 9.9 -acre property to the east. Those requests were
approved by the City Council, and it was made known that the owners would be requesting annexation
and a City future land use for the remaining property at a future time A small wetlands tract under the
same ownership will not be annexed at this time and will remain in Lake County. This remaining tract
will be annexed and assigned a City future land use at a later date The property will then be developed as
a unified parcel The site is well served by the transportation network with a signalized intersection at
S.R. 50 and Sandhill View Boulevard.
Development plans are not finalized at this time and a request for rezoning has not been made. The
owners' intent is to sell the property to developers that will submit a site plan for review and apply for
commercial zoning at a later date. Upon annexation, the property would receive Urban Estate zoning. The
property is within the City's Joint Planning Area and is contiguous to the City on three sides.
Annexations of infill properties are consistent with the Goals, Objectives and Policies of the
Comprehensive Plan.
Staff recommended approval of the annexation and approval of the Future Land Use Map change. At the
Planning and Zoning Commission meeting on November 2, the Commission voted unanimously to
recommend approval of the small -scale comprehensive plan amendment change.
Cas Suvongse, Consultant representing the owner, was present and available for questions. There was a
neighborhood meeting held three months ago with 28 people attending. One question staff asked them to
address to the neighborhood was regarding Brentwood Dnve. The question was asked if we would like to
see it as access to our property to State Road 50. That question was asked of the neighborhood and
unanimously no one wanted it. From the owner stand point, they do not want it either.
Mayor Turville opened the public heanng There were no comments. Mayor Turville closed the public
heanng.
Council Member Mullins moved to adopt Ordinance 2010 -27 -M, seconded by Council
Member Goodgame The motion passed 3 to 0 on a roll call vote with all members
present voting "aye ".
Council Member Mullins moved to adopt Ordinance 2010 -28 -M: seconded by Council
Member Goodgame The motion passed 3 to 0 on a roll call vote with all members
present voting "aye ".
NEW BUSINESS
Item No. 9 Lien Forgiveness
City Attorney Mantzans presented the lien forgiveness request. This is an ongoing Code Enforcement
matter regarding 847 Disston Avenue heard by the Council on October 26. The Council entered into an
agreement with the prospective buyer to forgive the Code Enforcement lien that had accrued on the
property provided that $1,000 would be paid to the city and the property would be brought into
compliance within 60 days of closing. Subsequent to the October 26 meeting, we were advised by the
closing agent that there was another lien with the city related to an unpaid water bill. Therefore, the
closing agent requested we return to the Council and request waiving that lien. The status is the property
has closed in escrow This is a request to waive a utility hen in the amount of $1,665 19.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
This house has been vacant since a fire in 2002. The accrued charges are the minimum monthly charges
although the property has not been occupied.
Mayor Turville opened the public heanng.
Cuqui Whitehead, 837 5 Street, asked if this home will be leveled.
City Attorney Mantzans clarified the purchaser attended the October 26 meeting and his intentions were
to rehabilitate the house.
Mayor Turville closed the public hearing
Council Member Goodgame moved to approve the hen forgiveness of $1,665.19 on the
property located at 847 Disston Avenue: seconded by Council Member Mullins The
motion passed with all members present voting "aye ".
Item No. 10 Lien Process
City Attorney Mantzans reported he and Planning Director Hitt have been working with the Code
Enforcement Board to expedite the Code Enforcement process With the current status of foreclosures,
the code enforcement process has been hindered due to the timing of fines and creation of hens. He
reviewed methods with the Code Enforcement Board to accelerate the hen point of the process The
current process requires two heanngs before the Code Enforcement Board. Mr. Mantzaris proposed the
Code Enforcement Board, at the time it fines a violation, give the authonty for a lien to be created
immediately upon a fine accrumg with a stipulation that the respondent will have an opportunity to return
to the Code Enforcement Board before the hen is recorded and challenge whether their property is in
compliance. That is a process the Code Enforcement Board can decide.
Currently, the City Council has the authonty to forgive a hen Mr. Mantzans suggested the City Council
delegate authority to reduce hens created by the Code Enforcement Board to the Code Enforcement
Board. A proposed process has been prepared by which a respondent who has a hen would not have to
come before Council The respondent would come before the Code Enforcement Board to hear their
request and make a determination of whether the lien is reduced Conditions will be placed on the
proposed policy presented. The Code Enforcement Board would have restrictions on its authonty. Mr.
Mantzans reviewed the proposed restrictions. Council was asked to make a limited delegation of
authority to the Code Enforcement Board and establish the process. It is a legal nght belonging to the City
Council therefore formal action is required to delegate. This was presented to the Code Enforcement
Board and they were supportive of the process.
Mayor Turville opened the public heanng
Jim Purvis, 4206 Hammersmith Drive, spoke as chairperson of the Code Enforcement Board. The board
supported the proposal as presented.
The Council expressed concern with the proposed process and suggested tabling for further discussion at
a workshop with the full Council in attendance
Tod Howard, 1674 Bowman Street, voiced concern with placing the hen power with the Code
Enforcement Board
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 30, 2010
Mayor Turville closed the public heanng
Council Member Goodgame moved to table to the January workshop: seconded by
Council Member Mullins. The motion passed with all members present voting "aye"
ADJOURN: With no further comments, this meeting was adjourned at 7:57pm
APPROVED:
f
Harold S. Turville, Mayor
,ate _
ATTEST:
i ,•
Tracy Ackroyd, City Cler'
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