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02-22-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 The Clermont City Council met in a regular meeting on Tuesday, February 22, 2011 in the Council Chambers at City Hall. Mayor Turville called the meetmg to order at 7:00 pm with the following Council Members present Council Members Mullins, Goodgame, Hogan and VanWagner. Other City officials present were City Manager Saunders, City Attorney Mantzans and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance MINUTES Council meeting minutes of February 8, 2011 Council Member Goodgame moved to approve the meeting minutes of February 8, 2011 as written: seconded by Council Member Mullins. The motion passed with all members present voting "aye" PUBLIC COMMENTS Wally Herda asked Council to send a thank you letter to Tom and Hope Lamb for the landscaping at 8 Street. Charlene Forth requested public records related to lawsuits against city police officers Mayor Turville announced the final hearing for Consery II has been delayed to March 22 PROCLAMATION Mayor Turville read aloud the proclamation declanng February 2011 to be Teen Dating Violence Awareness and Prevention Month. REPORTS City Manager Saunders provided an update on Jenkins Auditorium. Staff will proceed with repairs to make the building safe. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame reported the Metropolitan Planning Organization (MPO) will be meeting in the Council Chambers this Thursday at 2pm. He also reported on the tourism revenues. The Lake County Legislative Days are being held in Tallahassee this week. Council Member Mullins — No Report Council Member VanWagner expressed interest in attending the Lake County Days in Tallahassee next year. 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 an item pulled for discussion to please come forward at this time. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 Mayor Turville noted staff requested to pull items 6 and 7 on group insurance and disability from the consent agenda Item No. 1— Event Request Request use of Waterfront Park at 8 Street, Daughters of the American Revolution/ on May 30, 2011, for the annual Memonal Veterans of Foreign Wars /South Lake Marine Corp Day Observance Item No. 2 — Purchase Agreement — Extension Request approval of the extension of the Meters and Fixed Network Meter Reading Equipment pncing agreement with Neptune Technology Group and Sunstate Meter & Supply, Inc. Item No. 3 - Change Order #4 Request approval of Change Order #4 from Engineering Department BESH Engineenng in the amount of $5,040.00 to perform construction phase services for the Bowman Street Drainage Improvements project Item No. 4 — Contract Assignment Request authonzation to transfer the City's Engineering Department contract for continuing engineenng consultants services from AECOM USA, Inc. to AECOM Technical Services Inc Item No. 5 — Personnel Policy Request approval of changes to the Personnel Administrative Services Policy Item No. 6 — Group Medical Insurance Rates Request approval of changes to the Employees Group Medical Insurance Item No. 7 — Short/Long Term Disability Insurance Request approval of Employees Short Term and Long Term Disability Insurance Plan Agreement Item No. 8 — Purchase Approval Request authonzation to purchase a camera South Lake Historical Society surveillance system for the Histonc Village from Tiger Direct in the amount of $410.97 City Manager Saunders pulled item 1 for discussion Jim Purvis, 4206 Hammersmith Dnve, requested discussion of item 5 of the consent agenda Council Member Mullins moved to accept consent agenda items 2, 3, 4 and 8; seconded by Council Member Goodgame. The motion passed with all members present voting Item No. 1 — City Manager Saunders reported the requester has asked if the Council could approve the event to be held at the new Waterfront Pavilion. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 Council Member Goodgame moved that item 1 also include the language for the event to be held at the new pavilion; seconded by Council Member Mullins. The motion passed with all members present voting "aye" Item No. 5 — Jim Purvis, 4206 Hammersmith Dnve, expressed concern with the proposed Personnel Policy as it relates to Termination of Employment as presented to Council at the last workshop. City Manager Saunders noted the item in question has been removed from the policy as requested by Council. Council Member Goodgame expressed concern with the policy related to using a mobile phone while driving a city vehicle. He suggested providing an exemption to employees with a hands free mobile communications device Council Member Goodgame moved that individuals operating a vehicle with a mobile communications device within a city vehicle, if there is a blue tooth hands free device in the automobile, he /she should be allowed to do so; seconded by Council Member Hogan. Under discussion, Mayor Turville expressed opposition to the motion and agreed with the policy as wntten. Mayor Turville opened the public heanng. Jim Purvis noted this will be impossible to enforce. He questioned if employees will be subject to losing their job. City Manager Saunders clarified there is an exemption in the policy for Police and Fire. Administrative Services Director Van Zile noted in the discipline section, the first offense is a repnmand and is progressive discipline; the first offense will not automatically result in a job loss Mayor Turville closed the public heanng. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. City Attorney Mantzans clanfied the motion made by Council Member Goodgame amended section 2.030 and will need a motion to adopt the policy Council Member Goodgame so moved with the amendment; seconded by Council Member Hogan. The motion passed with all members present voting "ave ". UNFINISHED BUSINESS The next two items were heard together and voted on separately Item No. 9 - Resolution No. 2011 -01 First Baptist Church Mayor Turville read Resolution 2011 -01 aloud by title only. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a church recreational use in the R -1 Low Density Residential Zoning Distract. Item No. 10 - Variance Request First Baptist Church Planner Henschel presented the request. The applicant requested a Conditional Use Permit (CUP) to allow a church recreational use in the R -1 zoning distract. The First Baptist Church is proposing to construct one recreational ball field on its vacant 40 acre parcel. Construction of the field will only occupy a small portion of the 40 acre parcel. The parking for the field is proposed to be located along the northern property line, and a temporary port-a -potty with screening is also proposed After discussion at the July 27 Council meeting, staff and the applicant have proposed changes to the site to address the access and location of the ball field Access to Hartwood Marsh Road is still a major concern for safe accessibility. Proper access must also be approved by Lake County because Hartwood Marsh Road is a Lake County Road The recommendation of the Planning and Zoning Board was a 3 to 3 tie vote which is a recommendation of denial. Staff recommended approval of the request for a CUP to allow a church recreational use on this R -1 Low Density zoned parcel. Planner Henschel reviewed the three (3) variances requested. The vanances are to allow for a grass parking area rather than a paved parking area; to allow for the absence of landscaping matenals along property lines; and to eliminate the 300 square foot parking landscape terminal and internal islands. Mr Henschel reviewed the negative findings. There were three (3) negative findings therefore, staff recommended denial of the variance requests. If the grass parking is permitted, staff suggested the dnve isles be paved to minimize any stabilization issues associated with grass parking. Norman Cummins, Esq., was present to represent the First Baptist Church of Clermont. He requested Council approval of the CUP and vanances. He further clarified it is only for a two year period of time. Rick McCoy, Engineer, was present. He met with Lake County and city staff to discuss the intersection at Hancock Road and Hartwood Marsh Road. At the county staff's direction, the driveway is lined up across from the school and added a 50 foot taper and a 50 foot radius. Furthermore, to address staffs concerns with the paved road, he asked for gravel instead of an asphalt isle way to define the parking isle as an acceptable alternative. Senior Pastor Ben Bond requested approval of the vanances noting this is a temporary measure Council Member Van Wagner declared he met with the applicant, City Manager Saunders and Planning and Zoning Director Hitt to discuss the project regarding the turn lanes and grass parking. Mayor Turville opened the public heanng. The following spoke in opposition to the request: Charlene Forth, 939 W. Desoto Street; Leonard Antman, 2703 Valiant Dnve; Stephen Conti, 2666 Hartwood Pines Way; Michael Salvitti, 2645 Hart Pines Way; Frank Clementine, Regency Hills, and Tasha Torres, 4221 Bokeelia Loop. The following spoke in support to the request: Bill Cockcroft 14700 Green Valley Blvd.; Ms. Carolyn McCracken; Barbara Elsea, 4772 Barbados Loop; Roy Caldwell, 1410 15 Street; Jason Cummmngs, 3294 Park Branch Avenue; Thomas Wilkins, 10925 Versailes Blvd.; Mr. H. B. Wilke; and Terry Pitt, 944 5` Street. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 Jim Purvis, 4206 Hammersmith Dnve, requested the Council define the term "temporary" and mclude a sunset date of 2 years as well as define the portion of property to be paved. Furthermore, he expressed concern with traffic. Rick Kimutis, Regency Hills, suggested moving the entrance to the property. Tim Murry, 574 E. Desoto Street, supported the project and grass parking and suggested placing the field in the permanent location. Mr. Cummins responded to the concerns of the public. Pastor Bond commented the field will be used 2 months in the fall and 2 months in the spnng There will be Saturday games with practices held 3 nights each week. Mayor Turville closed the public heanng Mayor Turville expressed concern with traffic. He was not in favor of the request without any regulated access on and off of the roadway Council Member Goodgame expressed concern with not having a sidewalk, a traffic light at the intersection and the location of the field. He supported the request for grass parking with a condition when the grass dies out the applicant must replace it with mulch to alleviate dust. Council Member Mullins supported the request for grass parking and the location of the field He expressed concern with traffic dunng the week. Council Member Hogan expressed concern with traffic. Council Member VanWagner suggested limiting the church to only use the property on the weekends until the issue with the traffic light is resolved Council Member Goodgame moved to approve the facility providing you do move forward with the traffic signal and do an access road to a sports field south of what would be Hartwood Marsh Road as stated, seconded by Council Member Mullins. Mayor Turville noted the motion will effectively amend the conditional use requiring the signal light to be in place and the activities will be moved to the west side of the property Council Member Hogan recommended limiting the CUP to three and one half (31/4) years. Council Member Goodgame recommended four (4) years. City Attorney Mantzaris and City Manager Saunders noted it should begin the date the Conditional Use Permit is signed. Council Member Goodgame amended the motion to include a 4 year maximum for the CUP; seconded by Council Member Mullins. Council Member Mullins questioned if this is not passed, could it be without prejudice. City Attorney Mantzaris clarified the Council could deny without prejudice and it would give the applicant the opportunity to return in 3 months. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 Council Member Goodgame so moved City Attorney Mantzaris advised there are competing motions on the table. Council Member Goodgame withdrew the last motion. Council Member Mullins called for the question. Mayor Turville reviewed the intent of the motion to approve as amended to reflect they will have to pay for improvements to the light and to relocate the facility back towards Hartwood Marsh to the west as the onginal location and a 4 year sunset on the use. The motion passed with all members present voting "aye ". Council Member Goodgame moved for the approval of all the variances; seconded by Council Member Mullins The motion passed with all members present voting "aye" Mayor Turville recessed the meeting at 9 The meeting was reconvened at 9:25pm. Item No. 11- Resolution No. 2011 -02 Clermont Hillside Terrace Mayor Turville read Resolution 2011 -02 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 (Res No. 1472) to remove a parcel from the Conditional Use Permit and clanfy language for uses to include retail, professional and medical offices, personal services, lounge, financial institution and restaurant uses Council Member VanWagner declared a conflict of interest from voting on this item as his employer has a potential interest in this property. Planning and Zoning Director Hitt reported on the request for amendments to a Conditional Use Permit He reviewed the amendments to remove a parcel from the CUP, clanfy language and to include additional uses. Applicant, Chuck Hiott, P.E., BESH Engineenng, was present and available for questions. Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith Dnve, questioned the term "reasonable time" and suggested amending the language to time specific. Council reviewed the requested amendments. Council Member Mullins preferred to remove Parcel C as requested and return later with the other proposed amendments 6 City of Clermont MINUTES REGULAR COUNCIL MEETING February 22, 2011 Council was in agreement with the recommendation by Council Member Mullins City Attorney Mantzans suggested adopting the Resolution as presented and remove from the resolution section 2, paragraph 2 and 3. Council Member Goodgame so moved, seconded by Council Member Mullins The motion passed with all members present voting "aye ". NEW BUSINESS Item No. 12 - Ordinance No. 2011-07-M Introduction Mayor Turville read Ordinance 2011 -07 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, imposing a temporary moratorium for two- hundred and seventy (270) days on the issuance of any Business Tax Receipt, Permit, Conditional Use Approval, Site Plan Approval, and any other official action of the City of Clermont having the effect of permitting or allowing construction and/or operations of certain businesses within the City of Clermont, related to game rooms, arcades, intemet cafes, sweepstakes redemption centers, establishments using slot machines or slot machine like equipment and similar indoor entertainment and amusement activities as more specifically described in this ordinance, excluding approvals and permits for the continuance of an existing business, the temporary moratorium shall apply to all real property located within the corporate limits of the City of Clermont; providing for severability; conflicts and an effective date Mayor Turville recommended removing the term "Indoor" from the Resolution Council agreed with the recommendation. Council Member Mullins moved to introduce Ordinance 2011 -07M as amended; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". ADJOURN: With no further comments, this meeting was adjourned at 9.48pm. APPROVED: Harold S Turville, Mayor ATTES.: , 0 / Tracy Ackroyd, City Cler .� . � 7 '' FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME F BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE \f e n W ger �,ehar� $'ev ; NAME MAILING ADDRESS FHE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON as 4 ra w ,�C. re o.ciow5 C , r c , a � W {� HICHI SERVE ISA UNIT OF CITY COUNTY 1 pCiTY 0 COUNTY DOTHER LOCAL AGENCY ,� O� } d1/4..K e NA OF POLITICA SUBDIVISION C r M� DATE ON WHICH VOTE OCCURRED MY POS ITIONN IS I v�� pZ - . -) ■ ELECTIVE ❑ 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 loss of a relative, or to the special private gain or loss 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) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is fled DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, , hereby disclose that on , 20 (a) A measure came or will come before my agency which (check one) ED inured to my special private gain or loss, inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, "\ inured to the special gain or loss of F0.rn " } y (A,, r ; s o,t, - @.Yl - er .Z h c , by whom I am retained, or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows T1 cAttre 1 �r,u;reo� o, cx o55.1) e i l u rc -o.Se a,/,9, a/ 1 -J U Date Filed Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000 CE FORM 8B - EFF 1/2000 PAGE 2