06-14-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING June 14, 2011 The Clermont City Council met in a regular meeting on Tuesday, June 14, 2011 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7 with the following Council Members present: Council Members Mullins, Goodgame, and VanWagner. Other City officials present were: City Manager Saunders, City Attorney Mantzans, Deputy City Clerk Noak and Assistant to the City Manager Hollerand. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. Mayor Turville announced Council Member Hogan was not present. MINUTES Council meeting minutes of May 24, 2011 Council Member Goodgame amended the minutes regarding concerns for precincts in gated communities to state "and recommended precincts within the Kings Ridge gated community be open so those residents along Hartwood Marsh Road can vote within the City." Council Member Mullins motioned to approve the minutes as amended: seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". PUBLIC COMMENTS There were no public comments. PROCLAMATION Mayor Turville read the Clermont Professional Firefighter Appreciation Month Proclamation aloud Mayor Turville read the National Dump the Pump Day Proclamation aloud. REPORTS City Manager Saunders — No Report. City Attorney Mantzaris — No Report. Council Member Goodgame reported the Histoncal Society will receive an award in the amount of $2,500 from Sears. Council Member Mullins — No Report. Council Member Van Wagner reported citizens have expressed an interest m a dog park and a water feature for children near Waterfront Park. Mayor Turville — No Report. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING June 14, 2011 NEW BUSINESS Item No. 1— Collective Bargaining Agreement International Union of Pohce Association City Manager Saunders commented the agreement is an amended agreement. Administrative Services Director Van Zile, stated the amendment merges the Sergeants Collective Bargaining Agreement with the Clermont Police Officers Collective Bargaining Agreement. Pay and benefit provisions have not changed and the amendment was ratified by the bargaining unit members. Mayor Turville opened the public heanng. There were no public comments. Mayor Turville closed the public hearing. Council Member Mullins moved to approve the Collective Bargaining Agreement; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". Item No. 2 — Resolution 2011 -10 SunRail Mayor Turville commented the Resolution supporting SunRail was brought forward for consideration by Council Member Goodgame. Council Member Goodgame stated the project is supported by the Lake - Sumter Metropolitan Planning Organization and the Metropolitan Planning Organization Alliance. Mayor Turville read Resolution 2011 -10 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, supporting SunRail, Central Florida's first commuter rail project. Mayor Turville opened the public hearing. Ann Dupee, 389 Division Street, suggested adding Clermont to the Resolution. Council Member Goodgame responded the future map has the project stopping at Winter Garden. Walter Martin, 2440 Praine Dunes, spoke in opposition of the SunRail project. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve Resolution 2011 -10: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 3 — Variance Request Gerald and Sonja Kelly Principal Planner Henschel presented the request to allow a rear yard setback of seven and one -half feet for a swimming pool. The subdivision was onginally within the jurisdiction of Lake County. The City entered into an Implementation Agreement with the developer which included a nine foot side and rear 2 City of Clermont MINUTES REGULAR COUNCIL MEETING June 14, 2011 yard setback requirement. There were two negative findings out of eight required positive responses. Staff recommended denial. Sonja Kelly, applicant, stated there was a large retention basin behind the house and the setback request would not create problems for neighbors. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Mayor Turville inquired if the entire area behind the residence was a retention area. Planner Henschel responded the whole area was a retention area. Council Member Mullms inquired as to the size of the pool. Planner Henschel stated the setback issue had been discovered pnor to selection of the pool size. Council Member Goodgame asked if the request met the approval of the Home Owner's Association. Ms. Kelly responded she had the Home Owner Association's approval letter. Council Member Goodgame moved to approve the vanance request: seconded by Council Member Mullins. The motion passed with all members present voting "aye ". Item No. 4 — Variance Request Family Christian Center Pnncipal Planner Henschel presented the variance request for a second wall sign on the main building. The proposed sign will be sixty square feet. The two signs combined do not exceed the maximum square footage allowed, however the code only allows for one sign. There was one negative finding out of eight required positive responses. Staff recommended denial. Tim Winscott, Mid - Florida Signs & Graphics, commented the additional sign would provide visibility from both directions when traveling on U. S. Highway 27. Mayor Turville opened the public hearing. Jim Purvis, 4206 Hammersmith Drive, expressed concern regarding setting a precedence, if approved. Gina Martin, 2440 Praine Dunes, was opposed to the request. Steve Bush, Family Christian Center Executive Pastor, stated the request is for symmetrical esthetic purposes and the two signs will not exceed the square footage maximum size allowed. Mayor Turville closed the public hearing. Council Member Mullins inquired if the signs were lighted and the hours the signs would be lit Mr. Bush stated the main sign was lit from dusk to dawn. Council Member Mullins suggested the building signs go dark around 1 1pm or midnight. City Manager Saunders commented the restriction could not be placed on the signs unless it is part of a Conditional Use Permit. Council Member Goodgame stated it was off the highway and was not opposed to the request. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING June 14, 2011 Council Member Goodgame moved to approve the variance request; seconded by Council Member Goodgame. The motion passed with Council Member Goodgame, Council Member Mullins and Mayor Turville voting "aye ". Council Member VanWagner abstained. Item No. 5 — Agreement Renewal City Manager Employment Agreement City Manager Saunders stated he is requesting renewal of his employment agreement with the City. The renewal does not contain a salary increase; however there is a change to the term of the contract. City Attorney Mantzans commented the previous agreement requiring the contract to come before Council for review was inconsistent with the Charter. The Charter states the Council appoints the City Manager for an indefinite term and may be removed by a majority vote of the Council. The language provided and recommended in the renewal agreement is consistent with the Charter. Mayor Turville opened the public heanng. Walter Martin, 2440 Prairie Dunes, inquired as to the accomplishments City Manager Saunders made over the past five years and his future goals for the City. Mayor Turville provided an overview of a City Manager form of government and the role of the City Council. Jim Purvis, 4206 Hammersmith Dnve, asked if the change would prevent Council from renegotiating the contract and is the contract an employment for life contract Mayor Turville responded the City Manager serves at the discretion of Council. Gina Martin, 2440 Praine Dunes, stated a friend had expressed their difficulties dealing with the City when relocating a business. Mayor Turville responded when new codes go into effect the code would not apply to a current business location. When a business is new to a location, they would be required to meet the new code Council Member Mullins moved to approve the new contract; seconded by Council Member Goodgame The motion passed with all members voting "aye ". Item No. 6 — Ordinance No. 2011- 09- Mlntroduction Mayor Turville read Ordinance 2011 -09 -M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, under the Code of Ordinances of the City of Clermont, granting a garbage collection franchise to Home Builders Services of Flonda, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved to introduce Ordinance 2011 -09 -M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye ". 4 City of Clermont MINUTES REGULAR COUNCIL MEETING June 14, 2011 Item No. 7 — Ordinance No. 2011 -03 -C Introduction Mayor Turville read Ordinance 2011 -03 -C aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Florida, amending the Code of Ordinances, Chapter 2 Administration, Article VI Financial Matters, Division 2 Impact Fees, Section 2 -262 Required; Chapter 6 Alcoholic Beverages, Section 6 -1 Licensing Vendors Near School or Church; Standard of Measurement; Chapter 18 Business, Article II Solicitors, Peddlers and Itinerant Vendors, Division 4 Peddlers and Itinerant Vendors, Section 18 -83 Prohibitions; Chapter 34 Environment, Article II Noise, Section 34 -21 Loud, Disturbing and Unnecessary; Enumerations, Section 34 -32 Business Noises in Residential Sections of the City; Article IV Junked, Wreaked, Abandoned Property, Section 34 -91 Definitions, Section 34 -95 Prohibition of Storage Within Residential Areas, Section 34 -96 Removal Within 72 Hours of Notice; Service; Certificate of Notice; Chapter 90 Concurrency Management, Article I in General, Section 90 -6 Adopted Level of Service Standards; Chapter 118 Vegetation, Article III Trees, Division 1 Generally, Section 118 -71 Minimum Tree Requirements, Division 3 Tree Removal Permit, Section 118 -112 Application; Chapter 122 Zoning, Article V Supplementary District Regulations, Section 122 -341 Accessory Uses and Structures; Providing for Codification; Severability; Effective Date; and Publication. Council Member Mullins moved to introduce Ordinance 2011 -03 -C; seconded by Council member Goodgame. The motion passed with all members present voting "aye ". City Attorney Mantzaris mquired if Council Member Hogan's absence is excused. Mayor Tuville responded his absence is excused. ADJOURN: With no further comments, this meeting was adjourned at 8:20pm. APPROVED: 411ffiP • arold S. Turville, Mayor ATTES !: -- Tracy Ac oyd, Cit lerk f" , 5 .Ff i,,.„,t.tfl ''` FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME - MIDDLE NAME NAME F BOARD, CAUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE U rn v.Jo.5+ -er k . c) l- .i'fn itf (-0 ur1C'.i MAILING ADDRESS THE BOARD, CO NCIL, COMMISSION, AUTHORITY OR COMMITTEE ON s Taw 1't Akeo.clo 5 rC 2 w1IICHI SERVE ISA UNIT OF CITY COUNTY CITY ❑ COUNTY ❑OTHER LOCAL AGENCY e r O )-1--'r N OF POLITICAL SUBDIVISION 1 + o DATE ON WHICH VOTE OCCURRED MY POSITION IS - 3 - Lk r\ 4 1 t Piti 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 loss 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, point venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) • t f • 4 R 1 t t f f f f • • t 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 t 4 # t t • • t k t k f Y # t t 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 filed n II DISCLOSURE OF LOCAL OFFICER'S INTEREST k I, ci'lard V cA.a-t W 911er , hereby disclose that on 5t.t ri e_ a 8 1 , 20 ) , (a) A measure came or will come before my agency which (check one) ❑ 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 , J C- k r + t'.b. 4 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 6/0 gJl) li:I Verit-77 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