08-23-2011 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
The Clermont City Council met in a regular meeting on Tuesday, August 23, 2011 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 VanWagner. Other City officials
present were: City Manager Saunders, City Attorney Mantzans and Deputy City Clerk Noak.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance.
Mayor Turville announced amendments to the agenda. Item Number 7 Water & Wastewater Agreement
under Unfimshed Business has requested to be tabled and Item Number 14 JPA review has been pulled by
staff.
Council Member Goodgame moved to table Item Number 7 until September 13, 2011;
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
Council Member Goodgame moved to pull Item Number 14 due to the county already
approved the property for apartments; seconded by Council Member Mullins. The
motion passed with all members present voting aye.
PROCLAMATION
Mayor Turville read the proclamation for Constitution Week aloud
MINUTES
Council meeting minutes of August 9, 2011
Council Member Goodgame moved for approval of the August 9, 2011 minutes as
written; seconded by Council Member Mullins. The motion passed with all members
present voting aye.
PUBLIC COMMENTS
Wally Herda, 1109 Hampton Street, expressed concern regarding areas with high grass.
Jim Purvis, 4206 Hammersmith, requested information on the pulling of Item Number 14, Hartle Groves
JPA review and requested an update on Lake Sumter EMS. Planning and Zoning Director Hitt responded
to the Hartle Groves JPA review. The City received final clarifications and maps on July 23, 2011 and
had requested Lake County postpone the hearing Lake County did not postpone the heanng.
REPORTS
City Manager Saunders asked for Council approval of a request from Fire Chief Bishop to apply for an
Assistance to Firefighter grant in the amount of $983,000. The City would match ten percent. The grant
will be used to replace a 1989 Tower Ladder Truck and the rescue boat. The deadline to apply for the
grant is September 9, 2011.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Council Member Goodgame moved to approve applying for the grant: seconded by
Council Member Mullins. The motion passed with all members present voting aye.
City Attorney Mantzans — No Report.
Council Member Hogan — No Report.
Council Member Goodgame reported the Train Depot at the Histonc Village was struck by lighting and
requested the Historic Village retain the remaining funds from the grant provided by the City for the
Quonset Hut repairs and use the funds towards the Train Depot repairs.
Council Member Mullins moved to allow the Histonc Village to keep the remaining
grant funds from the Quonset Hut: seconded by Council Member Hogan. The motion
passed with all members present voting aye.
Council Member Mullins reported Sumter County is pulling out of Lake- Sumter Emergency Medical
Services effective October 1, 2011 The new name will be Lake Emergency Medical Services Council
Member Goodgame commented he spoke with Jim Judge, Executive Director of Lake - Sumter EMS,
requesting more units be located in the south part of Lake County Council Member Mullins stated the
location of units is need driven and not population dnven
Council Member VanWagner — No Report.
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— Sanitation Vehicle Replacement Request approval to purchase one new sanitation
Sanitation Department vehicle with budget amendment for current year.
Item No. 2 — Grant Approval Request Request acceptance of $25,000 matching grant
Barbara Hollerand from U.S. Fish and Wildlife Service for upland
restoration at Inland Groves Property Park.
Item No. 3 — Approval Request Request to piggyback Lake County Board of
Purchasing Department County Commissioner's contract with Oglesby
Construction, Inc. to provide traffic stnpmg and
marking
Item No. 4 — Approval Request Request to piggyback City of St Cloud contract
Purchasing Department with TestAmenca Laboratories, Inc. to provide
bacteriological laboratory analysis.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Item No. S— Amendment Approval Approval to extend agreement between Nova
Nova Engineenng Engineering and Environmental, LLC and the
City for building permitting and inspection
services.
Item No. 6 — Reuse Agreement Amendment Amendment to agreement to allow reuse to the
Kings Ridge north pond of Kings Ridge.
Jim Purvis, 4206 Hammersmith, pulled item number 6.
Council Member Goodgame moved to approve Consent Agenda items one through five,
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
Jim Purvis requested a synopsis of the Kings Ridge reuse agreement amendment. Council Member
Goodgame stated the amendment added the north pond to the reuse agreement.
Council Member Hogan moved to approve Consent Agenda item six; seconded by
Council Member Goodgame. The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. 7 — Water & Wastewater Agreement, BFG Lakeshore LTD — Hartle Groves
(Tabled to September 13, 2011)
Item No. 8 — Ordinance 2011- 10- M Fanal Hearing
Item No. 9- Resolution 2011 -13, RaceTrac
Mayor Turville announced the Ordinance and the Resolution would be discussed together and voted on
separately.
Mayor Turville read Ordinance 2011 -10 -M aloud by title only
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Florida amending the Official Zoning Map of the City of Clermont, referred to in Chapter
122 of Ordinance No.289 -C, Code of Ordinances; rezoning the real properties descnbed
herein as shown below, providing for severability, effective date, and publication.
Mayor Turville read Resolution 2011 -13 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting
a Conditional Use Permit to allow a gas station and convenience store within a C -1 Light
Commercial zoning distnct
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Planning and Zoning Director Hitt presented the request from RaceTrac to rezone the property from R -1
Single - family Medium Density Residential to C -1 Light Commercial. The property is located at the
northeast corner of U.S. Highway 27 and Citrus Tower Boulevard. Staff recommended approval for the
rezoning and the Conditional Use Permit
Jimmy Crawford, attorney for the applicant, was present to answer any questions
Mayor Turville opened the public heanng.
Jim Purvis, 4206 Hammersmith, expressed his concerns regarding the proposed project.
Mayor Turville closed the public hearing.
Council Member Mullins stated the entrances and exits were too close to the curb.
Council Member Goodgame commented on the need for a deceleration lane on the east side of the
property. He inquired if 18- wheelers would be fueling at the location.
Jimmy Crawford stated the hours of operation would be 24 hours a day, seven days a week. He
commented there would be security at night.
Phillip Morhssey, applicant, descnbed the method of fuel delivery. He stated the site would not be a
truck stop. The site would offer diesel fuel as the need for diesel fuel has increased.
Council Member Goodgame commented the fuel nozzles should be for car use only.
Council Member Mullms inquired about lighting. Planning and Zoning Director Hitt stated the lighting
would be according to code.
Council Member Goodgame expressed concern regarding the location of the north entrance as traffic
approaching the entrance area does not slow down until reaching the curve. Phillip Morrissey stated a
traffic study would be done and provided to the County.
Jimmy Crawford requested postponement of the rezoning and Conditional Use Permit request for thirty
days.
Council Member Goodgame moved to table both items until September 27: seconded by
Council Member Mullins. The motion passed with all members present voting aye.
NEW BUSINESS
Item No. 10 — Variance Request, Daryl & Sandra Lachtt
Curt Henschel, Principal Planner, presented the vanance request to allow for a twenty inch side lot
setback for an off- street dnveway. Current City Code requires driveways to have a mimmum five foot
setback from adjacent property lines. The proposed setback will be adjacent to the former Cooper
Memonal Library site. Staff noted additional space to the west of the existing dnveway is available to
use as a parking space. Staff recommended denial of the dnveway setback variance request
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Applicant Sandra Lichti stated they did not want to cut down an oak tree to place the dnveway where
staff recommended. The proposed dnveway should not interfere with the City's plans to develop the
former Cooper Memonal Library site.
Mayor Turville opened the public hearing.
Charles Forth, 939 West DeSoto Street, spoke in favor of granting the request.
Mayor Turville closed the public hearing.
Council Member Mullins inquired if the property was part of the Central Business Distnct. Curt
Henschel responded the property was part of the Central Business District.
Council Member Mullins moved to approve the vanance request; seconded by Council
Member Goodgame The motion passed with all members present voting aye.
Item No. 11— Variance Request, Encore Home Decor
Pnncipal Planner Henschel presented the request to allow for outdoor storage and display of merchandise
at 782 West Montrose Street The proposal closes off the current private dnveway and access to the
property will be through the rear of the property, which is adjacent to the public parking lot. Staff
recommended denial of the request.
David Guess, applicant, stated he desired to turn the area into useable space.
Mayor Turville opened the public heanng.
Jim Purvis, 4206 Hammersmith, expressed concerns regarding vanance request approvals.
Mayor Turville closed the public hearing.
Council Member Mullins inquired if a cross access agreement would be necessary. City Manager
Saunders replied an agreement would not be necessary.
Council Member Goodgame inquired as to the width of the fencing. Mr. Guess replied the fence width
would be twelve feet.
Council Member Mullins moved for approval of the variance request: seconded by
Council Member Goodgame. The motion passed with all members present voting aye.
Item No. 12 — Resolution 2011 -12, Montrose Wine Bar
Mayor Turville read Resolution 2011 -12 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
granting a Conditional Use Permit to allow a bar in the CBD Central Business Zoning
Distnct.
Council Member Mullins, declared a conflict of interest and stated he would not vote on the subject,
however; would participate in the discussion.
5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Curt Henschel, Principal Planner, presented the Conditional Use Perrmt for a bar in the Central Business
District at 712 West Montrose Street. The proposal is for an upscale wine and beer bar with
entertainment. The hours of operation would be from 1 pm to 11:30pm, at Council's discretion The
Planning and Zoning Board and staff recommended approval.
Yellymary Montaluo, Applicant, was present to answer questions.
Mayor Turville opened the public hearing.
Charlene Forth, 939 West DeSoto Street, spoke in favor of the request.
Charles Forth, 939 West DeSoto Street, spoke in favor of the request.
Amanda Walsh, Owner, Cheeser's Palace, spoke in favor of the request.
Matthew Rhoda, Owner, 712 West Montrose Street, stated there was an interest in the proposed
establishment.
Patricia Brown, commercial agent for applicant, commented the establishment would be an upscale jazz-
type club.
Mayor Turville closed the public heanng.
Council Member Goodgame inquired as to food preparation methods and the possible need for a grease
trap. The applicant responded the food would be catered. City Attorney Mantzaris stated the Utilities
Department would make the determination regarding grease trap requirements. City Manager Saunders
stated if it was determined a grease trap is necessary, they would be required to have a grease trap.
Council Member Goodgame inquired if the applicant would object to the hours of operation being part of
their Conditional Use Permit. Ms. Montaluo stated she did not object and was willing to change the hours
of operation if necessary.
Council Member Goodgame asked City Attorney Mantzans if there was language which could be used in
the permit regarding noise. City Attorney Mantzaris stated there was specific language which had been
used m the past allowing for the Conditional Use Permit to return before Council for reconsideration
should complaints occur regarding noise.
Council Member VanWagner expressed concern regarding noise disturbances and requested the
Conditional Use Permit to include a provision for automatic revocation should there be three noise
complaints. Council Member Goodgame commented Council historically did not state a specific number
of complaints in the permit City Attorney Mantzaris stated there was a Conditional Use Permit which
had a specified number of complaints. Someone could call in, not really having a complaint, and it would
cause issues. If this is handled through the noise issue as is done with all other permits, there should not
be any issues.
Council Member Goodgame stated his motion is under the condition that the applicant have an
opportunity to read the conditions and should they object, they will come back before Council. City
Attorney Mantzans stated Council could approve with any conditions Council would like and the
applicant can agree to the conditions or not open their business.
6
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Council Member Hogan moved to approve 712 West Montrose Street.
Mayor Turville passed the gavel to Mayor Pro Tem Goodgame.
Mayor Turville seconded the motion.
Mayor Turville stated the motion was to approve as staff recommended.
City Manager Saunders commented there were two issues which were discussed, one regarding the hours
of operation as an additional condition
Mayor Turville stated he would agree with the staff recommendation of the hours of
operation as 1:OOpm to 11:30pm.
Mayor Pro Tem Goodgame opened the motion for Council discussion.
Council Member VanWagner commented he could not support the request without a complaint provision
in the permit stating the number of complaints allowed before coming back to Council.
Mayor Turville was opposed to including a complaint provision in the permit.
Mayor Pro Tem Goodgame affirmed the motion was to approve as staff recommended
with the hours of operation as 1:OOpm to 11:30pm.
City Attorney Mantzaris stated, for clanfication, the motion did not have the language to bnng back
before Council for noise complaints, which were not part of staff recommendations.
Council Member Hogan did not believe it was necessary to include noise complamts in the motion.
Mayor Turville called for the question. The motion passed on a three to one vote,
Council Member VanWagner m opposition and Council Member Mullins abstaining.
Item No. 13 — Police Station Expansion
City Manager Saunders commented on the five options presented to Council at a prior workshop and
Council meeting. The first three options involve the expansion at the current site and at the request of a
local property owner, two options associated with the Schmid property located on the east side of town
were provided. Cost comparison figures had been presented by Jimmy Crawford.
City Manager Saunders stated staff reviewed the cost companson figures presented and the pros and cons
of the options were discussed. A cost comparisons chart was provided by City Manager Saunders for
Council, along with information on staff pros and cons.
City Manager Saunders stated should Council desire to relocate the police station, staff would work with
the Police Department in deter mimng the best geographic location, investigate available properties in
those locations, and provide Council with prionties and options
Staff recommendation was Option C and staff requested direction from Council.
7
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Police Chief Graham was m agreement with Option C, with future parking as his only concern.
Mayor Turville opened the public hearing.
Jimmy Crawford, Attorney for Schmid Construction, presented Council with revised
calculations for options D, E, and F, which included soft costs. He commented the
owners are willing to enter into a lease /purchase option agreement with the City and
requested Council table for 30 days
City Manager Saunders commented the City had not had an opportumty to review the revised
calculations.
Charlene Forth, 939 West DeSoto Street, stated the agenda for the prior workshop was not advertised or
posted on the website. City Manager Saunders presented a copy of the workshop agenda for the meeting
Ms. Forth was referring.
Jim Purvis, 4206 Hammersmith Drive, spoke in favor of tabling the decision.
Mayor Turville closed the public heanng.
Council Member Mullins was in favor of expanding the present site.
Council Member Goodgame was m favor of checking alternative locations and tabling for 45 days.
Council Member Hogan was in favor of tabling for 30 or 40 days
Mayor Turville commented the current location was selected with future expansion considerations m
mind and was m favor of expanding the current location. Mayor Turville inquired as to the process
necessary and amount of time needed for staff to look at alternatives.
City Manager Saunders requested 60 days.
Council Member Goodgame moved to table the police station location and construction
for 60 days to allow time for staff to look at other alternate properties around the City;
seconded by Council Member Hogan.
Council Member VanWagner requested lease /purchase options be included.
Council Member Goodgame and Council Member Hogan agreed to the amendment.
City Manager Saunders stated his concern of opening the process for others to come forward and provide
their own deal. He stated the City needed to drive the process as was done with the fire station
Council Member Goodgame amended the motion back to the first motion The motion
passed with all members present voting aye.
Item No. 14 — JPA Review, Hartle Groves Subdivision
Pulled by staff.
8
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 23, 2011
Item No. 15 — Council Appointment — Code Enforcement Board
City Manager Saunders presented Chandra Myers resume and letter of interest to serve on the Code
Enforcement Board. Staff recommended appointing Ms. Myers.
Council Member Hogan moved to appoint Chandra Myers, seconded by Council Member
Goodgame.- The`motion passed with all members present votmg aye.
Item No. 16 — Ordinance 2011 -04 -C — Introduction
Mayor Turville read Ordinance 2011 -04 -C aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 42,
"Offenses ", Article I, "In General" Section 42 -6, "Firearms, Discharge" by deleting the section in its
entirety; providing for codification; severability, conflict and effective date.
Council Member Mullins moved to introduce Ordinance 2011 -04 -C; seconded by
Council Member Goodgame. The motion passed with all members present voting aye.
ADJOURN: With no further comments, this meeting was adjourned at 9:52pm.
APPROVED:
` aid S. Turville, Mayor IF
ATTEST:
l 41 — 4 4 „ Al
Tracy jiroyd, City Cl
9
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
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MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
0 Ores,✓ Avg WHI HISERVEISAUNITOF
CITY I COUNTY CITY ❑ COUNTY ❑OTHER LOCAL AGENCY
1 1 NAME OF POLITICAL SUBDIVISION
eV W1un�
DATE ON WHICH VOTE OCCURRED MY POSITION IS �,�
/ I �j �c f I [(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, 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 descnbed 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
��J !! rr ( DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, (°fee (i M i to,, , hereby disclose that on vc, ^ , 20 1 1
(a) A measure came or will come before my agency which (check one)
inured to my special pnvate gain or Toss,
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 , 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
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Date i ed / 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