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08-13-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 The Clermont City Council met in a regular meeting on Tuesday, September 13, 2011 in the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:02 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. PUBLIC COMMENTS Wally Herda expressed concern with overgrown property off of Highland and Hwy 27. Planning and Zoning Director Hitt responded the property in question is owned by Trademore Industnes. It will be in possession of the bank the first week in October. The city cannot act until the bank is in full possession of the property. The bank is interested in taking care of the property once they obtain possession Mr. Herda inquired about the city having the grass cut and bilking the owner. City Attorney Mantzans stated the lot clearing provisions in the code that provide for that establishes a lien on the property. However, if the property is in foreclosure, the lien is not enforceable against the existing property owner. Jim Purvis, 4206 Hammersmith Dnve, commented on the number of signs placed throughout the city on the weekends and suggested increased code enforcement. Furthermore, he thanked Council Member Goodgame, Mayor Turville, and Fire Chief Bishop for the memorial in observance of the 10 year anniversary of September 11 at the Fire Station on Sunday Cuqui Whitehead, 837 5 Street, announced the Kiwanis Club of South Lake Wine Gala. It will be held on September 24 at Hentage Hills from 6:30pm — 9:OOpm. Tickets are $50 each. Tim Murry, 574 E Desoto Street, commented on calling 911 last Tuesday and the response time was very good. REPORTS City Manager Saunders scheduled a Special Meeting of the Community Redevelopment Agency (CRA) on September 27, 2011 at 6:30pm. Also, he reported staff has been working through the process with St. Johns River Water Management Distnct for the last 2 years on a new Consumptive Use Permit. The city has received notification they are satisfied with their requests for additional information and have sent a draft permit. It will be going before their board for approval on October 11 with the St. Johns staff recommending approval of a 20 year permit to include allocations city staff has requested City Manager Saunders commended City Engineer Richardson for her involvement in this process Council Member Goodgame questioned the monetary cost. City Manager Saunders replied the city has spent approximately $200,000 going through the process over the last couple of years City Attorney Mantzans — No Report 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 Council Member Hogan — No Report Council Member Goodgame — No Report Council Member Mullins reported on the_committee meeting for the Lake Emergency Medical Services. The Personnel Committee recommended hu7ng a new director. Also, the annual League of Cities sponsor banquet will be held on September 28 at Lake Receptions. Tickets are $10 each. Council Member Van Wagner — 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 — Grant Opportunity Request authonzation to submit grant request Fire Department to the State Homeland Security Grant Program. Item No. 2 — Interlocal Agreement Approval Request approval of new Interlocal Lake County Attorney's Office Agreement between the City, Lake County, and Lake Emergency Medical Services for reimbursement for Advanced Life Support Services. Item No. 3 — Interlocal Agreement Approval Request approval of three Interlocal Lake County Agreements between the City and Lake County relating to Lake County Road Right - of -way Annexation. Item No. 4 — Bid Award Request authonzation to award Boykin Engineering Department Construction the bid for the Hooks Street water main extension project m the amount of $134,541.55. Jim Purvis requested to pull item number 3. Council Member Goodgame moved that items 1, 2 and 4 of the consent agenda be approved as submitted; seconded by Council Member Mullins. The motion passed with all- members present voting aye. Jim Purvis, 4206 Hammersmith Drive, inquired what the list included. City Manager Saunders noted staff would provide Mr. Purvis with a map. Council Member Goodgame moved to accept item 3 as wntten on the consent agenda; seconded by Council Member Mullins. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 Council Member Van Wagner expressed gratitude to City Manager Saunders and staff on this agreement. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 5 — Water & Wastewater Agreement Planning and Zoning Director Hitt reported on the request to amend the Water and Wastewater Services Agreement. The property is located south of State Road 50, west of Hartle Road. Lake County approved the Planned Unit Development rezoning on August 23, 2011 subject to the applicant obtaining an amendment to the Water and Wastewater Services Agreement. The applicant requested an amendment incorporating a modified site plan changing only the west side residential area from 222 Townhomes to 380 multi - family units. The number of units and associated capacity is the maximum allows, while the eventual development may decrease the water /sewer amount depending on possible development scenanos The onginal agreement was approved by City Council on January 10, 2006. The east side single family is under construction and the commercial section remains the same as originally approved. The Hartle Groves capacity flow /demand numbers reflect the proposed multi - family increase and the projects overall rates. According to the City Engineer and Utilities, there is ample capacity available to serve this increase. If approved, the agreement will be conditioned upon deferral of annexation to occur when legally appropnate. The project will be developed pursuant to the agreement for the west side multi- family development. The remainder is still conditioned upon the original agreement approved in 2006. Don Curotto, Legal Counsel to the applicant was present. He concurred with the staff report and the Water and Wastewater Agreement. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, expressed concern with the number of units. Jim Purvis, 4206 Hammersmith Drive, expressed concern with the impact on the city. Mayor Turville closed the public hearing. Council Member Goodgame noted there are no recreation facilities in that area. Lake County has approved it and expressed frustration with the city having to approve the request. Council Member Mullins inquired about denying the request City Attorney Mantzans stated the city has committed to providing water and sewer to this development and the only issue before the Council is whether there is capacity to provide it and the City Engineer has determined there is. Mayor Turville inquired about capacity as it relates to approved development. Planning and Zoning Director Hitt commented he spoke to City Engineer Richardson and noted there is ample capacity. Council Member Mullins stated this is a bad project for that location. Council Member Goodgame so moved; seconded by Council Member Mullins. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 Under discussion, Mayor Turville expressed concern with the process. The motion passed 3 to 2 with Council Member Hogan and Mayor Turville opposing, Item No. 6 — Ordinance No. 2011 -04 -C Final Hearing Mayor Turville read Ordinance 2011 -04C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 42, "Offenses ", Article 1, "In General" section 42 -6, "Firearms, Discharge" by deleting the section in its entirety; providing for codification; severability; conflict; and effective date. City Attorney Mantzans explained this ordinance results from recent action taken by the State Legislature with regard to preemption of local government's ability to regulate the possession, carrying, and storage of firearms and ammunition within the city limits. The state controls laws related to how firearms and ammunition are stored and utilized. The state declared they will totally preempt local governments from enacting or enforcing ordinances to regulate these subjects except for zoning related ordinances. Staff reviewed the city code and this ordinance addresses Section 42 -6 to be removed from the city code. This legislation includes a $5,000 fine for any elected or appointed official that either passes or enforces this code and can be levied against the local government. It does not change the enforcement of firearm regulations and cnmes associated with firearms. There is statutory language that allows the Police Department to address the improper use and storage and carrying of firearms. Historically, this provision of city code has not ever been enforced; the city relies on the state code to enforce firearm issues Mayor Turville opened the public heanng Wally Herda questioned the discharge of firearms on holidays. City Attorney Mantzans stated they would be subject to state law There is language that covers reckless use of firearms. Cuqui Whitehead, 837 5 Street, expressed frustration with having to adopt laws as governed by the state. Mayor Turville closed public hearing. Council Member Goodgame moved for the adoption of Ordinance 2011 -04 -C; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 7— Event Request Caribbean American Assoc City Manager Saunders reported on the request for the Taste of Canbbean on June 23, 2012. They are requesting use of the Waterfront Pavilion with no charges for parking fees and reduction of rental fees. The fees adopted earlier this year will reflect the total fee of $1,175 for the event. Mayor Turville opened the public heanng. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 Christopher Barrett, 2785 Falcon Ridge, requested Council approval. They are a 501 C3 organization. Mayor Turville closed the public heanng. The City Council expressed uncertainty in waiving the fees. Council Member Mullins suggested considering a smaller venue since this is the first year of this event. Cuqui Whitehead, 837 5 Street, offered to provide assistance in finding a location. Mayor Turville suggested tabling and making a tentative reservation for the date requested Council Member Hogan moved to delay for this event and will work out in the interim and be involved in a different location and include tentative reservation of June 23, 2012 and tabled to October 11; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 8 — Event Request New Beginnings This item has been requested to be tabled to September 27, 2011. Council Member Goodgame moved to table to September 27; seconded by Council Member Mullins. The motion passed with all members present voting aye. Council Member Goodgame requested placing the fee structure on the next Council workshop. Item No. 9 — Ordinance No. 2011-11-M Introduction Mayor Turville read Ordinance 2011-11M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, providing for the annexation of a certam parcel of land contiguous to the present city boundaries; providing for an effective date; severability; recording, and publication Council Member Mullins moved introduction of Ordinance No. 2011 -11M; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Item No. 10— Ordinance No. 2011-12-M Introduction Mayor Turville read Ordinance 2011 -12M aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, 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 II, Florida Statutes; setting forth the purpose and intent 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. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 13, 2011 Council Member Mullins moved introduction of Ordinance No. 2011 -12M; seconded by Council Member Hogan. The motion passed with all members present voting "aye ". Mayor Turville questioned whether the comprehensive plan act is still in place. City Attorney Mantzaris explained with the new law, the state will not be reviewing every comprehensive plan change no matter the size. However, the state will have the right to get involved at any point. Assistant to the City Manager Hollerand stated the city is operating under the idea to continue as we were until instructed otherwise. This is a small scale amendment The state accepts it and ensures the cntena have been met. City Manager Saunders noted the city is following the same procedures as other cities because we have not been advised differently. If there is an issue, they will contact us. ADJOURN: With no further comments, this meeting was adjourned at 8:26pm. APPROVED: ,b arold S. Turville, Ma rr ATTEST: Tracy • eg oyd, City Cl 6