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10-25-2011 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 The Clermont City Council met in a regular meeting on Tuesday, October 25, 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 Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PROCLAMATION Mayor Turville read the proclamation aloud declaring November as Pancreatic Cancer Awareness Month. PUBLIC COMMENTS Wally Herda requested a letter of thanks be sent to Lambs Nursery for planting flowers on 8 Street. Cuqui Whitehead, 837 5 Street, invited all to attend the Taste of South Lake event on November 3. Ed Proli, 1020 Everest Street, expressed concern with Lake Ambulance Service. The City Council requested Jim Judge, Director of Lake EMS, attend a future meeting to give a report Ann Dupee, 389 Division Street, commented on landscaping throughout the city has become a traffic hazard. Susan McCarthy, 284 W. Minneola Avenue, expressed concern with people rummng the stop sign at Crystal Lake Drive and W. Minneola Avenue. Judy Proli, 1020 Everest Street, commented Lake County rescinded their vote for a traffic light at the Summit Greens side gate on Hancock Road. She requested support from the City Council for Lake County to reconsider approval of the traffic light. Council Member Goodgame noted South Lake Hospital petitioned Lake County to place the light at Oakley Seaver which changed the County Commissions vote. He suggested a letter from the Summit Greens Board of Directors. City Manager Saunders stated Lake County put it on hold and directed county staff to conduct a traffic study for the entire comdor to determine the best solution for both entrances. REPORTS City Manager Saunders tentatively scheduled a workshop for November 10. City Attorney Mantzaris — No Report Council Member Hogan — No Report Council Member Goodgame reported on the events of the Histoncal Village and Downtown Partnership for the weekend of November 5 and 6. Also, Mr. Goodgame provided a report on the Tourism Board. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 There has been a slight mcrease in revenues compared to 2010. Council Member Mullins — No Report 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— Approval Request Request approval of the ranking of respondents for RFQ -11 -019, Construction Manager Services. Item No. 2 — Approval Request Request to piggyback the City of Orlando Purchasing Division contract with A.O.K. Tire Mart II, Inc. to provide vehicle transmission repair and replacement. Item No. 3 — Approval Request Request to piggyback the State of Flonda Purchasing Division contract with Port Consolidated, Inc. to provide gasoline and diesel bulk fuel. Item No. 4 — Approval Request Request to piggyback the Flonda Shenff Purchasing Division Association of Counties contract with Earl W Colvard, Inc. dba Boulevard Tire Center to provide tires and related services for various vehicle types. Item No. 5 — Approval Request Approve contract between Cross Construction Purchasing Division Services, Inc. and the City to provide structural demolition services. Item No. 6 — Approval Request Request approval of the ranking of respondents for RFQ -11 -013 for planning and design services for passive and recreational parks. Item No. 7 — Approval Request Request approval of the scope of services from Tetra Tech for $14,530.00 to complete the SCADA system for the City's utility system. Item No. 8 — Approval Request Request approval of a $3,800 expenditure for Facilities upgrade to Histonc Cooper Library fire alarm system. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 City Manager Saunders pulled Item No. 1 and Larry Rescoe, 9437 Meadow Crest Lane, pulled Item No. 8 from the consent agenda for discussion. Larry Rescoe, 9437 Meadow Crest Lane, spoke as a Board member of the South Lake Historical Society. Item No. 8 is an expenditure request as required by the Fire Marshall for the museum and Quonset hut. Council Member Goodgame remarked it is for a smoke detector system. City Manager Saunders clarified this is only to approve the expenditure; not the agreement. Staff will work with the company on the low bid. Staff will return to Council for a budget amendment and will have to put in a phone line and momtonng fees. It is necessary for the Cooper building and Quonset hut. City Manager Saunders reported Item No. 1 is a request to approve the ranking of firms for Construction Management Services for the Jenkins Replacement Building and the Police Department expansion Staff ranked and interviewed the top 3 firms. The ranlung for the top 3 is Ajax Building Corporation, Wharton - Smith and Charles Perry Partners. Staff requested Council approval of the ranking and attempt to negotiate a contract with the top ranked firm and return to Council for approval. Council Member Goodgame moved for the acceptance of the consent agenda as discussed and submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 9 — Ordinance No. 2011 -05 -C Final Hearing City Clerk Ackroyd read Ordinance 2011 -05C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending Chapter 42, "Offenses" of the Clermont City Code; creating Article IV "Prohibition of Simulated Gambling Devices "; providing for legislative authorization; defmitions; intent; exemptions; conflict with State Law; civil penalties and injunctive relief; providing for codification, severability, conflict and an effective date. City Attorney Mantzans reported this is the second and final hearing of Ordinance 2011 -05 -C which is a proposed ordinance to prohibit the possession and use of certain simulated gambling devices as defined in the ordinance. It is patterned by two ordinances recently adopted by Seminole County and Orange County. Those ordinances are available on file with the City Clerk. The simulated gambling device prohibition prohibits the possession and use of certain devices as defined in the ordmance. They are devices defined as computers, terminals, videos or other related equipment and these devices upon connection with an object available for the operator to play a game and upon which the game may deliver a payoff to the operator. There are exemptions related to non - commercial or recreational use. As it relates to non - profit organizations, those are exempt while involved in fundraising activities however there are conditions limiting the number of times an organization can use these devices. If it applies to a charitable organization, it would have to meet the threshold definition and would be limited to two times in a calendar year upon pnor notice to the Police Chief. Furthermore, Mr. Mantzaris recommended additional language in the defuution of the terms "object" and "in connection with" if Council is interested m proceeding with the ordinance. Mayor Turville opened the public hearing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 Franklin Chase Forth, 939 W. Desoto Street, spoke m favor of the ordinance Bill Pheiffer, Attorney in Tallahassee, expressed concern with the proposed ordinance and noted the Legislature will deal with this issue in January. Alan Siegel, owner of Al's Place, would like to keep his business open and noted approximately 160 patrons have signed a petition to keep the establishment open. Cuqui Whitehead, 837 5 Street, spoke m favor of the ordinance. Jim Purvis, 4206 Hammersmith Drive, supported the concept of this ordinance. He questioned enforcement and nonprofit groups having more than two fundraisers each year. Ann Dupee, 389 Division Street, questioned proposed language within the ordinance as it relates to designing a game. Bea Meeks, 2200 Black Hawk Street, expressed concern with the language related to only allowing non profits two exceptions per year. Mayor Turville closed the public heanng. City Attorney Mantzans addressed the concerns of the public. In response to enforcement, this is not a cnminal based ordinance and anyone who violates this ordinance will not be subject to criminal prosecution. The enforcement would be as a violation of city code where it permits the city to pursue an injunction or court relief against the defender. The city code and the Code Enforcement Board are set up to address this circumstance regarding the possession and use of these devices. Any code violation that may exist would exist at the location the device is found to be operating and any fines or liens would be against the owner of the property the devices are being utilized. Code Enforcement would be an appropnate enforcement level that would provide the need of enforcement or the city could go to court and seek an injunction or judicial relief to prevent the continued violation of the ordinance. This ordinance is identical to what was adopted in Seminole County which has endured initial challenges in court. Furthermore, they will be going to trial in denying initial requests to impose an injunction. There is a good chance this ordmance will withstand the Constitutional challenge. The Legislature will likely address this and the city will adjust it, if necessary. There is a built in penod to address the one existing operation. With regard to the not for profits, the person utilizing the simulated gambling device would have had to purchase an object such as a card, a password or an account number purchase from some entity for some consideration to then use the device and then receive a payout. If the purchase of the object is directly connected to the use of the device then it would be covered. If they are not, then it would not be prohibited under this ordinance and they could continue to do business. If Council wishes to, they can eliminate the provision in the ordinance that limits the number of times these charitable organizations can utilize these devices assuming they are covered under the definition of device. Council Member Goodgame inquired about raffle tickets. City Attorney Mantzaris replied this does not apply to raffle tickets. This is designed to address games that look like casino gambling. Any type of device that is legal under the State Statute is exempt from this ordinance. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 Mayor Turville commented the effective date of May 1, 2012 delays enforcement to allow the Legislature time to respond. He inquired about enforcement if this is approved by Council. City Attorney Mantzaris stated only as it relates to existing devices; no new entity would be prohibited upon the effective date. Council Member Mullins suggested stnking the sentence limiting to twice per year. The City Council discussed removing the language from the ordinance. City Attorney Mantzaris suggested removing the language and if it becomes an issue, return to the City Council at a later date. Council Member Mullins proposed an amendment to section 42 -104 as it relates to advance wntten notice. He suggested a specific time period. City Attorney Mantzans explained the purpose of advance wntten notice is to ensure the Police Department is aware of the situation and can decide whether the organization is truly meeting the requirements of the code. The city is not granting permission m advance; it gives the city the opportunity to see whether they complied with the threshold requirements to have these types of machines. Furthermore, he suggested consideration of the language regarding section 42 -101. Council Member Mullins moved that we put those two amendments into the ordinance section 42 -104 take out "does not conduct the activity more than twice in one calendar year, the organization" and section 2 on page 3 paragraph 2 put in "or inputting a password or code account number or user name into a device" and paragraph 3 insert "password code account number" to add the proposed amendments into the ordinance; seconded by Council Member Hogan. Under discussion, Mayor Turville expressed concern with the inclusion of language that the organization has to provide written notice to the City of Clermont Chief of Police. City Attorney Mantzans stated there are certain organizations that would meet the threshold requirements of this exemption. It provides an opportunity for the city to know these organizations are claiming to be exempt under the ordinance and the opportunity for the city to verify they are exempt. The motion passed 3 to 2 with Council Members Hogan and Goodgame opposed. Council Member Mullins moved to adopt the amended Ordinance 2011 -05C; seconded by Council Member Hogan. The motion passed 3 to 2 with Council Members Hogan and Goodgame opposed. Item No. 10 — Police Station Expansion City Manager Saunders reported the City Council agreed to expand the Police Station a couple of years ago. A consultant was hired to suggest ideas on the existing station. There were five options presented to the Council a few weeks ago. Three of the options were for an expansion of the existing facility. They were developed by Architect Design Group, consultant hired by the City. There were two options for offsite options presented by Jimmy Crawford The Council tabled the discussion until tonight to give staff the opportunity to determine the most desirable area, if Council decides to build off site and to see if there is available property for a new station. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 There were four maps provided to Council in determining the best location m the city. The geographic center of the existing city limits is on the north shore of Lake Wilma, south of Hooks Street and east of US 27. There are a number of vacant properties available in this vicmity. Staff believes the Hooks Street area would be the pnme location if Council is interested in relocating At the last meeting, Jimmy Crawford presented a proposal for the Schmid property at the intersection of Citrus Tower and Oakley Seaver. City Manager Saunders expressed concern with Council accepting an unsolicited offer without specific cntena for the project. City Manager Saunders reviewed two options to consider if Council agrees to move off site. The first option would be a Request for Proposal (RFP) for a public /private partnership or the second option is the traditional method of acquiring a site, desigmng the building and then request bids. Staff preferred the traditional method if Council is interested in a new site. Staffs recommendation is to expand on the existing site. Mayor Turville opened the public heanng. Cuqui Whitehead, 837 5 Street, preferred the downtown location for the station. Jim Purvis, 4206 Hammersmith Drive, recommended placing the station in the center of the population. Franklin Chase Forth, 939 W. Desoto Street, agreed with the suggestion made by Jim Purvis. Mayor Turville recessed the meeting at 8:59pm; the meeting reconvened at 9:07pm. Jimmy Crawford, Esq., presented the proposal provided by Belgian Capital Fund, LLC to locate the planned Clermont police station headquarters on its site located at the corner of Citrus Tower Boulevard and Oakley Seaver Boulevard. Charlene Harrison Forth, 939 W. Desoto Street, suggested the city retain the existing site as a substation Judy Proli, 1020 Everest Street, supported moving the police station to a more central location. Ann Dupee, 389 Division Street, expressed concerns with expanding the police station downtown. Mayor Turville closed the public hearing. Council Member Hogan would like to move the police station to the east side of the city Council Member Mullins expressed preference to expand the existing location in downtown. Mayor Turville agreed to expand the existing site and develop to the year 2030. Council Member Van Wagner agreed with Council Member Hogan and would like to pursue another site to the east Council Member Goodgame spoke in favor of looking at a new location east of town near Hooks Street and Citrus Tower Boulevard. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING October 25, 2011 Council Member Goodgame moved for the staff to investigate the purchase of property on the east side of town for a future police station for the City of Clermont; seconded by Council Member Hogan. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposed. ADJOURN: With no further comments, this meeting was adjourned at 9:54pm. APPROVED: %!I g D arold S. Turville, Mayor ATTEST: Tracy A•a.,:ryd, City Clerk 7