02-14-2012 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
The Clermont City Council met in a regular meeting on Tuesday, February 14, 2012 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.
MINUTES
Council meeting minutes of November 29, 2011 minutes as amended, January 10, 2012, and January 24,
2012
Council Member Goodgame noted that audio recordings of previous Council meetings are available
online
Council Member Goodgame moved for the meeting minutes of November 29, 2011 be
approved as amended; seconded by Council Member Mullins. The motion passed with all
members present voting aye.
Council Member Goodgame moved for the meeting minutes of January 10, 2012 be
approved as wntten; seconded by Council Member Mullins The motion passed with all
members present voting aye.
Council Member Goodgame moved for the meeting minutes of January 24, 2012 be
approved as written; seconded by Council Member Mullins The motion passed with all
members present voting aye.
PUBLIC COMMENTS
Jim Purvis, 4206 Hammersnuth Dnve, expressed concern with the Lake County Fire Department
responding to calls in the Clermont area
Charlene Forth, 939 W. Desoto Street, expressed appreciation to Mayor Turville for allowing the public
the opportunity to speak and for amending the nunutes.
Cuqui Whitehead, 837 5 Street, expressed support for City Manager Saunders and the Police
Department.
Robert Bowman, 723 W. Montrose Street, expressed support for City Manager Saunders and Police Chief
Graham
REPORTS
City Manager Saunders announced the Council workshop has been scheduled for Wednesday, February
15, 2012 at 7:OOpm to review employee medical insurance.
1
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
City Attorney Mantzans provided an update on the status of 1029 Lake Avenue m regards to a Code
Enforcement action. City staff cleaned up the property. The City's Building Official reviewed and
examined the building and declared it unsafe for mhabitation. This enables the city to invoke the
provisions of the International Property Maintenance Code and pursue a condemnation or an abatement of
the nuisance by teanng down the structure that exists on the property. Staff asked Council the course of
action to pursue. Most of the cost would be to tear down the structure. Staff would conduct a title search
to determine the owners, provide notice and give them the opportunity to fix the property. If they do not,
then the city would be able to tear down the structure. Any costs associated with it would become a lien
on the property. The taxes on the property have not been paid in over 6 years and no tax deed has been
issued.
Council Member Goodgame inquired whether Lake County has begun foreclosure on the property.
City Attorney Mantzans explained the county by law is required to take the tax deed to properties after
taxes have been unpaid. There are 247 properties in Lake County have taxes owed that have not been paid
in over 5 years Lake County takes the tax deed to these properties and then auctions them off. The county
does not have a lien on the property and will not spend money to fix it It is part of the follow up process
to unpaid taxes.
Mayor Turville questioned notifying Lake County City Attorney Mantzans has communicated with the
Assistant County Attorney. The county does not have a dollar investment in the property other than the
unpaid taxes.
Council Member Goodgame moved that we instruct Mr. Saunders to proceed working
with our City Attorney to demolish this property; seconded by Council Member Mullins.
Under discussion, Mayor Turville questioned using the language to demolish the property. City Attorney
Mantzans suggested the Council pursue the abatement process.
Council Member Goodgame amended the motion to pursue the abatement of the
property; seconded by Council Member Mullins
Under discussion, Council Member Mullins inquired whether the city could bid on the property. City
Attorney Mantzans confirmed the city could bid on the property.
The motion passed with all members present voting aye.
City Attorney Mantzans announced he and City Manager Saunders attended mediation In the litigation
regarding Bee's Auto. He scheduled a closed litigation session with the City Council at 6:OOpm on
February 28, 2012.
Council Member Hogan — No Report
Council Member Goodgame reported Cecelia Smith, Tounsm and Economic Development Board,
awarded the Historical Society with a $5,000 matching grant. Larry and Jeanette Rescoe matched the
grant and will have $10,000 to complete the museum and other areas of the Histoncal Village.
2
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
Council Member Goodgame suggested organizing a food dnve for the community dunng spnng break
this year. He recommended placing collection containers at the Fire Department and Police Department.
Council Member Goodgame moved to place food containers at the Police and Fire
stations; seconded by Council Member Hogan
Under discussion, Council Member Mullins questioned collecting from residents with recyclables. City
Manager Saunders noted he would discuss with staff.
The motion passed with all members present voting aye
Council Member Mullins — No Report
Council Member Van Wagner asked City Attorney Mantzaris to explain why the February 1 workshop
was cancelled.
City Attorney Mantzaris explained that workshop was intended to discuss issues related to the operation
of the Police Department. The city was served with a lawsuit where the city and the Police Chief were
named a defendant regarding activities of the Police Department. Once the city received the lawsuit, it
was recommended the workshop discussion linked to that lawsuit was not in the best interest of the city
After consulting with the city's hired defense counsel, City Manager Saunders was instructed to cancel
the workshop on February 1 and wait to discuss, with Council until litigation matters have been resolved.
It was filed by former Officer Kyle Bermingham against the City of Clermont and Police Chief Graham
One of the other issues of concern is some of the individuals who spoke before the City Council in the
last several meetings are either active participants or witnesses in the litigation.
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 — Collective Bargaining Agreement Approval of the Collective Bargaining
Agreement with the International Union of
Police Associations, AFL -CIO Clermont
Police Officers Local 6013.
Item No. 2 — Approval Request Request authonzation to renew the Mutual
Police Department Aid Agreement with the Lake County
Sheriff's Office.
Item No. 3 — Approval Request Request to piggyback the Lake County B.C.C.
Purchasing Division contract with Howard Fertilizer & Chemical
Co., Inc for the purchase of agricultural
chemicals
Item No. 4 — Approval Request Request to approve list of prequalified
Purchasing Division contractors for the Community Center project.
3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
Item No. S — Approval Request Request approval of second amendment to the
Purchasing Division agreement between City and Designlab Inc.
for uniform purchases
Item No. 6 — Event Request Request use of Waterfront Park & Pavilion
TriAmerica Foundation & CFT Sommer Sports for nine Tnathlon events, with reduced fees
for 8 events, all fees waived for one event,
and Police liaison to oversee event route and
traffic control.
Item No. 7 — Event Request Request use of McKinney Park and waiver of
Christian Men in Action fees for the 8 Annual "Health Fair &
Community Awareness Day" on Saturday,
Apnl 28, 2012.
Item No. 8 — Event Request Request use of Waterfront Park and waiver of
Daughters of the American Revolution, fees for the annual Memorial Day Observance
Veterans of Foreign Wars, South Lake on Monday, May 28, 2012 from 8:00 a m. to
Marine Corp 2:00 p.m.
Item No. 9 — Scope of Services Request approval of Scope of Services from
Approval Request Tetratech in the amount of $58,540.00 to
design, permit and provide construction
services for a 3 million gallon reclaimed
water storage tank.
City Manager Saunders requested clarification of Item No. 4; Mayor Turville would like to discuss Item
No. 1; Cuqui Whitehead requested to pull Item No. 8 and Enk Strange requested to pull Item No. 5 from
the consent agenda.
Council Member Goodgame moved for the approval of the consent agenda except items
1, 4, 5 and 8; seconded by Council Member Mullins.
Item No. 1 — Mayor Turville thanked the staff and police officers as it relates to the Collective Bargaining
Agreement.
Item No. 4 — City Manager Saunders distnbuted the corrected back up for this item.
Council Member Goodgame noted the new name of Jenkins is the Clermont Community Center. City
Attorney Mantzans suggested remaining consistent until Council makes a formal change.
Council Member Goodgame moved to accept Item No. 4 with the amendment; seconded
by Council Member Mullins. The motion passed with all members present voting aye.
Item No. 5 - Erik Strange, President of the Clermont Firefighters, asked if it is in relation to the Fire
Departments contract with Designlab.
4
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
City Attorney Mantzans stated it is for all departments in the city. This amends an existing contract that
provides one minor change with regard to renewal options.
Item No. 8 — Cuqui Whitehead, 837 5 Street, suggested a wreath at Veterans Park at Crystal Lake. City
Manager Saunders noted it is done annually.
Council Member Goodgame moved that items 1, 5 and 8 be approved as discussed;
seconded by Council Member Mullins. The motion passed with all members present
voting aye
NEW BUSINESS
Item No. 10 — Variance Request Jennifer Carlson
Principal Planner Henschel presented the request for 217 Brookdale Loop in the East Lake Estates
subdivision. The applicant requested to construct a screened enclosure with a solid roof that will extend
into the 25 foot rear yard setback by 8 feet Section 86 -174 of the Land Development Code requires a
positive finding on eight items in order to grant a vanance, and staff believes there are three of the eight
that do not meet these findmgs Therefore, staff recommended denial of the variance request to reduce the
setback from 25 feet to 17 feet.
Applicant Jennifer Carlson was present requesting approval.
Mayor Turville opened the public heanng.
There were no comments.
Mayor Turville closed the public heanng.
Council Member Mullins supported the request.
Council Member Van Wagner so moved, seconded by Council Member Mullms. The
motion passed with all members present voting aye.
Item No. 11— Bid Award Purchasing Division
City Manager Saunders stated there was one bidder who provided a lower bid however the low bidder did
not meet the minimum requirements as far as experience so they were deemed unresponsive. In addition,
they did not meet the time frame provided in the bid specifications for them to protest. Staff
recommended the award to A.C. Schultes of Flonda Inc under those conditions.
Mayor Turville opened the public heanng
There were no comments.
Mayor Turville closed the public heanng.
5
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 14, 2012
Council Member Mullins moved to grant the bid to A.0 Schultes; seconded by Council
Member Goodgame. The motion passed with all members present voting aye.
Item No. 12 — Grant Opportunity Fire Department
City Manager Saunders reported the city received a safer grant a couple of years ago that provided
funding for two positions in the Fire Department That funding does end this September. When the city
accepted that grant and hired for those positions, it was advertised as temporary positions The city has
the opportunity to apply for another safer grant to retain positions that have been notified of a layoff. Staff
is proposing those two positions will be notified with the intent to layoff at the end of the grant penod but
will simultaneously apply for the new safer grant to retain those positions. It is a two year grant.
Fire Chief Bishop was present and available for questions.
Council Member Goodgame moved to allow the safer grant to be applied for; seconded
by Council Member Mullins The motion passed with all members present voting aye.
ADJOURN: With no further comments, this meeting was adjourned at 7:48pm
APPROVED:
Harold S. Turville, Mayor
ATTEST:
Tracy Ac . oyd, City e
6