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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