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05-08-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 The Clermont City Council met in a regular meeting on Tuesday, May 8, 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 Van Wagner gave the invocation followed by the Pledge of Allegiance. Mayor Turville noted the agenda would be amended. The Pig on the Pond update will be presented at the May 22 Council meeting. MINUTES Approval of Minutes for April 24, 2012 Council Meeting Council Member Goodgame moved to amend the minutes on page 2 under Council Member Goodgame's report to change the term realignment to restriping of N. Hancock Road. Council Member Goodgame moved to approve the April 24, 2012 minutes as corrected; seconded by Council Member Mullins. The motion passed with all members present voting aye. PROCLAMATIONS Mayor Turville read the Mayor's Election Proclamation aloud Mayor Turville read the National Public Works Week proclamation aloud, declanng May 20 — 26 as National Public Works Week. Mayor Turville read the National Epsilon Sigma Alpha Week proclamation aloud, declanng May 7 — May 11 as National Epsilon Sigma Alpha Week. Pinky Barbour was present to accept the proclamation. PUBLIC COMMENTS Cuqui Whitehead, 837 5th Street, thanked Ann Dupee for her service to the community. Also, commented the American Juneteenth celebration will be held on June 16 at Jenluns Auditorium. Mike Latham, Vice President of Clermont Downtown Partnership, thanked the Council and staff for a successful Food Truck Rally event held on Fnday. He thanked the Police Department for the use of the sign and requested permission to use the sign for the next event. City Manager Saunders suggested waiting and he would report back to Council on the request. Gmger Martin, 2440 Praine Dunes, requested the Council vote at this meeting on the traffic signal at Hancock and Northridge Road that it is a warranted traffic signal. Mayor Turville asked staff to prepare an agenda item for placement on the next meeting agenda. Tim Murry, 574 E. Desoto Street, commented on the history of Juneteenth. He expressed concern with the traffic fight at Grand Highway and State Road 50. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 Mr. Murry also requested the city add a street light on Scott Street between E Desoto Street and E. Juniata Street. Furthermore, he requested improvements along E. Montrose Street and Highland Avenue to include trees and sidewalks. Jim Purvis, 4206 Hammersmith Dnve, commented on a residents concern with his water bill Mayor Turville asked staff to look into it. Also, Mr. Purvis requested an update on the Council Chambers audio system. City Manager Saunders replied funds have been proposed in the next budget for an upgrade Mayor Turville asked staff to place on the next workshop agenda. REPORTS City Manager Saunders suggested scheduling a Ground Breaking ceremony for the Clermont Community Center. The Council tentatively scheduled it for Fnday, May 18 at 9:OOam. City Attorney Mantzans — No Report Council Member Hogan — No Report Council Member Goodgame reported the food providers will hold another food drive the week of May 19 through May 25. The Community Foundation has set up a website to donate money at www cfslc org. The Postal Workers and Boy Scouts food collection drive will be this month. Also, the South Lake County Histoncal Society will dedicate their World War II museum honoring all veterans. The ceremony will begin at 10am on Saturday, May 19. The museum is a converted World War II Quonset Hut. Council Member Mullins reported on the Earth Day sidewalk chalk art event held on April 28 and thanked Recreation Manager Dave Teske and the Recreation Department for their assistance. The contest winner's artwork is currently displayed in the first floor lobby of City Hall Council Member Van Wagner commented on the Food Truck Rally event. Tim Murry clarified the Postal Workers and Boy Scouts food collective dnve will be held this Saturday, May 12. Mayor Turville reported on the history of the Quonset Hut and encouraged all to attend the event at Historic Village. 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. I — Task Authorization #2 Request approval of Task Authorization #2 Approval Request agreement between the City and Magellan Purchasing Division Advisors, LLC to provide conceptual technical design and capital and operating cost projections of the broadband network m the amount of $12,500.00 with budget amendment from Infrastructure Sales Tax Fund. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 Item No. 2 — Approval Request Approve contract between CI Technologies, Purchasing Division Inc. and the City to provide an early identification and intervention software for Police Department. Item No. 3 — Approval Request Request approval of ranking results of Purchasing Division consultants to provide an impact fee, study. Item No. 4 — Approval Request Request to piggyback the City of Orlando Purchasing Division cooperative contract with DPC Enterprises, L.P. for chlorine cylinders. Item No. 5 — Plat Approval Request approval of recording of plat for Heritage Hills Heritage Hills Phase 5A. Item No. 6 — Grant Opportunity Request authorization to submit grant request Police Department to the Florida Department of Transportation Highway Safety Impaired Dnver Grant Program Item No. 7 — Grant Opportunity Request authonzation to submit grant request Police Department to the Met -Life Foundation Community- , Police Partnership Award. Council Member Goodgame moved for approval of the consent agenda as presented., seconded by Council Member Mullins. The motion passed with all members present • voting aye. UNFINISHED BUSINESS Item No.8 — Ordinance No. 2012-01C Final City Manager Saunders reported the Council approved the new collective bargaining agreement with the Police Officers local union in February and made changes regarding calculating retirement benefits and this ordinance reflects those changes. Mayor Turville read Ordinance 2012 -01C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, amending and restating the City of Clermont Police Officers' Pension Trust Fund, as adopted by Ordinance No. 304 -C; providing plan _ benefit revisions; providing for severability of provisions; repeating all ordinances in conflict herewith; and providing an effective date. Administrative Services Director Van Zile commented these were changes included in the Flonda Legislature in 2011. These changes were negotiated with the Police Officers union included in their contract approved in February. This ordinance formally amends the pension plan for these changes. Mayor Turville opened the public heanng. There were no comments. 3 I City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 Mayor Turville closed the public hearmg. Council Member Goodgame moved for the approval of Ordinance No. 2012 -01 -C; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote. NEW BUSINESS Item No. 9 — Event Request South Lake Child Development Center City Manager Saunders presented the request to hold their end of year awards breakfast on May 17 and graduation ceremony on May 24. They have asked for all fees to be waived for those dates. This request is for the Head Start program Council Member Mullins moved to grant the request; seconded by Council Member Van Wagner. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, expressed concern with the use of city staff. Jim Purvis, 4206 Hammersmith Dnve, noted his comments reflect for both agenda items 9 and 10. The city set rates for these facilities and readdressed the rates for non - profit groups. He suggested the Council either uphold the approved rates or allow charitable organizations to use it for free Mayor Turville closed the public hearing. Council Member Goodgame preferred to uphold the rates. Council Member Hogan recommended the Council charge accordingly. Council Member Mullins commented this group is a federally government funded agency and prefers to not charge Head Start. Council Member Van Wagner recommended granting the request. The motion passed 3 to 2 with Council Members Hogan and Goodgame opposing. Item No. 10 — Event Request South Lake High School 's Booster Program City Manager Saunders presented the request to use the Waterfront Park picnic pavilion and trail for a 5K walk/run on June 16. Funds raised will be used for the football program. The request is for the fees to be waived Patty Thompson, Treasurer of South Lake High School football program, requested use of the picnic pavilion and South Lake Trail at Waterfront Park to hold a 5K as a fundraiser for the football program. Council Member Goodgame questioned how the city would give them full use of the trail. City Manager Saunders they would have to share the trail with others. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 Council Member Goodgame moved for approval of the event request by the South Lake High School band booster program. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5 Street, suggested a designated sign on their cars to waive fees. City Manager Saunders stated there is a procedure in place for that. Jim Purvis, 4206 Hammersmith Dnve, spoke m favor of it. Mayor Turville closed the public hearing. Council Member Goodgame noted this request is not for the Highlander Pavilion. The motion was seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No.11 — Pioneer Agreement Clermont Motor Sales (Toyota) City Manager Saunders presented the agreement. Toyota will be opening a facility on State Road 50; it is within the city's Utility Service Area. There is a need for a major water transmission line from County Road 455 along old Highway 50 to Autoplex Lane. It was ongmally planned to serve Plaza Colima. There is only a single line that serves all facilities in that area. The master plan shows a loop system for reliability of the system. The city has negotiated a Pioneenng Agreement with Toyota. The agreement provides for Toyota to install the line as part of their project development with reimbursement from impact fees collected as future users connect to the line. Toyota representatives and city staff agree with the terms of the agreement and requested approval. Mayor Turville opened the public heanng. Jim Purvis, 4206 Hammersmith Dnve, questioned if the proposed water line would be sized to handle future growth. City Manager Saunders confirmed that it would. Mayor Turville closed the public hearing. Paul Chipok, Esq., Gray Robinson, was present on behalf of Toyota of Orlando and Clermont Motor Sales, stated he was in agreement with the Pioneenng Agreement as presented by City Manager Saunders and was available for questions. Council Member Mullins moved to approve the agreement; seconded by Council Member Goodgame. The motion passed with all members present voting aye. Council Member Goodgame noted the hearing with the Lake County Commission regarding Toyota's Development Plan will be on May 22. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING May 8, 2012 Item No. 12 — Extension of Prohibition of Simulated Gambling Devices (Ordinance No. 2011 -0SC) City Attomey Mantzaris reported this item was before the Council in October The City Council adopted an ordinance prohibiting the use of simulated gambling devices within the City of Clermont. The ordinance contained a delayed enforcement date until May 1, 2012 with regard to existing establishments utilizing these devices in the city. At the time the ordinance was adopted, it was suggested to the Council the abated enforcement penod was needed to address pending issues and anticipated the State Legislature would adopt regulations related to these devices. However, the State Legislature did not adopt any new laws on simulated gambling devices in this past legislative session. The ordinance adopted by the city was patterned after Seminole County and there is pending litigation involving Seminole County. The Court of Appeal upheld the preliminary decision regarding the Seminole County ordinance however it did not decide the issue and is set for a trial to occur in January 2013 to decide. As a result, the city was contacted by an attorney representing the existing establishment in the City of Clermont requesting the city to consider extending the abatement period until the conclusion of the litigation anticipated for January 2013. As the city's legal advisor, City Attorney Mantzaris recommended the Council extend the abatement proceedings contained in the ordinance until March 1, 2013 At that time, the city will have more information on enforceability of the ordinance and a greater ability to enforce it at the best interest of the city. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Hogan moved to go along with City Attorney Mantzaris ° recommendation to March 1 seconded by Council Member Mullins. The motion passed with all members present voting aye. ADJOURN: With no further comments, this meeting was adjourned at 8:12pm. APPROVED: r V .� • arold . Turville, Mayor wy ATTEST: Y_ oyd, City r' lerk Tracyvr 6