11-13-2012 Regular Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
The Clermont City Council met in a regular meeting on Tuesday, November 13, 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, Bates and VanWagner Other City officials
present were City Manager Gray,City Attorney Mantzans and City Clerk Ackroyd
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance
ELECTION RESULTS
City Clerk Ackroyd read the election results aloud Timothy Bates received 6,794 votes and Tim Murry
received 5,411 votes for the Clermont City Council Seat 1
Council Member Mullins moved to accept the results, seconded by Council Member
Goodgame The motion passed with all members present voting ave
OATH OF OFFICE
City Clerk Ackroyd administered the Oath of Office to newly elected Council Member Bates for Seat 1,
Mayor Turville for Seat 3 and Council Member Van Wagner for Seat 5
MINUTES
Approval of Minutes of October 9, 2012 Council Meeting
Council Member Goodgame moved to approve the minutes of October 9, 2012, seconded
by Council Member Mullins The motion passed with all members present voting ave
PUBLIC COMMENTS
Walt Martin, 2440 Praine Dunes, thanked Recreation Manager Teske, James Kilgore, and Intenm Police
Chief Broadway for their assistance with a meeting held at the Waterfront Pavilion
Anthony Chase presented a program to benefit the city called Police Athletic League (PAL) and provided
information about the program
Ginger Martin, 2440 Prairie Dunes, requested the city remain fiscally responsible and commented on the
traffic signal to be discussed at the workshop noting there are other intersections requiring attention
Jim Purvis, 4206 Hammersmith Dnve, questioned an informational meeting invitation received from
Cemex regarding a proposed new project in south Lake County
City Manager Gray remarked Cemex is talking to Lake County about submitting an application for the
sand mine It would require a Conditional Use Permit with Lake County If that occurs, the city will have
the opportunity to comment on the project and send to Lake County They are doing due diligence in
setting up community meetings
Judy Proh, 1020 Everest Street,commented on the need for traffic signal at Diamond Players Club Dnve
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13,2012
REPORTS
City Manager Gray reminded Council of the Workshop scheduled for Wednesday,November 14, 2012
The Council agreed to change the workshop time to 7 OOpm
City Attorney Mantzans—No Report
Council Member Goodgame read a letter aloud from a Kings Ridge resident commending Public Services
employee David Vandever for his involvement in dealing with a subcontractor He reported on an
increase to the number of visitors to the Histonc Village The replica of the school house is near
completion and is in need of a roofing company to install a metal roof He invited the community to the
5K race this Saturday and the Holidays at the Village event December 7 - 23 The homes will be
decorated for Christmas and a train will be available to bnng people to the village
Council Member Mullins commented the 2"" Annual Downtown Art Festival was a success and invited
the community to the annual Light Up Clermont event on November 30 with the parade on December 1
_ Council Member Van Wagner congratulated newly elected Council Member Bates
Council Member Bates thanked the community for this opportunity to make good decisions for the City
of Clermont He reported on attending the South Lake Sector Plan meeting last week
Mayor Turville welcomed Council Member Bates to the City Council
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—Bid Award Request authonzation to award Clyde
Armory, Inc the bid to purchase thirty (30)
nfle sights for the Police Department
Item No. 2—Approval Request Request approval to designate Xylem Water
Purchasing Division Solutions USA, Inc as a sole source for Flygt
pumps, parts and repair for the City lift
stations and award Xylem Water Solutions
USA, Inc a term contract for purchase of
pumps,parts and repairs
Item No. 3—Plat Approval Request approval of recording of plat for
Sandhi!!Commons Lot I, Una 11 Sandhill Commons Lot I, Unit II — Hobby
Lobby
Item No 4—Scope of Services Request approval of Scope of Services from
Engineering Department AECOM to design the roundabout and trail
realignment identified in the Inland Groves
Master Plan for$75,000 00
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
Item No. 5—Scope of Services Request approval of Scope of Services from
Engmeenng Department Tetra Tech to perform professional
engmeenng services to upgrade the existing
utility-wtde SCADA system and computer
architecture for$111,800 00
Item No. 6—Scope of Services Request approval of Scope of Services from
Engineering Department Tetra Tech to provide professional
engineenng services to design, permit and
perform construction administration services
for new water main for$54,977 00
Item No. 7—Approval Request Requesting authonzation to purchase a new
Engmeenng Department trailer for the mobile Construction Crew's use
from All Pro Of Yullee, Inc for$5,590 00
Item No. 8—Cancellation of Council Meeting Request iuthonzation to cancel the December
25th Council Meeting
Jim Purvis requested to pull item 1 from the consent agenda
City Manager Gray commented on Item 2, pulled item 4 to bnng back to Council, amended item 6
reducing the amount to $28,840, and commented on item 8 if needed, we could meet as a Special
Meeting
Item No 1 - Jim Purvis, 4206 Hammersmith Dnve, questioned the need for the purchase City Manager
Gray stated this was a grant the city applied for and specifically applied for this item
Mayor Turville questioned the Request for Proposal process with the AECOM scope of services City
Engineer Richardson remarked AECOM is a continuing engmeenng services contract and was selected
for this type of work Staff has pulled this item because the cost seems too high City Attorney noted these
are contracts the city ongnally awarded after going through the consultants competitive negotiation act
Council Member Goodgame moved to approve the amended consent agenda, seconded
by Council Member Mullins The motion passed with all members present voting ave
UNFINISHED BUSINESS
Item No. 9 Resolution No. 2012-36
Mayor Turville read Resolution 2012-36 aloud by title only
A Resolution of the City Council of the City of Clermont, Lake County, Flonda, granting
a Conditional Use Permit to allow a car wash facility in the C-1 Light Commercial
Zoning District
Principal Planner Henschel presented the Conditional Use Permit request to allow for a car wash facility
in the C-1 Light Commercial Zoning District The applicant proposed to construct a new car wash and oil
change facility adjacent to the Race Trac Convenience Store on Highway 27 and Citrus Tower Blvd
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
Automotive services are designated as requiring a Conditional Use Permit within the C-1 Zoning District
The car wash facility will offer an automated wash tunnel, vacuum stations, detail bays, and oil change
bays Approximately 5 to 7 employees will staff the car wash throughout the day, and have a total of
about 12 employees The car wash tunnel will incorporate a reuse system that will recycle approximately
75 percent of the water used for washing cars Staff recommended approval and provided information on
water usage of existing car washes based on questions from the previous Council meeting
Jimmy Crawford, Esq, was present on behalf of the owner, South Lake Connector, LLC He noted design
standards are not typically discussed dunng Conditional Use Permit approvals The new conceptual
design was presented He proposed a row of plants or trees as a buffer The building will be in earth tone
colors to match Race Trac with a red and white stripe The open design concept has been changed to a
modified tunnel design He suggested either a knee wall or railing combined with two rows of
landscaping to serve as a buffer
Dave Pearsy reviewed the overall design of the parcel
Mayor Turville opened the public heanng
Jim Purvis, 4206 Hammersmith Dnve,preferred a knee wall rather than a railing
Mayor Turville closed the public heanng
Council Member Goodgame disclosed he met with Jimmy Crawford and did not review the drawings
Council Member Bates questioned the roof line view from Highway 27
Rick McCoy, McCoy and Associates, stated council has approved the grading plan for this project The
roof line will be lower than the canopy on Race Trac
Council Member Mullins questioned the aesthetics from Citrus Tower Blvd Mike Latham, Gatorsktch
Architects, stated the back side will be a split block material that matches Race Trac
Council Member Goodgame requested to view drawings of the proposed car wash
Mayor Turville questioned the visibility of equipment Mr Pearsy stated there will be equipment visible
based on how far the facade comes down from the roof lme and whether a knee wall is built There will
be equipment housed in the mechanical room, not visible to anyone The only visible equipment will be
that which is washing the car Furthermore, the car wash industry has changed with more of an open
design
Council Member Goodgame expressed concern with the design
Mr Crawford stated the applicant would be willing to enclose the car wash tunnel if that is the desire of
the Council
Council Member Mullins supported the proposed design to include the red and white stripe
Council Member Bates concurred
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
Council Member Mullins moved to approve with the changes made by staff and applicant
and facade and landscape
Mayor Turville questioned conditioning the request if unacceptable
City Attorney Mantzans expressed concern with conditioning the request
The motion died due to the lack of a second to the motion
Council Member Goodgame would like it to resemble the filling station
City Manager Gray suggested Council move on with the agenda and have staff pnnt photographs to
present to Council
Mayor Turville requested the applicant wait and move on to the next item
NEW BUSINESS
Item No. 10 Resolution 2012-38
City Clerk Ackroyd read Resolution 2012-38 aloud by title only
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
expressing its desire to promote business climate,great service,job creation,and business
investment, providing for an effective date
Planning and Zoning Director Hitt reported this is a program that creates a streamline permitting process
to get businesses into the city and open m a shortened time frame It focuses on customer service and
mm,m,zing cost with the application process to include an online permitting program
City Manager Gray remarked Myregion org sponsored this to be more competitive as a business It is an
effort to streamline the permitting process
Council Member Goodgame questioned the cost City Manager Gray stated this is not a commitment to
do online permitting, it is a commitment to focus on streamlining the permitting process
Mayor Turville commented to agree with the intent
Mayor Turville opened the public heanng
Charlene Forth, 939 W Desoto Street,agreed with the concept
Mayor Turville closed the public hearing
Council Member Van Wagner moved to support, seconded by Council Member Bates
The motion passed with all members present voting ave
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13,2012
Item No. I1 Police Department Assessment
City Attorney Mantzans stated when initially tasked with the role of finding a third party entity to review
and evaluate the Police Department, he contacted individuals to perform the task There were two who
made a presentation to Council at a workshop in August Then, Council asked for a third presenter City
Attorney Mantzans has secured other individuals to perform the task if Council would like to continue
He requested Council provide direction on reviewing the Police Department
The Council discussed whether to hire a consultant
City Attorney Mantzans stated after the last Council Workshop, he received information from three other
individuals to provide their services The Council tasked his office with this responsibility however
typically the City Manager is involved in this process
City Manager Gray suggested the Council allow him to work with Interim Police Chief Broadway and
return to Council with a recommendation
Mayor Turville opened the public hearing
Jim Purvis,4206 Hammersmith Drive, expressed support for Council to consider a consultant
Dave Holt, 1379 Legendary Blvd , supported an independent assessment review and suggested a
professional process of hiring a Police Chief
Charlene Forth,939 W Desoto Street, suggested the Council task the responsibility to the City Manager
Les Booker,3945 Eversholt Court, supported a review by a professional organization
Mayor Turville closed the public heanng
City Attorney Mantzans noted he has spoken to the Department of Justice, Florida Department of Law
Enforcement, Florida Association of Chiefs of Police and International Association of Chiefs of Police
They will do cultural assessments, procedural reviews and employee interviews for morale purposes
They will not do a full investigation into alleged criminal activity without specific allegations of
misconduct that reach to a criminal level
Council Member Mullins moved to hire a professional to do the cnminal allegations,
seconded by Council Member Van Wagner
Council Member Mullins stated if we have no specific allegations we will need someone to look into
complaints He expressed interest in a criminal review of the Police Department
Mayor Turville suggested a motion to direct staff to locate an organization to do the review
City Attorney Mantzans advised if Council would like to hire an organization, he has a proposal from the
International Association of Chiefs of Police to do a cultural assessment and includes an interview with
all personnel in the Police Department It involves a process of interviews, survey and a review of every
member of the department, protocols and procedures and then presents the information to the city Their
fee is$30,000 plus reimbursement for direct expenses
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
Council Member Mullins moved to proceed with having the City Manager find someone
to do the review of the Police Department, seconded by Council Member Van Wagner
The motion passed with all members present voting aye
The Council resumed the discussion of Item No 9 Resolution 2012-36
Mr Crawford presented a pnnted picture as it appears under construction in another city It will be at the
same elevation The poles are structural steel and will be wrapped in neutral split block with 2 to 3 inches
wide
Council Member Goodgame expressed concern with the wavy lines
Principal Planner Henschel noted the wavy lines are not against the city code
City Manager Gray stated they will have to adhere to architectural standards
City Attorney Mantzans clanfied the Council is involved in a Conditional Use Permit review The use is
not permitted in the city code however with appropnate conditions that protect the public health, safety
and welfare and are consistent with the neighborhood,the Council can approve a use that is not otherwise
permitted as long it places conditions on it The conditions have to be reasonably related to public health,
safety and welfare and consistent with the neighborhood
Council Member Van Wagner expressed support
Council Member Mullins moved to grant the request for the Conditional Use Permit
along with the amendments to put in a knee wall, wrap metal poles with split block
matching the back of the building, paint the office building a brown to match or
compliment the Race Trac building, landscapmg and potted plants instead of 3 foot of
grass, and red and white stripe, seconded by Council Member Van Wagner
Under discussion, Mayor Turville questioned imgation for the potted plants Mr Crawford responded it
will be irrigated
The motion passed 4 to 1 with Council Member Goodgame opposing
Item No. 12 Ordinance No 2012-02-C Introduction
Mayor Turville read Ordinance 2012-02-C aloud by title only
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,
Lake County, Florida, amending the Code of Ordinances, Chapter 102 Signs, Section
102-7 Exempt Signs, Section 102-8 Prohibited Signs, Exceptions, Section 102-23
Changeable Copy Signs, Chapter 118 Vegetation, Article II Landscaping, Section 118-38
Vehicular Use Area Intenor Landscaping, Providing for codification, severability,
effective date, and publication
Council Member Mullins moved to introduce Ordinance 2012-02C, seconded by Council
Member Goodgame The motion passed with all members present voting ave
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13,2012
Item No. 13 Ordinance No 2012-03-C Introduction
Mayor Turville read Ordinance 2012-03-C aloud by title only
An Ordinance of the Code of Ordinances of the City Council of the City of Clermont,
Lake County, Flonda related to Red Light Signal Violations, amending Chapter 62,
Traffic and Vehicles, of the City Code by amendmg Article III, Red Light Signal
Violations, Section 62-40, Et Sequel, amending Section 62-40, Authonzation, deleting
Sections 62-41 through 62-49, creating new Section 62-41, Mark Wandall Traffic Safety
Program Adopted, and providing for severability, conflict, codification and an effective
date
Council Member Goodgame moved to introduce Ordinance 2012-03C, seconded by
Council Member Van Wagner The motion passed 4 to 1 with Council Member Mullins
opposing
Item No. 14 Ordinance No 2012-010-M Introduction
Mayor Turville read Ordinance 2012-10-M aloud by title only
An Ordmance of the City Council of the City of Clermont, Lake County, Flonda,
providing for the annexation of a certain parcel of land contiguous to the present city
boundaries, providing for an effective date, severability, recording, and publication
Council Member Goodgame moved to introduce Ordinance 2012-IOM, seconded by
Council Member Mullins The motion passed with all members present voting aye
Item No 15 Ordinance No 2012-11-M Introduction
Mayor Turville read Ordinance 2012-11-M aloud by title only
An Ordinance of the City of Clermont, Lake County, Flonda, adopting the Small Scale
Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant to the Local
Government Comprehensive Planning Act, Chapter 163, Part H, Florida Statutes, setting
forth the authority for adoption of the Small Scale Comprehensive Plan Amendment,
setting forth the purpose and intent of the Small Scale Comprehensive Plan Amendment,
providing for the adoption 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
Council Member Goodgame moved to introduce Ordinance 2012-1IM, seconded by
Council Member Mullins The motion passed with all members present voting aye
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
Item No. 16 Ordinance No. 2012-12-M Introduction
Mayor Turville read Ordinance 2012-12-M aloud by title only
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Flonda amending the official zoning map of the City of Clermont referred to in Chapter
122 of Ordinance No 289-C, Code of Ordinances, rezoning the real properties descnbed
herein as shown below, providing for severability, effective date, and publication
Council Member Goodgame moved to introduce Ordinance 2012-12M, seconded by
Council Member Mullins The motion passed with all members present voting ave
Item No. 17 Ordinance No. 2012-13 41 Introduction
Mayor Turville read Ordinance 2012-13-M aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Florida,
providing for the annexation of a certain parcel of land contiguous to the present city
boundaries, providing for an effective-date, severability, recording, and publication
Council Member Mullins moved to introduce Ordinance 2012-13M, seconded by Council
Member Goodgame The motion passed with all members present voting aye
Item No. 18 Ordinance No. 2012-14-M Introduction
Mayor Turville read Ordinance 2012-14-M aloud by title only
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County,
Florida amending the official zoning map of the City of Clermont referred to in Chapter
122 of Ordmance No 289-C, Code of Ordinances, rezoning the real properties described
herein as shown below,providing for severability, effective date, and publication
Council Member Mullins moved to introduce Ordinance 2012-14M, seconded by Council
Member Goodgame The motion passed with all members present voting aye
Item No. 19 Ordinance No 2013-01 Introduction
Mayor Turville read Ordinance 2013-01 aloud by title only
An Ordinance of the City Council of the City of Clermont, Lake County, Florida,
adopting a Comprehensive Plan Amendment for the City of Clermont, Flonda, pursuant
to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida
Statutes, setting forth the purpose and intent of the Comprehensive Plan Amendment,
establishing the legal status of the Comprehensive Plan Amendment, providing for
severability, conflict and an effective date
Council Member Mullins moved to introduce Ordinance 2013-01, seconded by Council
Member Goodgame The motion passed with all members present voting aye
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
November 13, 2012
ADJOURN: With no further comments, this meeting was adjourned at 9 54pm
APPROVED.
'!" •' Turville,Mayor
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