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12-11-2012 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 The Clermont City Council met m a regular meeting on Tuesday, December 11, 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 Van Wagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. INVOCATION Council Member Van Wagner gave the invocation followed by the Pledge of Allegiance. MINUTES Minutes of the November 13, 2012 Council Meeting Council Member Goodgame moved for the minutes of November 13, 2012 be approved as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. Minutes of the November 27, 2012 Council Meeting Council Member Goodgame moved for the minutes of November 27, 2012 be approved as submitted; seconded by Council Member Bates. The motion passed with all members present voting aye. PROCLAMATIONS Mayor Turville read the proclamation aloud declanng the week of December 3 through December 8, 2012 as Family Emergency Preparedness Week. John Markham thanked Mayor Turville for the proclamation. He is from Boy Scout Troop 70 in Lake County.He has been working with Lake County Emergency Management for his Eagle Scout ment badge project to raise awareness about the need for Lake County citizens to become more prepared for an emergency Mayor Turville presented the proclamation to John Markham. PRESENTATIONS City Manager Gray recognized Lake County Shenff Borders, Orange County Shenff Demings and his wife Val. He thanked other law enforcement agencies and the community for being present. Mr. Gray announced the appointment of Charles Broadway as the permanent Chief of Police. City Clerk Ackroyd administered the Oath of Office to Police Chief Charles Broadway and Fire Battalion Chief Thomas Bennett. Mayor Turville recessed the meeting at 7:31pm. The meeting reconvened at 7:41 pm. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2012 PUBLIC COMMENTS Cidney Kent, 543 W. Minneola Street, requested to lower the speed in a residential area or place a stop sign at the intersection of Lake and Minneola Avenue. She commended Barbara Hollerand for her assistance Betty Whitaker, Clermont Downtown Partnership,thanked the Council for support of the Arts Festival. Marvin Jacobsen was present on behalf of the Clermont Recreation Club. He extended appreciation from the shuffleboard players to thank the city for refinishing the shuffleboard courts. Jim Purvis, 4206 Hammersmith Dnve, thanked the City Council for working close with City Manager Gray to move the city forward in difficult times REPORTS City Manager Gray reported on a change order request regarding the well at the west plant City Engineer Richardson remarked the city is dnllmg a new well for the west side water treatment plant. The well construction went very well however the water quality samples had higher levels of total organic carbons. Upon further testing, the water was forming disinfection byproduct therefore the water quality would require additional treatment which is $2 million to add to the plant plus operating costs of up to $300,000. Staff proposed to drill a test well to 1600, it is currently at 600. The lower corridor tends to have better water quality as exhibited at the Greater Hills well. The additional cost is $179,035.75 and there is a credit in the amount of$67,438 making the change order amount$111,597.75. City Manager Gray remarked funds are available from the utility fund. Mayor Turville opened the public hearing.There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for the change order approval for $111,597 75 for dnllmg the well another 1,000 feet down; seconded by Council Member Mullins. The motion passed with all members present voting aye. City Manager Gray reported the traffic signal request at Diamond Players Club will be on the January 22 Council meeting agenda City Attorney Mantzans—No Report Council Member Bates thanked employees for the Light Up Clermont event and parade. Council Member Goodgame reported the Histonc Village is decorated for Christmas and will be open for tours. Council Member Mullins commented on the Light Up event and the downtown merchants are thankful for the staff all year The Food Trucks will be in downtown Fnday, January 4. It has been a successful event. 2 t 3 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 Council Member Van Wagner thanked all employees. Mayor Turville announced the second meeting in December has been cancelled. 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—Plat Approval Request approval of recording of plat for Hunter's Run Hunter's Run with Lake County. Item No. 2—Purchase Approval Request authorization to purchase four police Police Department vehicles using already approved funds from the budget FY 2012-2013. Item No. 3—Metropolitan Planning 1) Appointment to MPO Citizen's Organization Committee Appointments Advisory Committee. Susy Gibson. 2) Appointment to MPO Bicycle& Pedestnan Advisory Committee Bryan Davis. Item No. 4—Contractor Name Change Request approval for contractor name change Purchasing Division from Architects Design Group, LLC to Architects Design Group,Inc. Council Member Goodgame commented on item 3 that Susy Gibson and Bryan Davis do an excellent job on the Metropolitan Planning Organization(MPO). Council Member Goodgame moved to accept the consent agenda as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. S—Ordinance No. 2012-04-C-Land Development Code, Floodplain-Final Hearing Mayor Turville read Ordinance 2012-04-C aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances which adopts flood hazard maps, designates a floodplain administrator, adopts procedures and cntena for development in flood hazard areas, and for other purposes; adopts local administrative amendments to the Florida Building Code, amending Chapter 82 General Provisions, Section 82-12 Land Use Definitions; Chapter 94 Environmental Protection,Article II and Article III;providing for codification; severability; effective date; and publication. Planning and Zoning Director Hitt reported on the ordinance The National Flood Insurance Program is a federally subsidized flood damage insurance program administered by the Federal Emergency Management Agency(FEMA). 3 4 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 In order for residents and business owners to be eligible to purchase flood insurance, communities must adopt the most recent Flood Insurance Rate Maps(FIRM)and include within their land development code policies that comply with FEMA nummum federal regulations The Flonda Division of Emergency Management has developed a completely new model ordinance that is coordinated with the Flonda Building Code (FBC) and also satisfies the requirements of the National Flood Insurance Program (NFIP). The proposed ordinance adopts the language of the model ordinance for communities with inland flood hazards. To insure compliance with state and federal regulatory agencies, it has been reviewed and affirmed as appropriate for local approval by the Flonda Division of Emergency Management. Deviations from the model ordinance are not encouraged by the State. Staff recommended approval. Mayor Turville opened the Public Heanng.There were no comments. Mayor Turville closed the Public Heanng. Mayor Turville questioned the ability to maintain it within the Land Development Code. Planning and Zoning Director Hitt stated the regulations within each of the zoning distncts still cover the 100 year floodplain. City Manager Gray stated this is to be in compliance with the State. We have our own Land Development Codes about not developing in the floodplain and will remain in effect. City Attorney Mantzans stated there were changes made to the Flonda Building Code that impacted improvements in these areas.This ordinance enables all government agencies to be consistent. Council Member Goodgame moved for the adoption of Ordinance 2012-04-C; seconded by Council Member Mullins The motion passed 5 to 0 on a roll call vote with all members present voting aye Item No. 6—Ordinance No. 2012-03-C-Red Light Signal Violations-Final Hearing 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 relating to red light signal violations; amending Chapter 62, Traffic and Vehicles, of the City Code by amending Article III, Red Light Signal Violations, Section 62-40, Et Sequel, amending Section 62-40, Authorization; 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. City Attorney Mantzans stated the city has an existing code related to red light violations. Since then, the State Legislature has adopted the Mark Wandall Traffic Safety Program and preempted the way agencies can utilize these devices. This ordinance changes the city code to make it consistent with the Flonda Statutes and laws related to these devices and enable the city to consider and move forward with devices, if so chooses.The ordinance changes the existing code. Mayor Turville opened the Public Heanng.There were no comments Mayor Turville closed the Public Hearing. 4 I � . City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 Mayor Turville opposed red light cameras and questioned other municipalities using red light cameras. City Attorney Mantzans noted the only city to implement devices is Groveland Council Member Mullins expressed concern with red light cameras. Council Member Goodgame supported the red light camera ordinance Council Member Goodgame moved for the approval of Ordinance 2012-03-C; seconded by Council Member Van Wagner • Under discussion,Mayor Turville expressed concern The motion passed 3 to 2 on a roll call vote with Council Member Mullins and Mayor Turville opposing NEW BUSINESS Item No. 7-ATS Contract City Manager Gray reported on the proposed contract. The request is to piggyback an agreement with ATS Inc. from the City of Davie for the provider of cameras. The term of the agreement is for 3 years with auto renewals of 2 year penods. There is the ability to terminate the agreement if the system is deemed legally unenforceable There is one correction to the agreement which requires a monthly fee amount of$4,750 per camera. The provider offers a flexible payment plan if not receiving revenue to cover the monthly lease that the payments will be deferred to the end of the contract and the provider would waive the right to collect the deferred amount. The Council will have 60 days to choose intersections for a red light camera There will be a cost to the city to hire an officer to administer the red light cameras. Council Member Mullins expressed concern with the cost. City Attorney Mantzans stated the way the agreement is written from a cost perspective with a flexible payment plan, the city is only paying based on the number of issued tickets. At the end of the three year penod, if the expense has not been recovered; the agreement states they will waive the excess amount. There is not a credit nsk associated with it. This is pursuant to changes from statutory language. City Manager Gray remarked it would assist law enforcement in momtormg red light runners Mayor Turville expressed concern with red light cameras Mayor Turville opened the public heanng. Dave Holt, 1379 Legendary Blvd.,expressed concern with red light cameras. City Attorney Mantzans stated the city is the enforcement agency on a violation and is the ultimate decision maker on whether a ticket is issued. Chase Forth,939 W Desoto Street, expressed concern with red light cameras. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2012 Jim Purvis,4206 Hammersmith Dnve, supported the red light cameras. Ginger Martin suggested a traffic study and was not in favor of red light cameras. Council Member Mullins expressed concern. Council Member Bates expressed concern with the financial side of it for three years and suggested a tnal penod of time. Bob Bowman, 723 W Montrose Street, only supported a camera at intersections with a high volume of t- bone type of accidents. • Judy Proli, 1020 Everest Street, questioned the expense and suggested changing the timing of lights. Gail Ash 3365 Saloman Lane, spoke in opposition to red light cameras and suggested changing the timing of lights. Greg Parks, ATS Inc., commented it is a safety issue with accidents and violations being reduced. Also, it only takes 20 seconds to review each violation. Ginger Martin suggested doing more research before making a decision. Mayor Turville closed the public hearing Council Member Mullins expressed opposition for this as the best option for public safety. City Manager Gray noted if the agreement is approved,the city is obligated to at least one camera. Council Member Goodgame suggested 90 days for the selection of cameras Council Member Goodgame moved for the acceptance of the ATS contract item 7 with a 90 day provision for the selection of cameras: seconded by Council Member Van Wagner. The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing. Item No. 8—Resolution 2012-40, Vineyards of the World CUP Mayor Turville read Resolution 2012-40 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a conditional use permit to extend the hours of operation for a bar in the Central Business District. Planning and Zoning Director Hitt presented the request to amend their Conditional Use Permit (CUP)to extend the hours of operation for a wine bar located at 712 West Montrose Street. The City Council approved the operating hours as part of the CUP therefore an amendment is required to change the hours of operation. The request is to allow the business to serve alcoholic beverages the same hours as allowed per code. This would still prohibit sales from 2:00am to 7:00am which is the same as any other business selling alcoholic beverages. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 This is an upscale wme/beer bar that offers live entertainment, high end wine sales, light snacks and coffee. The owner has painted the building and replaced the canvas awning in front using the Façade Improvement Grant program All codes are complied with The Planning and Zoning board recommended approval. Staff recommended approval. City Attorney Mantzans remarked when the CUP was approved, more restrictive language was approved regarding the sale of alcoholic beverages than the statute allowed. The request is to remove the restnction and allow it to apply to this business the way it applies to any other business that serves alcohol. Applicant Mary Montaluo was present. She requested to have the same rights as every other business Mayor Turville opened the public heanng Jim Purvis, 4206 Hammersmith Dnve, supported the request Charlene Forth, 939 W. Desoto Street, expressed concern with extending the hours. Ginger Martin supported the request Mayor Turville closed the Public Hearing Council Member Goodgame questioned when a business cannot sell alcoholic beverages. Planning and Zoning Director Hitt clarified alcohol cannot:be sold between the hours of 2:00am to 7:00am. Council Member Goodgame moved for approval of Resolution 2012-40: seconded by Council Member Mullins. Under discussion, Mayor Turville questioned a restriction related to music outside. Planning and Zoning Director Hitt stated if it became an issue, it would fall under the code Council Member Goodgame called for the question. City Attorney Mantzans stated there is a noise ordinance in the city that could be applicable. Mayor Turville suggested if noise becomes a problem, the applicant would have to return to Council. Council Member Goodgame agreed to add the statement to the motion -if noise becomes a problem, the applicant would have to return to Council. Council Member Mullins seconded the motion and agreed to the amendment The motion passed with all members present voting aye. Mayor Turville recessed the meeting at 10:00pm. The meeting reconvened at 10:10pm. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11,2012 Item No. 9—Police Department Review City Manager Gray presented three components of a review of the Police Department. He reviewed two options of the assessment. Option A is a proposal from the International Association of Chiefs of Police. The scope would include a comprehensive review and one-on-one interviews with every employee in the Police Department. This assessment would take approximately four months and will cost $30,000 not including travel, lodging, report production and printing. Option B is a review conducted in house by the City's management team with no cost to the city The second phase is allegations. In the event wrongdoing or cnminal action allegations are received,they can be investigated. Lake County Sheriff Borders commented if a complaint is received of a cnminal nature, he suggested turning an investigation over to the Florida Department of Law Enforcement. Then, they would decide whether to investigate the allegations out of the Orlando or Tallahassee office depending on the severity of the complaint. City Manager Gray stated the purpose for this phase would be for any employee or citizen to submit information pertaining to any wrongdoing by the Police Departmetit to Mr Gray. Then, he would submit the information to the Florida Department of Law Enforcement to investigate all cnminal allegations. Then, report back to the City Council. Mr. Gray suggested a time frame of 30 days to report any allegations to the City Manager. Furthermore,the Police Department is an accredited agency and requires reaccreditation every three years and will be in November 2013. There will be a team of professionals reviewing policies and procedures. Council Member Bates questioned the accreditation process:Sherff Borders remarked it is a rigorous process.The team reviews policies and procedures. Council Members Mullins and Bates expressed support for option B if the community is okay with it. Council Member Van Wagner preferred the assessment be conducted from an outside agency. Mayor Turville opened the Public Heanng. Jim Purvis,4206 Hammersmith Drive,recommended option A to have an outside agency review. Dave Holt, 1379 Legendary Blvd., supported the option for an outside agency to review. Ginger Martin, supported the option for an outside agency. Charlene Forth, 939 W. Desoto Street, expressed concern with assistance from the Lake County Shenff's Office. She supported option B however suggested sending allegations out of the county. Bob Bowman, 723 Montrose Street, expressed support for staff conducting an in house investigation of the Police Department. Council Member Van Wagner moved for an assessment by the International Association of Chiefs of Police to be done; seconded by Council Member Bates. Under discussion, Council Member Van Wagner urged support from the Council and commented on the value of having an outside agency review the Police Department. 8 1 City of Clermont MINUTES REGULAR COUNCIL MEETING December 11, 2012 Mayor Turville questioned their mvolvement if cnminal activity is found. City Attorney Mantzans stated the proposal submitted involved reviewing standard procedures related to the Police Department and includes a personal interview with every member of the Police Department. If these interviews revealed information that could lead to a criminal investigation then at that point it would be turned over to another agency. They would ask the city to identify the agency to communicate that information to in advance The proposal is for current employees to be interviewed. Council Member Goodgame and Mullins would also like to include former employees. The motion passed with all members present voting aye. The Council discussed the agency to send potential allegations to. City Manager Gray supported sending allegations to FDLE in Tallahassee Council Member Mullins preferred to send to a branch with' minimal connection to our Police Department. Lake County Shenff Borders commented the city can request the FDLE office in Tallahassee. City Attorney Mantzans advised if there is a criminal allegation, the chief law enforcement officer of the jurisdiction is responsible for how an investigation moves forward.He suggested the City Council explain to the City Manager and then the Police Chief to decide where it goes from there m the best interest of the city and based on allegations received. He expressed concern with non law enforcement officers participating in the direction of an investigation as it could jeopardize an investigation. Dave Holt, 1379 Legendary Blvd., commented it is appropriate to have directive from Council on this allegation. Jim Purvis,4206 Hammersmith Drive,agreed with the previous comments. City Attorney Mantzans noted the Chief of Police and City Manager has received clear direction from Council. City Manager Gray noted he has clear direction from Council to turn it over to FDLE in Tallahassee. Police Chief Broadway concurred to send all allegations to FDLE in Tallahassee. I City Manager Gray noted there will be a 30 day window to accept allegations. ADJOURN: With no further comments,this meeting was adjourned at 11.02pm. p p ! . I is `� _ !- ;_� 4' Turville, Mayor ATTEST: .- Ste{ _ . ,// _/ - Tracy/ckroyd,City C ," 9