08-27-2013 Regular Council Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27,2013
The Clermont City Council met in a regular meeting on Tuesday, August 27, 2013 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 Mantzaris and City Clerk Ackroyd.
INVOCATION
Council Member Goodgame gave the invocation followed by the Pledge of Allegiance
PRESENTATIONS
James Kinzler, Environmental Services Director, introduced Tom Bartol, P. E., Chief, Bureau of Water
Supply for St. Johns River Water Management District. Mr. Bartol presented the Central Florida Water
Initiative Regional Water Supply Plan. He highlighted water usage in the Central Florida area and
reviewed the public involvement schedule. The next phase is coordinating a solutions team to meet future
water demands. He further discussed lake levels.
Lake County Commissioner Parks expressed concern with the lake levels in the Clermont Chain of Lakes.
He requested a Water Summit with the City of Clermont in November.
Betty Bethune and Martha Nolte, National Society Daughters of the American Revolution, presented the
city with an American Flag.
PROCLAMATIONS
Mayor Turville read the proclamation aloud declaring September 17—23, 2013 as Constitution Week and
presented it to Martha Nolte of the Daughters of the American Resolution.
Mayor Turville read the proclamation aloud declaring September 6,2013 as Local Works Day.
PUBLIC COMMENTS
Jim Purvis, 4206 Hammersmith Drive, commented on the presentation of the Central Florida Water
Initiative. Furthermore,he commended the Sanitation staff.
Gustavo Ortiz, 470 Rob Roy, commented on the Lake County Commissioners decision to cut funding to
two (2) Lynx bus routes in south Lake County. He requested support from the city to subsidize the cost
and coordinate with Lake County.
Council Member Goodgame noted the Metropolitan Planning Organization (MPO) has discussed
reducing the number of buses.
Council Member Mullins noted the attention has been to focus on local jobs for local residents.
Wally Herda questioned the field on Highway 27 being a code violation for not being mowed.
City Manager Gray noted the property was mowed. Pine trees were planted on the property and did not
mow in between. Staff will contact.
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REGULAR COUNCIL MEETING
August 27, 2013
Ann Dupee, 389 Division Street,presented a framed photo to the City from the Clermont Centennial 1884
— 1984. She further commented the residents raised thousands of dollars to build Palatlakaha Park and it
is currently in poor condition.
City Manager Gray noted it is in the next year's budget.
REPORTS
City Manager Gray reported on upcoming meetings: City Council workshop scheduled for 6:00pm on
September 10; First Budget Public Hearing scheduled for 6:00pm on September 12; Final Budget Public
Hearing on September 26 at 6:00pm and a Community Redevelopment Agency (CRA) meeting at
6:30pm September 24 to approve the CRA budget.
City Attorney Mantzaris—No report.
Council Member Bates—No report.
Council Member Goodgame reported the annual 9/11 ceremony will be held at Fire Station No 1 on
September 11 at 9:00am.
Council Member Mullins—No report.
Council Member Van Wagner—No report.
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-Meeting Minutes Request approval of the Regular
Council Meeting Minutes of July 23,
2013
Item No. 2-Primary Election Results Request acceptance of the Primary
Election results
Item No. 3-Meeting Cancellations Request authorization to cancel the
second Council Meetings scheduled
in the months of November and
December 2013
Item No. 4- Grant Application Request approval to submit a SAFER
grant application for 9 new firefighter
positions
Item No. S-Plat Approval Request approval of Hunters Run
Phase 2 plat
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REGULAR COUNCIL MEETING
August 27, 2013
Item No. 6—Additional Positions Request approval to add up to six
new part-time Crossing Guard
positions within the Police
Department
Jim Purvis pulled item number 6 from the consent agenda.
Council Member Goodgame pulled item number 5 from the consent agenda.
Council Member Mullins moved to accept consent agenda items 1 through 4; seconded
by Council Member Goodgame. The motion passed with all members present voting aye.
Item No. 5 - Council Member Goodgame expressed concern with the retention pond. He requested a
hydraulic survey on this property and suggested the Council not approve the plat.
City Manager Gray suggested Council table to allow staff time to research and report back to Council.
Kimberly Day, Hartwood Pines Homeowners Association President,expressed concern
Council Member Bates moved to table; seconded by Council Member Mullins.
A representative of Standard Pacific Homes committed to properly maintain the buffer.
Brian Denham, Engineer, noted landscape buffers are not required between residential properties. Also,
the hydraulic survey was conducted and documents are reviewed by the City Engineer.
The motion passed with all members present voting aye.
Item No. 6 —Jim Purvis, 4206 Hammersmith Drive, questioned the reason for the Crossing Guards. City
Manager Gray responded it is the direct result of the Lake County School Board eliminating courtesy
busing.
Council Member Goodgame moved to approve item 6; seconded by Council Member
Mullins.
Council Member Bates requested to condition the motion if the school board changes
their policy on the buses; this can be removed and does not need the additional
employees.
Council Member Goodgame agreed to amend the motion with the condition.
The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. 7—Ordinance No. 2013-17 Final Hearing
Mayor Turville read Ordinance 2013-17 aloud by title only.
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REGULAR COUNCIL MEETING
August 27,2013
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 34 Environment,
Section 34-65 Exceptions; Chapter 98 Parking and Vehicular Use Areas, Section 98-3
Parking Spaces; Chapter 118 Vegetation, Section 118-2 Definitions; Section 118-35
Maintenance and Pruning; Section 118-36 Plant Material; Section 118-37 Landscape
Buffers; Section 118-38 Vehicular Use Area, Interior Landscaping; Section 118-71
Minimum Tree Requirements; Providing for codification; severability; effective date; and
publication.
Council Member Mullins moved to table Ordinance 2013-17 to September 24, 2013,
seconded by Council Member Van Wagner. The motion passed with all members present
voting aye.
Item No. 8—Code Enforcement Lien
Planning and Zoning Director Hollerand presented the request. It was withdrawn at the August 13
meeting. Staff recommended approval.
The applicant was not present.
The request was withdrawn.
Council Member Goodgame requested to discuss lien reductions at a workshop.
NEW BUSINESS
Item No. 9—Clermont Downtown Music Festival
Recreation and Events Director Teske presented the request for a Downtown Music Festival. The Great
Floridian will be held that same weekend. The hours have changed to l lam to l 1pm. This is a free event.
Garrett Packett, owner of the Downtown Bar and Grill, requested Council approval of this event to use as
a fundraiser and organize a scavenger hunt. Proceeds from the event will benefit the Cancer Foundation.
Recreation and Events Director Teske reviewed the proposed map of the road closure.
City Manager Gray noted this is also a request for beer and wine.
Mayor Turville opened the public hearing.
Recreation and Events Director Teske read a letter aloud from Mary and Sasha of Vineyards of the World
in support of the request.
Diane Stellhorn, owner of Ritters Frozen Custard,requested to be involved in the event.
The following spoke in support of the event request: Gustavo Ortiz, 470 Rob Roy; Fred Sommer,
Sommer Sports, Mary Jo Pheiffer; Mike Corradino, 723 W Montrose Street; Alan Pool, 801 City Grille;
and Ron Smart,current President of the Clermont Downtown Partnership.
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Ciry of Clermont
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REGULAR COUNCIL MEETING
August 27, 2013
Mayor Turville closed the public hearing.
Council Member Bates moved to approve., seconded by Council Member Mullins. The
motion passed with all members present voting aye.
Item No. 10— Variance Request Fitch
Planning and Zoning Director Hollerand presented the request to allow for a side yard setback in Skyridge
Valley. The applicant,David Fitch, 2008 Country Brook Avenue, has constructed a deck that extends 6.5
feet outward into the side yard setback leaving a 1 foot setback from the property line. The Land
Development Code requires a positive finding on eight items to grant the variance. The city has an 18
inch storm water pipe 6 feet below the surface within the easement running under a portion of the deck.
Staff reviewed the request and five of the eight items do not meet the findings therefore staff
recommended denial.
David Fitch,Applicant,was present to request approval.
Mayor Turville opened the public hearing. There were no comments Mayor Turville closed the public
hearing.
Council Member Goodgame questioned whether it was completed without a permit. Mr. Fitch confirmed
it was done without a permit.
Mayor Turville expressed concern with a utility underneath the deck and suggested relocating it out of the
easement.
City Attorney Mantzaris stated this issue came to light because the structure was discovered without the
required permitted. It will still have to be permitted and as a condition, the city could address the pipe if
the deck will remain to impact the pipe.
Council Member Van Wagner expressed support with a condition.
City Attorney Mantzaris suggested an agreement if the city has to remove the deck to get to the pipe, the
city will not be responsible for rebuilding the deck. An agreement to address the pipe would attach to the
property as an encumbrance to the property related to the easement so a subsequent owner would have to
abide by the agreement.
Council Member Van Wagner moved to pass the variance with the stipulations Mr.
Mantzaris mentioned.
As a condition of the permit, the property owner would agree to an agreement to hold the
city harmless and release the city from any liability or damage associated with the deck
and its relation to the pipe and if the city had to work on the pipe, the property owner
would remove or pay for the expense of removing the deck so the city could work on it. It
would be recorded as a matter of public record and attached to the property for all
subsequent owners.
Seconded by Council Member Goodgame. The motion passed 3 to 2 with Council
Member Mullins and Mayor Turville opposing.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27,2013
Item No. 11—Rowing Boathouse and Infrastructure
City Manager Gray reported this is a consideration for a location of the rowing boathouse.
Recreation and Events Director Teske presented Clermont Boathouse location options. Lake County
Board of County Commissioners awarded the City of Clermont a matching grant in the amount of
$374,000. It is for the creation of a Rowing Boathouse and infrastructure that could also be used for other
events. City staff reviewed several possible location options and coordinated with the Lake County
Rowing Association. The two locations include the West Waterfront area just west of the existing boat
ramp and the East Waterfront area on the old Bell Ceramics site. Staff has reviewed both locations and
recommended West Waterfront as the best option.
Mayor Turville opened the public hearing.
Gail Ash, 3365 Saloman Lane, expressed concern for the Council to choose a location when the budget
has not been finalized.
The following spoke in support:
Debbie Kiely, 10812 Crescent Lake, President of Rowing Association; Alison Strange, 1518 Pier Street;
Mark Graff, 1944 Brantley Circle; Jim Purvis, 4206 Hammersmith Drive; Garrett Packett; Lake County
Commissioner Parks;Josef Trapp, 1146 Lake Minneola Road;and Ann Dupee, 389 Division Street.
Mayor Turville closed the public hearing.
Mayor Turville preferred the West side location.
City Manager Gray confirmed the funds will come from the Capital Projects fund; not the General Fund.
It is in the proposed budget to be adopted by Council next month.
Council Members Mullins,Van Wagner and Bates agreed on the West side property.
Council Member Goodgame preferred the East side location.
Council Member Mullins moved to authorize staff to proceed with planning the
boathouse on the west parcel; seconded by Council Member Bates. The motion passed 4
to 1 with Council Member Goodgame opposing
Item No. 12—Resolution No. 2013-22
City Clerk Ackroyd read Resolution 2013-22 aloud by title only.
A Resolution of the City Council of the City of Clermont, Lake County, Florida,
pertaining to red light signal violations as authorized by Clermont City Code Section 62-
40 and in accordance with Section 316.008 Florida Statutes, authorizing the City
Manager to appoint Local Hearing Officers and designating the City Clerk's Office to
serve as the Clerk to the Hearing Officer; providing for conflict and an effective date.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
August 27, 2013
City Attorney Mantzaris reported the State Legislature recently amended the Mark Wandall Traffic Safety
Program Act to use traffic cameras for red light violation detection. The state is now allowing local
hearing officers for citations issued. The statute requires by Resolution the city appoint an existing staff
member to serve as the Clerk to the appointed hearing officer. This resolution appoints the City Clerk's
office to serve as the Clerk to the local hearing officer and authorizes the City Manager to go through the
process of retaining a local hearing officer. Furthermore, the local hearing officer shall be an attorney
with a minimum of 5 years expenence in the State of Florida.
Mayor Turville opened the public hearing.
Wally Herda expressed opposition.
Mayor Turville commented the majority of the council has agreed to the cameras.
City Attorney Mantzaris stated the Council has already approved the cameras.
Gustavo Ortiz,470 Rob Roy Drive, requested the decision be reassessed.
City Attorney Mantzaris reported the city code that was adopted that imposes the red light camera system
incorporates the statute adopted by the State Legislature.
Jim Purvis,4206 Hammersmith Drive, expressed frustration and requested to rescind the ordinance.
Council Member Mullins noted he does not like the red light cameras however this process gives the
citizens the opportunity to avoid financial outlay and should support it.
Mayor Turville closed the public hearing.
Council Member Mullins moved to approve; seconded by Council Member Goodgame.
The motion passed 4 to 1 with Mayor Turville opposing.
.ADJOURN: With no further comments,this meeting was adjourned at 10:43pm.
APPROVED:
41110111,0
\'+k. •arold S.Turville,Mayor
ATTEST:
.i - / /
Tracy A ' oyd,City Cif
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