02-11-2014 Regular Council Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11,2014
The Clermont City Council met in a regular meeting on Tuesday, February 11, 2014 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 Mullins gave the invocation followed by the Pledge of Allegiance.
PRESENTATIONS
Robert Chandler, Lake County Economic Development and Tourism Director, provided an update on the
Business Opportunity Center. The program was launched in September 2012 with three locations in
Eustis, Groveland and Leesburg. This is a community wide effort. The mission statement has been
redefined and will be re-launching the business opportunity center
PUBLIC COMMENTS
Matthew Modica commented on the lack of understanding the law regarding red light cameras, the
negative cash flow the cameras will create, and requested information on the direction the City is
undertaking regarding the cameras.
City Manager Gray reported Council directed him to meet with the vendor, American Traffic Solutions,
to eliminate right hand turn violations. To remove the right hand turn violations the contract would
require an amendment,creating potential financial obligations to the City. Currently the contract calls for
twenty-four cameras. Currently six are activated and Council requested him to discuss halting further
installations. American Traffic Solutions indicated they could possibly reduce the number of cameras to
approximately 12 or 13. The representatives will discuss these matters with their corporate headquarters.
The City will place additional signage at the intersections with red light cameras,consider placing a kiosk
in the Police Station lobby for potential violators to review the video, and provide a Frequently Asked
Questions section to disperse to the public on the City's website.
Council Member Goodgame asked for a kiosk on the east side of the City
Council Member Bates inquired about the financial impact of re-negotiating the contract.
City Attorney Mantzans stated the approved contract contained a provision stating the City did not have
to write a monthly check if the fines collected exceeded a certain amount per camera. If the fines
collected do not exceed the amount per camera, the amount the City owes would be waived at the end of
the agreement penod. Changing the program and eliminating right hand turn violations will have a
significant impact on the collected fines and the City would potentially have to pay for each camera every
month. If the City requests the removal of the cameras, there could be balances due to American Traffic
Solutions on the contract.
Jim Purvis, Al Mannella, Leslie Landefeld, Arnold Ceballos, John Corwin, Michael Pruitt, Valerie Bray,
Bob Harris, Paul Ramsaywack, Sam Moore,Lorinda Haas, and Charlene Forth spoke in opposition of red
light cameras.
Burt Barnes asked what the City projected for revenue.
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REGULAR COUNCIL MEETING
February 11,2014
City Attorney Mantzaris stated the City receives $75.00 per violation, which goes towards paying for the
cameras and other fees associated with the red light cameras. The state receives $83.00 for each
violation, with $70.00 going towards the state's General Revenue Fund, $10.00 to the Health and
Emergency Medical Services Trust Fund, and$3.00 for the Spinal Cord and Brain Injury Trust Fund.
Citizens inquired if there would be a set standard for the heanng officer should someone appeal a citation.
City Attorney Mantzans commented the authority for issuing the citations is set in the state statutes. The
issue as to whether; for example an illegal nght turn on red, is governed by the state statutes and is
mcorporated into the City's Ordinance. The confusion appears to be in the difference in Chapter 316;
which covers motor vehicle moving violations, and red light camera citations regarding right turn on red
The red light camera statute has a different analysis and read the statute aloud. Heanng officers must
apply the red light camera state statute to every case.
City Manager Gray stated staff will review the violations to ensure the state statute is applied.
Mayor Turville asked what the cost is for filing an appeal.
City Attorney Mantzans replied the Special Magistrate can impose an additional fine up to $150.00,
making the total cost as high as $308.00 should the defendant lose.
Council Member Goodgame inquired what the cost is should an officer witness a red light violation.
City Manager Gray stated the cost is $260.00 and four points on the driver's license. Red light camera
violations do not assess points on a driver's license.
Jeremy Hickey, 1496 Muir Circle, asked if there was a financial incentive for Amencan Traffic Solutions
regarding the`volume of citations issued.
City Attorney Mantzans responded American Traffic Solutions receives a monthly fee per camera and no
additional money based on the number of citations.
REPORTS
City Manager Gray reported on amendments to the agenda. There will be a Council workshop at 6:00pm
on February 25, 2014 in the Council Chamber of City Hall regarding the church property update.
City Attorney Mantzans reported on the discussion at the previous Council meeting regarding the
property, located at Lake Avenue. The Council directed the City Manager to take action to assure
ownership is the City of Clermont City Manager Gray did take action and there were issues with the
property owners based on that. Therefore, City Attorney Mantzaris will be updating the title report. The
only way to resolve this issue is for the city to initiate litigation against the property owner that continues
to maintain that property as his own. He will update the title work as soon as possible and with the
direction of City Manager Gray will pursue a lawsuit against that property owner to end this issue.
Council Member Bates reported on the South Lake Chamber Annual Gala and recognized the award
recipients. He requested the Council discuss the Citrus Tower at a Workshop. Greg Homan, owner of the
_ Citrus Tower, is interested in selling it and would like to offer it to the City of Clermont first
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REGULAR COUNCIL MEETING
February 11,2014
Council Member Goodgame—No report.
Council Member Mullins—No report.
Council Member Van Wagner commented on the funeral service held on Saturday for Julie Trustee,
former pastor of Celebration of Praise church.
Mayor Turville announced the agenda amendments to include tabling of Item No. 5 Ordinance 2014-03
Introduction and Item No. 10 Ordinance 2014-04 Introduction to March 11,2014.
City Clerk Ackroyd read Ordinance No. 2014-03 aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Florida,
adopting the Small Scale 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 authority for adoption of the Small Scale
Comprehensive Plan Amendment; setting forth the purpose and intent of the Small Scale
Comprehensive Plan Amendment; providmg 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 table Ordinance 2014-03 introduction to March
11, 2014; seconded by Council Member Mullins. The motion passed with all members
present voting aye.
City Clerk Ackroyd read Ordinance 2014-04 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 Ordinance No. 289-C, Code of Ordinances; rezoning the real properties described
herein as shown below;providing for severability, effective date,and publication.
Council Member Goodgame moved to table Ordinance 2014-04 introduction to March
11: seconded by Council Member Mullins. The motion passed with all members present
voting aye.
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-Bid Award Consider approval of bid award to
Boykin Construction, Inc. for the
construction of Oak Hill Cemetery drive
access improvements in the amount of
$124,959.75 and a budget amendment of
$84,819.
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City of Clermont
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REGULAR COUNCIL MEETING
February 11,2014
Item No.2-Bid Award Consider approval of bid award to
Wilesmith Advertising Design for Place
Branding Consulting services m the
amount of $61,500 and a budget
amendment of$61,500.
Item No.3—Collective Bargaining Agreement Consider approval of the Collective
Bargaining Agreement with the
International Association of Firefighters,
AFL-CIO, Clermont Professional
Firefighters Local 4350
Item No. 4—Storm Water and Easement Agreement Consider approval of Lilly's on the Lake
request to use City dnveway and City
storm water pond.
Council Member Mullins moved to approve the consent agenda; seconded by Council
Member Goodgame.The motion passed with all members present voting aye.
UNFINISHED BUSINESS
Item No. S—Ordinance No. 2014-03,Introduction
This item has been tabled to March 11,2014.
Item No. 6—Ordinance No. 2014-08;Final Hearing
City Clerk Ackroyd read Ordinance 2014-08 aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Flonda,
adopted pursuant to section 125.01(1)(q), Florida Statutes (1999), consenting to the
inclusion of the City of Clermont, Florida, within the County-wide Municipal Service
Taxing Unit for the provision of ambulance and emergency medical services, as adopted
by the Board of County Commissioners of Lake County, Florida; providmg for the City
to be included within said Municipal Service Taxing Unit for a specified term of years;
providing for severability, effective date and publication.
City Manager Gray provided a summary on the Municipal Service Taxing Unit. The proposed ordinance
is for a three(3)year term. In pnor years,it has been approved annually.
' Mayor Turville and Council Member Mullins preferred 1 year mstead of 3 years.
Mayor Turville opened the public heanng.
Jim Purvis,4206 Hammersmith Dnve, suggested a 1 year term.
Mayor Turville closed the public heanng.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11, 2014
Council Member Mullins moved to adopt Ordinance 2014-08 with a one year time frame;
seconded by Council Member Van Wagner.The motion passed 5 to 0 on a roll call vote.
NEW BUSINESS
Item No. 7— Variance;Dicks Sporting Goods
Planning Manager Henschel reported on the variance request for a wall sign in excess of the maximum
square footage of 200 square foot. The front wall sign of Dicks Sporting Goods is proposed to be 428
square foot. The applicant feels the proposed sign is in direct proportion to the building square footage of
approximately 40,000 square foot and is necessary for conducting business out of this store size. Staff
recommended denial.
Tom Gianni,was present on behalf of Dick's Sporting Goods,requesting approval.
Mayor Turville opened the public hearing.
Jim Purvis, 4206 Hammersmith Dnve, questioned how the sign size compares to Hobby Lobby located
next door.
Planning Manager Henschel noted the Hobby Lobby sign is 200 square feet.
Council Member Mullins spoke in opposition to the grant variance based on consistency.
Council Member Van Wagner supported the request.
Council Member Van Wagner moved to support the vanance: seconded by Council
Member Bates.
Under discussion,Council Member Mullins noted he wants to maintain consistency.
The motion passed 3 to 2 with Mayor Turville and Council Member Mullins opposing.
Item No. 8—Hartwood Pines Request
Planning and Zoning Director Hollerand reported on the request from the Homeowners Association to
close Hartwood Pines Way permanently. She read the letter of interest aloud into the record.
Kimberly Day, 2646 Hartwood Pines Way,President of the Homeowners Association,requested approval
and presented a petition of 40 signatures in support to close the street permanently. There were two
homeowners m opposition and eight homeowners did not respond. She proposed a decorative gate as a
possible option and has spoken to the City Fire Marshall.This will allow the children to play safely in the
neighborhood.
Cindy Emely,2633 Hartwood Pines Way,thanked the city for barricading the entrance and requested
approval to close it permanently
Mayor Turville opened the public hearing. There were no comments.
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City of Clermont
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REGULAR COUNCIL MEETING
February 11,2014
Mayor Turville closed the public hearing.
Council Member Bates questioned the maintenance of the road. City Manager Gray confirmed the city
will continue to maintain the road since the other entrance is open.
Council Member Mullins suggested signage to acknowledge no entry
City Manager Gray advised that staff will work with the Homeowners Association regarding the
emergency vehicles having access.
Council Member Van Wagner moved to approve the request for Hartwood Pines;
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
Item No. 9—Tree Fund Assistance Program
City Manager Gray reported at a previous meeting, the Council suggested developing a policy to assist
residents in the event of a hardship to apply for assistance through the Tree Fund.
Mayor Turville noted the intent of the Tree Fund was to create a pool of money for the city to use for
beautification of the city. He expressed concern with utilizing these funds for the proposed program.
Furthermore, he suggested the city create and fund an assistance program separate from these funds
through the budget.
The City Council agreed.
City Manager Gray stated the Council directed staff to come up with a program to provide assistance with
a specific Code Enforcement violation.
Council Member Van Wagner questioned whether the tree needed to be replaced.
Mayor Turville suggested an arrangement that would not penalize residents.
City Manager Gray commented staff will return through the budget process.
The Council discussed providing assistance to the Code Enforcement violation.
City Attorney Mantzans stated at the direction of the City Council, the Code Enforcement Board could be
asked to extend the compliance date retroactively.
Mayor Turville opened the public heanng
Jim Purvis, 4206 Hammersmith Dnve, commented there is nothing wrong with the tree that has received
a violation and the Code Enforcement board is in conflict with the tree ordinance
Mayor Turville closed the public heanng.
City Attorney Mantzaris stated other individuals receiving violations have complied with the Code
Enforcement Board.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
February 11,2014
Mayor Turville requested staff amend the tree ordinance.
City Attorney Mantzaris stated he will ask the Code Enforcement Board to change the compliance date to
the end of the year at March Code Enforcement Board meeting.
Council Member Van Wagner requested staff follow up with the lady who received the violation.
Item No. 10—Ordinance No. 2014-04;Introduction
This item has been tabled to March 11,2014.
Item No. 11—Ordinance No. 2014-06;Introduction
City Clerk Ackroyd read Ordinance 2014-06 aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing
and permanently abandoning the platted roadway Magnolia Street, as shown on the plat
of Forty Pines, according to the plat thereof recorded in plat book 12, page 99 of the
Public Records of Lake County, Flonda; repealing all ordinances in conflict herewith,
providing for severability,publication,recording,and for an effective date.
Council Member Mullms moved introduction of Ordinance 2014-06: seconded by
Council Member Goodgame.The motion passed with all members present voting aye.
Item No. 12—Ordinance No. 2014-07;Introduction
City Clerk Ackroyd read Ordinance 2014-07 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 described
herein as shown below; providing for severability, effective date,and publication.
Council Member Mullins moved introduction of Ordinance 2014-07: seconded by
Council Member Goodgame.The motion passed with all members present voting aye.
ADJOURN: With no further comments,this meeting was adjourned at 9:41pm
APPROVED:
R r
r 41111110°-
•arold S.Turville,Mayor
ATTE
/
Tracy Ackr• d,City Clerl
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