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05-13-2014 Regular Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 The Clermont City Council met in a regular meeting on Tuesday, May 13, 2014 m the Council Chambers at City Hall. Mayor Turville called the meeting to order at 7:05 pm with the following Council Members present: Council Members Mullins, Bates and VanWagner. Other City officials present were: City Manager Gray,City Attorney Mantzaris and City Clerk Ackroyd. Absent: Council Member Goodgame INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. PROCLAMATIONS City Clerk Ackroyd read a proclamation aloud declaring the week of May 4 — 10, 2014 as North American Occupational Safety and Health Week and May 7, 2014 as Occupational Safety and Health Professional Day. Mayor Turville presented the proclamation to Susan Tobin and Charlyn Whiting. City Clerk Ackroyd read a proclamation proclaiming May 18—24,2014 as Water Reuse Week. City Clerk Ackroyd read a proclamation proclaiming May 4— 10,2014 as Dnnkmg Water Week. Mayor Turville presented both proclamations to Environmental Services Director Kinzler. PRESENTATIONS Environmental Services Director Kmzler announced the City of Clermont East Water System received the 2013 Water Plant Operations Excellence Award from the Florida Department of Environmental Protection. He recognized Operations Manager Duane Land, Chief Water Treatment Plant Operator Steve Berry, and water operations staff Rick Laney,Jay Buttram, and Jesse DelValle for their services. Environmental Services Administrative Assistant Heather Wooding commented three elementary schools and over 1,600 students participated in the Drop Saver Poster contest. She presented the 2014 Drop Saver Poster Contest Wmners. First place winners were Reese Ciccotelli and Aryanna Pabon. Second place winners were Rebecca McAnuff and Elise Dullas. Third place winners were Madison Rojas and Gianna Fortich. Honorable mentions were Ally Woolum, Leah Moseley,Matthew Toledo, and Alison Supples. Public Information Officer Bloodsworth introduced Star Olson with Cypress Ridge Elementary School and Kelly Ann Goring with Astatula Elementary School. Ms. Olson and Ms. Goring assisted students with the 2014 Quilts to Books project. The students presented the quilt project which will raise funds to purchase books for Briarwood Elementary School in Moore, Oklahoma, which was destroyed by a tornado. City Manager Gray introduced Linda Smith from New Beginnings, sponsor of the South Lake Dragon Boat Festival held on Saturday, May 3 The Dragon Slayer Champions; consisting of City staff, received the Clermont Champions Cup. The Clermont Police Department won the gold medal in the C Division. The festival will be held each year on the first Saturday in May. 1 I City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 Finance Director Van Zile stated the Florida Statutes require government to have an annual audit performed by an outside auditing firm. The auditing firm McDirmit/Davis has completed the Fiscal Year 2013 audit. The report is available on the City's website on the Finance Department web page He introduced Tammy Campbell with McDirmit/Davis. Tammy Campbell, McDirmit/Davis presented the Fiscal Year 2013 Audit The City is in compliance with laws, regulations, contracts and grants; and complied with the Flonda Statutes regarding the investment of public funds. The City received one comment regarding establishing a minimum fund balance policy. The Government Finance Officers Association's Best Practice for setting the level of Unrestricted Fund Balance suggests no less than two months of regular operating expenditures, which is approximately twenty percent. The City's current fund balance exceeds the suggested cnteria. The financial condition assessment did not indicate any detenoration of the City's overall financial condition. City Manager Gray commented City staff will be addressing the minimum fund balance policy and will return to Council in July. Mayor Turville commended Finance Director VanZile and expressed appreciation for his outstanding performance. PUBLIC COMMENTS Charlene Forth requested the installation of a crosswalk on Highway 50 near Disston Avenue be placed on a future agenda for discussion. Mayor Turville stated the City may not have junsdiction. City Manager Gray commented the State would have to approve a crosswalk. Ms. Forth stated the City charges $109.00 for a shed permit fee and sheds are being installed on the weekends without permits due to the high fee. The sheds are not properly anchored down and may not meet wind load requirements. An example provided was the Montessori School's shed on DeSoto Street. She requested shed permit fees be placed on a future agenda. Mayor Turville requested City Attorney Mantzans to check into the wind load issue. City Manager Gray and Plannmg Director Hollerand will look into the shed permit fees. City Attorney Mantzans suggested the City's building official attend the Council meeting and address the issue. Jim Purvis thanked the Council for moving forward on the church property. The recent Jazz band performances were well received and Facility Manager O'Shea and her staff were thanked for their time and efforts REPORTS City Manager Gray reported the ribbon cutting ceremony of the church facility will be held on Friday, June 6 at 9:30am, with tours following until 11 am. Tours will also be offered to the public on Saturday, June 7 from 10am to 2pm. He stated the applicant requesting a zoning change to operate a sand mine m the Sector Plan area has officially withdrawn their application. City Attorney Mantzans—No report Council Member Bates thanked Linda Smith for the Dragon Boat Festival. He commented the event was a great team building expenence and would like to see the City do this again m the future 2 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 Council Member Mullins reported the Sidewalk Chalk Art Festival was successful and several of the art works are on display in the City Hall lobby. Council Member Van Wagner—No report. Mayor Turville thanked City Manager Gray for speaking at the annual Clermont High School reunion. He requested the video be placed on the City's website. 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-Council Meeting Minutes Consider approval of the Regular Council Meeting Minutes for February 25, 2014,March 25, 2014 and April 8, 2014. Item No. 2-Surplus equipment Consider approval to surplus Fire Department confined space training trailer. Item No. 3-Contract Approval Consider approval of the Solid Waste Disposal Agreement with Progressive Waste Solutions(WSI). Item No. 4-Bid Award Consider approval for bid award to McMahan Construction Co.,Inc. in the total amount of$361,000 for the East- West Water Interconnection Project. Item No. S-Resolution 2014-13 Consider approval of Resolution to amend the Personnel Policy,Chapter 1: General, Section 2: Employee Conduct, and Chapter 4: Salary Administration, Section 6: Call-Out Pay Item No. 6-Resolution 2014-14 Consider approval of Resolution to revise Section 125 -Cafetena Plan with Flexible Spending Account Plan Document and Adoption Agreement Item No. 7-Resolution 2014-15 Consider approval of Resolution of rental and usage fees for the municipal facility located at 3700 S.Highway 27 Item No. 8-Event Request Consider approval of the second annual Downtown Music Festival requested by 3 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 the Greater Clermont Cancer Foundation on October 18,2014 with street closures and live music. Item No. 9-Event Request Consider request from the Clermont Downtown Partnership to move Food Trucks event from its existing location to a temporary location. Item No. 10-Event Request Consider request from the Clermont Downtown Partnership for an open container area for the First Fnday Food Trucks on June 6,2014. Council Member Mullins requested to pull Item 10 and Council Member Bates pulled Item 7. Council Member Mullins expressed support for Item 10. He declared a conflict of interest as his business may gain as a result of Council approval. Council Member Bates requested the City clanfy the amenities available in the gymnasium for Item 7 City Manager Gray stated a pamphlet of the fees will include clarification on the gymnasium amenities. Council Member Mullins moved to accept Items 1-9; seconded by Council Member Bates. The motion passed with all members present voting aye. Council Member Van Wagner moved to approve Item 10; seconded by Council Member Bates. The motion passed 3 to 0 with Council Member Mullins abstaining as a declared conflict. Item No. 11—Closed Session Mayor Turville read the following statement aloud: At this time the City Council meeting will be in recess for the Council to conduct a private pending litigation session as requested by the City Attorney and as authorized by section 286.011, Florida Statutes. The session is for the purpose of discussing settlement and expense strategy for pending litigation involving the City and Bee's Auto and Wayne Weatherbee. The City Council, the City Manager, the City Attorney, and the City's litigation legal counsel handling the matter will attend the session A court reporter will be present at the session and a transcript will be available after the conclusion of the litigation The meeting will last approximately 20 minutes and the Council meeting will resume. Mayor Turville recessed the meeting at 8:11pm. Mayor Turville reconvened the meeting at 8:54pm 4 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13,2014 UNFINISHED BUSINESS Item No. 12—Naming Property Public Information Officer Bloodsworth stated the list of suggested names for the facility was narrowed to Clermont Community Center, Clermont Arts and Recreation Center, and Clermont Complex. Should Council choose Clermont Community Center, a new name would need to be selected for the current Clermont Community Center at 620 W. Montrose Street. At the recent Fitness Palooza,jars with names were presented for the public to select their favonte name and the wmner was Clermont Arts and Recreation Center,the second was Clermont Community Center,and the third was Clermont Complex City Manager Gray stated the feedback he has received strongly supported the Clermont Community Center name and there was a large response for the Clermont Arts and Recreation Center name. Mayor Turville commented there would be other uses on the property in addition to arts and recreation. Council Member Mullins was in agreement. Mayor Turville opened the public heanng. Jim Purvis suggested a broader phrase to depict the functions of the property. Gail Ash suggested Clermont Center or Clermont Community Center. City Manager Gray commented Council could name the property and name the building Arts and Recreation Center. Council Member Bates moved to call the property the Clermont Community Complex The motion died for lack of a second. Council discussed suggested names provided by the audience and staff. Council Member Mullins moved to call the building the Clermont Arts and Recreation Center; seconded by Council Member VanWagner The motion failed on a 2 to 2 vote with Council Member Mullins and Council Member VanWagner in support; and Mayor Turville and Council Member Bates opposed Council moved to the remaining agenda items and returned to address the naming of the property. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 NEW BUSINESS Item No. 13— Variance Request Planning Manager Henschel presented the request for an off-site sign for Clermont Retirement Residence. The sign was approved by the City Council in 2011. The current city code does not allow for any off-site signage. The Clermont Retirement Residences is located within the newly purchased City property and does not have road frontage on South U. S. Highway 27 or on Hammock Ridge Road In June 2013, the Council approved a variance request to allow an off-site sign with the already existing sign along South U.S.Highway 27 for the church. Staff recommends approval. Mr. Craig Lewis,Clermont Retirement Residence,requested approval Mayor Turville opened the public heanng. Jim Purvis suggested moving the sign further north and consider selling Clermont Retirement Residence 50 square feet of land. Gail Ash suggested placing the sign further down on South U. S.Highway 27 Mayor Turvilled closed the public heanng. Mayor Turville expressed concern with placing an off-site sign on South U S. Highway 27 City Attorney Mantzans commented the City Council already approved an off-site sign for the site. Clermont Retirement Residence has the nght to be on the sign and when the City bought the property, the purchase was subject to that nght. The choices are to mclude Clermont Retirement Residence on the sign for the City complex or grant a vanance to allow a sign. Jim Purvis suggested one sign with a list of all buildings on the site City Attorney Mantzans stated if the City replaced the existmg sign with a shopping center sign the sign could be up to 120 square feet in size. Council Member Mullins suggested a temporary sign which will be replaced when the new sign is erected. City Attorney Mantazans stated a motion was not necessary, Council could provide direction. The variance was to move the sign and the sign will not be moved. Craig Lewis agreed to have Clermont Retirement Residence on a temporary sign and later added to the permanent sign. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 Item No. 14—Ordinance No. 2014-09 Introduction City Clerk Ackroyd read Ordinance 2014-09 aloud by title only. An Ordinance of the City of Clermont, Flonda, adopting an Interlocal Service Boundary Agreement between the City of Clermont and Lake County; providing for severability; conflict and effective date. Council Member Mullins moved to introduce Ordinance 2014-09; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 15—Ordinance No. 2014-11 Introduction City Clerk Ackroyd read Ordinance 2014-11 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Florida, closing and permanently abandomng the 60 foot right-of-way for Short Street from East Side of Twelfth Street to North Side of Carroll Street; repealing all ordinances in conflict herewith,providing for severability,publication,recording and for an effective date. Council Member Mullins moved to introduce Ordinance 2014-11; seconded by Council Member Van Wagner.The motion passed with all members present voting aye Item No. 16—Ordinance No. 2014-12 Introduction City Clerk Ackroyd read Ordinance 2014-12 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, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163 Part II, Flonda Statutes; setting forth the authonty 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 Mullins moved to introduce Ordinance 2014-12; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. 7 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 Item No. 17—Ordinance No. 2014-13 Introduction City Clerk Ackroyd read Ordinance 2014-13 aloud by title only. An Ordinance of the City Council of the City of Clermont, Lake County, Flonda, amending the Comprehensive Plan of the City of Clermont, Florida,pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Flonda Statutes by adopting text changes to the goals, objectives, and policies of the Capital Improvements Element of the Comprehensive Plan; setting forth the authonty for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan Amendments; establishing the legal status of the Comprehensive Plan Amendments;providing for severability, conflict and an effective date. Council Member Mullins moved to introduce Ordinance 2014-13; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 18—Ordinance No. 2014-14 Introduction City Clerk Ackroyd read Ordinance 2014-14 aloud by title only. An Ordinance of the Code of Ordinances of the City Council of the City of Clermont, Lake County, Flonda, amending the Code of Ordinances, Chapter 118 Vegetation, Section 118-36 Plan Matenal; Section 118-41 Preferred Tree List; Section 118-71 Minimum Tree Requirements; providing for codification; severability; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2014-14; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. Item No. 19—Ordinance No. 2014-15 Introduction City Clerk Ackroyd read Ordinance 2014-15 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 122 Zoning, Section 122-243 Permitted Uses; Section 122-244 Conditional Uses; providing for codification; severability; effective date; and publication. Council Member Mullins moved to introduce Ordinance 2014-15; seconded by Council Member Van Wagner.The motion passed with all members present voting aye. 8 City of Clermont MINUTES REGULAR COUNCIL MEETING May 13, 2014 The City Council continued the discussion regarding naming the property. Mayor Turville suggested Clermont Municipal Complex for the property and Arts and Recreation Center for the building. Council discussed naming the property Clermont Municipal Complex, Clermont Center Complex, Clermont Amenity Center, Clermont Centre, Clermont Complex, City of Clermont Center, Clermont Public Service Center, The Connection Center, Clermont South Annex, Clermont Arts and Recreation Center, Clermont Civic Campus, Clermont-Plex, Clermont Connection Center, Clermont Recreation Center, Clermont Access Center, Clermont Service Center, Clermont New World Center, Clermont Solution Center, Clermont Corporation Center, Clermont Contnbution Center, Clermont City Walk, Clermont Correctional Center, Citizen Center, Clermont Hilltop Complex, Clermont City Center, and Clermont Hammock Ridge Center. Council Member Mullins moved to name the campus the Clermont City Center and Arts and Recreation for the building. The motion failed for lack of a second. Council Member Mullins moved to name the campus the Clermont Municipal Center and the building the Arts and Recreation Building. The motion failed for lack of a second Council Member Mullins moved to name the campus the Clermont Community Center, the building the Arts and Recreation Building, and rename the current Clermont Community Center the Clermont City Center: seconded by Council Member Bates. The motion passed 3 to 1 with Mayor Turville in opposition. Mayor Turville requested staff inform Council if there is a significant cost to change the name of the current building. ADJOURN: With no further comments,this meeting was adjourned at 10:13pm. APPROVED: .Turvi le, ayor ATTEST: . Tracy Ackroyd, City Cl:! ` 9 CITY OF CLERMONT &05 AGENDA ITEM Page 1 of 1 Council Meeting Date Tuesday, May 13, 2014 Agenda Item Name Surplus equipment Requested Action Move to declare surplus of a 1995 Fire Department confined space training trailer Staff Report The 1995 confined space training trailer was donated to the fire department in 2007 The trailer is no longer used by Clermont Fire Dept and it has fallen into disrepair due to water intrusion The trailer has no value The Fire Department intends to donate the trailer to the Montverde Fire Department, who will use volunteer firefighters to refurbish it Legal Impact Additional Analysis Fiscal Impact Summary No fiscal impact to the City Fiscal Impact Fund Number and Description Available Budget Amount Exhibits Attached (copies of onginal agreements) FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NA E-MIDDLE NAME NAM OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRESS 1HE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON (.9g() Dv 4 a WHICH I SERVE IS A UNIT OF CI ll I' �j� COUNTY VCiN ❑COUNTY ❑OTHER LOCAL AGENCY N E OF POLITICAL SUBD VISION �,l.l.� �.�' �,l e r�stiff DATE ON WHICH VOTE OCCURRED \� (3( '` ` MY POSITION S 1�,�(�l 2 v� ( ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission, authority, or committee It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained),to the special private gain or loss of a relative; or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies under Sec 163 356 or 163.357, F.S , and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister,father-in-law, mother-in-law, son-in-law, and daughter-in-law A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange) * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstainirg from voting,and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency • The form must be read publicly at the next meeting after the form is filed IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before participating • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed I DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Ilp\'S'\ wl •- ,hereby disclose that on Pile,/ 1, ,20 I9' (a)A measure came or will come before my agency which (check one) E inured to my special private gain or loss, inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, infared to the special gain or loss of , by whom I am retained,or inured to the special gain or loss of ,which is the parent organization or subs:diary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows 41/1 cif evl (..0.11(44 eft' 7-aK.e et c(Wi )k e (/)(v eel( i9si war ‘At&i e. y A,910, I`" ve'P974 i- u J it✓a cl ' , f -\(\ Date Filed Signature NOTICE. UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING. IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B—EFF.1/2000 PAGE 2 ■