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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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:! `
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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
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-\(\ 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
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