06-10-2014 Regular Council Meeting City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10,2014
The Clermont City Council met in a regular meeting on Tuesday, June 10, 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, Bates, Goodgame, and VanWagner. Other City officials present
were: City Manager Gray,City Attorney Mantzaris and Deputy City Clerk Noak.
INVOCATION
Council Member Mullins gave the invocation followed by the Pledge of Allegiance.
PRESENTATIONS
Joe Manizia; Clermont Football Club President,presented the City with a$25,000 check to use towards a
set of lights at Hancock Park.
Finance Director VanZile presented the quarterly budget update. The Quarterly Performance Report for
October 1, 2013 through March 31, 2014 is available on the City's website. The top ten revenues were
discussed and impact fees were higher than projected. The General Fund budget amendments were
reviewed. The largest portion of the budget amendments related to the Clermont Community Center
property and the Building Services reorganization. Revenues are on target, with projections and
expenditures in line with revised budgeted amounts. Reserves are on target with year-end projections,
with the exception of the General Fund.
Council Member Goodgame commented City Manager Gray and Finance Director VanZile have done an
exceptional job,particularly with the newly acquired building.
Council Member Mullins asked if the funds below fifty percent were due to a timing factor, with major
projects coming later in the year.
Finance Director VanZile stated there would be heavy capital outlays later in the year; however the
projected expenditures are in line with projections.
Mayor Turville asked if there were particular expenditures to watch for.
Finance Director VanZile commented the Community Center is the most significant expenditure.
City Manager Gray stated a plan will be presented at the budget workshop sessions on July 16 and 17 at
6:00pm.
City Manager Gray commented Economic Development Director Hitt provided Council with an updated
list of the new businesses in the City and will be providing quarterly updates. Economic Development
Hitt stated fifty new businesses opened in the first five months of the year and three restaurants will be
coming soon.
Council Member VanWagner thanked Economic Development Director Hitt for assisting new businesses
coming into the City.
Mayor Turville announced changes to the agenda due to the applicant requesting postponement of Items 5
and 6 to the June 24, 2014 meeting.
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City of Clermont
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REGULAR COUNCIL MEETING
June 10,2014
Item No. 5-Resolution No. 2014-12
Council Member Goodgame moved to table Item 5, Resolution 2014-12, to June 24;
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
Item No. 6- Variance Request
Council Member Goodgame moved to table the Variance request until June 24; seconded
by Council Member Mullins. The motion passed with all members present voting aye.
Mayor Turville requested a change of order to hear Item 8 before the remaining Unfinished Business
items. Council was in agreement.
PUBLIC COMMENTS
Jim Purvis thanked Council for the new Community Center and the grand opening event. He commented
on the Historic Village's Memorial Day event.
Mr. Purvis requested Police Chief Broadway report on a situation during a Fred Sommer Sports event at
Waterfront Park. Police Chief Broadway stated there was a reckless driver who disobeyed officers'
commands, caused a cyclist to crash, and later bailed out of the vehicle. Officer Rooney gave foot chase
into the lake and apprehended the person.
Gail Ash commended staff on the grand opening of the new Arts and Recreation building and stated there
was a huge interest in the facility by local seniors. She requested staff consider activities at the facility for
the seniors.
Martha Santoni; Nemours Government Relations Coordinator, introduced Dr. Odett Stanley-Brown and
invited the community to the open house on June 28,2014.
Michelle Michnof reported the Boys & Girls Club moved into the new Arts and Recreation building to
run a summer recreation program and have registered over 320 youth. The cost is $5.00 per day for a
Clermont City resident and $10.00 per day for those outside the City. The program runs from lam to
6pm and includes breakfast and lunch. She thanked Public Information Officer Bloodsworth, Economic
Development Director Hitt,Council,and staff for their assistance.
City Manager Gray commented the goal was to open up the Arts and Recreation facility and offer a
summer recreation program. The City partnered with the Boys&Girls Club to operate the program.
REPORTS
City Manager Gray stated the Council will hold a budget workshop June 24 at 6pm. The South Lake
Chamber of Commerce will hold their Business After Hours function at the Arts and Recreation facility
on July 10 at 5:30pm.
City Attorney Mantzaris—No report.
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City of Clermont
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REGULAR COUNCIL MEETING
June 10,2014
Council Member Bates reported Lake County is accepting nominations for the Lake County Woman's
Hall of Fame. The deadline is August 15. The League of Cities is looking for legislative representatives
to be involved with legislative policy committees. He intends to participate and any interested Council
Members should contact City Manager Gray.
Council Member Goodgame recommended nominating Doris Walker with the South Lake Historical
Society for the Lake County Woman's Hall of Fame. He requested Public Information Officer
Bloodsworth assistance in the nomination.
Council Member Goodgame reported the Historic Village sign on Highway 50 was in place. He
commented the Governor is providing $1 million toward building Citrus Grove Road. The road comes
off of U.S. Highway 27 and runs east to the new turnpike interchange; which is the area where North
Hancock Road will run. This will provide a shortcut to State Highway 50 and have an impact on College
Park and Summit Greens. He encouraged people to contact Lake County Commissioner Parks to vote for
a traffic signal at Diamond Club Drive and Hancock Road.
Council Member Mullins thanked staff for all their efforts with the ribbon cutting and tours of the Arts
and Recreation building, the Food Truck event, the triathlon event, and the Farmer's Market over the
weekend.
Council Member Van Wagner thanked staff and the community for attending the dedication of the Arts
and Recreation building.
Mayor Turville thanked the community for attending the Arts and Recreation building tours and ribbon
cutting ceremony.
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 May
13,2014 and May 27,2014.
Item No.2- Utility Easement Agreement Consider approval of the
utility easement agreement for
existing force main in Harvest
Landing subdivision.
Item No.3-Surplus Equipment Consider approval to surplus a Fire
Department breathing air
compressor.
Council Member Goodgame moved to approve Consent Agenda Items 1 through 3;
seconded by Council Member Mullins. The motion passed with all members present
voting aye.
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City of Clermont
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REGULAR COUNCIL MEETING
June 10,2014
UNFINISHED BUSINESS
Item No. 4- Variance Request
Planning Manager Henschel presented the request to remove the existing landscape island behind the
building at 221 North Highway 27 to allow for additional parking. The island was built surrounding an
existing mature oak tree, which is no longer on the site. City Code does not allow more than 10 parking
spaces in a row without a 300 square foot landscape island. Staff recommended denial.
Richard Lemley; L & Jim Properties LLC Representative, commented the increase in traffic has created
traffic flow issues and removing the island would improve traffic flow.
Mayor Turville opened the public hearing.
Charlene Forth spoke in opposition of the request and requested the tree be replaced.
Mayor Turville closed the public hearing.
Mayor Turville stated he wanted the site to meet the City's tree requirements. Mr. Lemley was not
opposed to adding trees to the property.
Council Member Mullins commented how the photo and drawing did not match and stated the original
plans must have been modified. He asked if the property was in compliance with the landscape code.
Planning Manager Henschel stated islands are required to have a tree. If removing the island is approved,
an additional tree would not be required.
Council Member Goodgame stated he was not opposed to the request.
Council Member Bates asked if curbing would be required. Planning Manager Henschel responded the
code does not require curbing.
Mayor Turville inquired if the site was given a parking variance in the past. Planning Manager Henschel
stated the City was not aware of any prior variances.
Council Member Mullins asked if the site met parking requirements. Planning Manager Henschel stated
the code requires 21 parking spaces and the site exceeds the requirement.
Council Member Goodgame moved to approve the variance request; seconded by
Council Member Bates. The motion passed 3 to 2 with Mayor Turville and Council
Member Mullins opposed.
Item No. 8-Ordinance No. 2014-11;Final
Mayor Turville 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 abandoning 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.
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City of Clermont
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REGULAR COUNCIL MEETING
June 10,2014
Senior Planner Kruse presented the request to close the Short Street right-of-way. The street has four
parcels with street frontage. Two of the parcels are owned by Brian Hess, the petitioner The remaining
two parcels are owned by Richard Klaas and Darryl Bishop. Mr. Klaas and Mr. Bishop have not
consented in writing to the right-of-way closing. The closing would affect the egress and ingress of Mr.
Klaas and Mr.Bishop. Staff recommended denial.
Brian Hess stated the street is not necessary and there is access through Carroll Street. Trucks are coming
through from the lumber yard, creating a safety issue.
Darryl Bishop did not object to closing the right-of-way.
Richard Klaas was opposed to closing the street. He stated he would not have access to his property. Mr.
Klaas expressed concerns regarding traffic and lack of signage in the area for the boat ramp and other
facilities in the downtown area. He suggested making Short Street a one-way load-limit street for local
traffic only.
Mayor Turville opened the public hearing.
Terrie Reitz spoke in favor of adding signage for the boat ramp.
Harry Mason spoke in opposition of closing Short Street.
Mayor Turville closed the public hearing.
Darryl Bishop suggested additional time for the affected parties to meet and come to an agreement.
Mayor Turville was opposed to closing the street until all affected parties were in agreement.
Council Member Goodgame suggested tabling the item until July 8 for the parties to work out a solution.
Council Member Mullins was in favor of tabling until July 8.
Council Member Goodgame moved to table until July 8; seconded by Council Member
Bates. The motion passed with all members present voting aye.
The Council heard New Business Item No. 11 prior to continuing with the remaining unfinished business
items.
NEW BUSINESS
Item No. 11- Variance Request
Planning Manager Henschel presented the proposed request to expand the banquet facility at 699 North
Highway 27. The expansion consists of a 3,200 square foot deck extending over a water retention area in
the back of the existing building. The expansion would create a deficit of 28 parking spaces. Staff
recommended denial.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10,2014
Michael Wojtuniak; EPI Engineering, stated the intent was to allow patrons to congregate outside during
events, not to increase the number of patrons. The property to the south is owned by the same individual
and can be used for overflow parking.
Mayor Turville opened the public hearing.
Jack Kruse, Miroslav Barulich, Carol Rosario, Andrew Parness, Terrie Reitz, and Charlene Bryce, spoke
in opposition of the request and expressed concerns on the noise level already generating from the
business,personal safety,property values,and property damage.
Mayor Turville closed the public hearing.
Mayor Turville expressed concern regarding the current use of the facility compared to the original
intended use.
Council Member Goodgame stated the noise was not acceptable.
Ramlahkhan Singh; Owner, commented he has attempted to curb the noise complaints and have not
received recent complaints.
Council Member Van Wagner moved to deny the variance; seconded by Council Member
Mullins. The motion passed with all members present voting aye.
The Council resumed considering the remaining unfinished business items
Item No. 7-Ordinance No.2014-09;Final
Mayor Turville read Ordinance 2014-09 aloud by title only.
An Ordinance of the City of Clermont, Florida, adopting an Interlocal Service Boundary
Agreement between the City of Clermont and Lake County; providing for severability,
conflict,and effective date.
City Manager Gray stated the agreement will be heard by the Lake County Board of County
Commissioners on July 8.
Economic Development Director Hitt stated the Interlocal Service Boundary Agreement included the
majority of the land in the Joint Planning Agreement area and extended to the south; excluding the
southwest area of Lake Louisa and Lake Minnehaha. The agreement is for a 20 year term with provisions
for a periodic review every five years The agreement provides the legal means for Clermont to annex,
provide services and utilities. Staff recommended approval.
City Manager Gray commented the agreement will help the City control development outside the City
boundaries and provides compensation for fire response outside the City boundaries.
Council Member Goodgame asked what the County's intent was regarding their current fire station. City
Manager Gray stated the City and the County met and are considering a joint fire station on the east side
of Clermont. Senninger Irrigation is willing to donate a piece of property and the County is willing to
extend Hartle Road to the Senninger property. The City would provide for the utilities.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10,2014
Mayor Turville expressed concern regarding developers gaining approvals from the County first, then
applying for utilities. City Manager Gray stated the County is directing developers to the City so the
development will be built using City standards.
Mayor Turville asked what the notice requirement was to make changes to the agreement. City Attorney
Mantzaris stated there was not a notice provision, the City would initiate a re-negotiation of the
agreement.
Mayor Turville opened the public hearing. There was no public comment. Mayor Turville closed the
public hearing.
City Manager Gray stated the Interlocal Service Boundary Agreement would take the place of the Joint
Planning Agreement.
Council Member Goodgame moved for approval of Ordinance 2014-09; seconded by
Council Member VanWagner. The motion passed on a roll call vote with all members
voting aye.
Item No. 9-Ordinance No. 2014-14;Final
Mayor Turville read Ordinance No. 2014-14 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 118 Vegetation,
Section 118-36 Plant Material; Section 118-41 Preferred Tree List; Section 118-71
Minimum Tree Requirements;providing for codification; severability;effective date; and
publication.
Planning Manager Henschel presented the landscape code amendments. The changes include amending
Section 118-36 regarding the minimum size of palm tree plantings, Section 118-41 regarding the
preferred tree listing,and Section 118-71 regarding minimum tree requirements for various lot sizes.
Mayor Turville expressed concern regarding palm trees and requested a listing of preferred palm trees.
Council Member Goodgame requested clarification regarding setbacks. Planning Manager Henschel
stated there is a setback requirement from the driveway,property line,and the building.
Council Member Mullins asked if trees under power lines were allowed. Economic Development
Director Hitt stated the current code allows for an understory tree to replace a canopy tree underneath
power lines.
Mayor Turville expressed concern regarding current homeowners violating the setback City Attorney
Mantzaris stated the issue with Code Enforcement was due to tree removals. The intent is not to cite
people for a code violation for placing a tree close to a driveway. The intent is to provide a means for not
replacing a tree if the tree will not fit in the yard. City Attorney Mantzaris commented Section 118-71
relates to only new construction and provides a way for replacing a large tree with something smaller.
Mayor Turville commented the motion should include the palm tree list.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10,2014
Council Member Goodgame requested staff add the palm list to the ordinance.
Mayor Turville opened the public hearing.
Jim Purvis encouraged Council to adopt the ordinance.
Council Member Goodgame moved to adopt Ordinance 2014-14; seconded by Council
Member Mullins.
Under discussion,Mayor Turville requested the motion reflect staff providing a palm tree list.
Council Member Goodgame and Mullins were in agreement for staff to provide a palm tree list.
The motion passed on a roll call vote with all members present voting aye.
Item No. 10-Ordinance No.2014-16;Final
Mayor Turville read Ordinance 2014-16 aloud by title only.
An Ordinance of the City Council of the City of Clermont, Lake County, Florida relating
to pension and retirement benefits for general, police and fire employees of the City of
Clermont; amending Chapter 46, by deleting Article I, In General; deleting Article II,
Clermont Pension Plan for Police Officers and Firefighters and Defined Benefits General
Employee Plan, Division 1, Generally, Division 2, Administration, Division 3,
Retirement and Retirement Benefits; renumbering Article III, Social Security; deleting
Article IV, Defined Contributions for General Employees; deleting Article V, Clermont
Pension Plans, Division 1, Retirement Plan and Trust for the Police Officers of the City
of Clermont, Division 2, Retirement Plan and Trust for the Firefighters of the City of
Clermont; deleting Article VI, Florida Municipal Pension Trust Fund 401(A) Defined
Contribution Plan; adopting new Article I, Pension and Retirement Plans Adopted and
providing for severability,conflict,codification and an effective date.
Finance Director VanZile stated the ordinance was designed to efficiently handle pension and retirement
benefit changes for employees. The ordinance does not make any plan changes for any employees and
future changes will be handled by ordinance.
Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the
public hearing.
Council Member Mullins moved to adopt Ordinance 2014-16; seconded by Council
Member Bates. The motion passed on a roll call vote with all members present voting
aye.
Council Member Mullins announced the Caribbean Festival would be held at Waterfront Park on June 19
at 11 am.
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City of Clermont
MINUTES
REGULAR COUNCIL MEETING
June 10,2014
ADJOURN: With no further comments,this meeting was adjourned at 10:12pm.
▪ , ,cs, APPROVED:
It
arold Turville,Mayor
a7-"grr• EST:
Tracy Ackroyd,City Clerk
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CITY OF CLERMONT
& AGENDA ITEM
Page 1 of 1
Council Meeting Date
Tuesday, June 10, 2014
Agenda Item Name
Surplus Equipment
Requested Action
Approve surplus equipment
Staff Report
The Fire Department is requesting the City Council to declare surplus a breathing air compressor(serial
#540541200) purchased in 2000 The unit has been replaced with a higher capacity model The intent is to sell the
compressor on the City's on line auction
Legal Impact
Additional Analysis
Fiscal Impact Summary
The estimated value of the surplused unit is approximately$5,000
Fiscal Impact Fund Number and Description Available Budget Amount
Exhibits Attached (copies of original agreements)