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09-27-2016 Council Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 27,2016 The Clermont City Council met in a regular meeting on Tuesday, September 27, 2016 in the Clermont City Council Chambers. Mayor Ash called the meeting to order at 6:30pm with the following Council Members present: Council Members Mullins, Bates, Goodgame, and Travis. Other City officials present were: City Manager Gray, City Attorney Mantzaris, and City Clerk Ackroyd Howe. INVOCATION Pastor Aviles gave the invocation followed by the Pledge of Allegiance. PROCLAMATION City Clerk Ackroyd Howe read the National Training Center proclamation aloud. Mayor Ash presented the proclamation to Kim Couch and Paul Johns. PRESENTATIONS Citizen and Retiree Recognition Police Chief Broadway presented the Good Samaritan Award to Mr. Brian Spears; Carroll Fulmer Logistics Dispatcher, for handling a suicidal caller and acting as a negotiator for law enforcement; and to Mr. Jamie Phillips for his assistance in locating a missing and endangered special needs child. Police Chief Broadway recognized the retirement of Lieutenant Rene Castro after 25 years of service with the Clermont Police Department. Lieutenant Castro expressed his appreciation to the City of Clermont and the community. Name the Recycling Frog Contest Winner Environmental Services Director Roy stated the recycling program was under development for three years, and recognized Sanitation Manager Brian Camp, Sanitation Chief Wes Carnes, and Sanitation Foreman Jose Nazario for their hard work and commitment towards the program. The amount of recyclables doubled one week after rolling out the new containers. He thanked the Mayor, Council, and City Manager for their support. The "Let's Stick with the Program" campaign is designed to identify and recognize champion recyclers. The City had an overwhelming response to the program, with hundreds of citizens pledging their support of the program. The logo for the campaign includes a frog, and the frog did not have a name. The Environmental Services Department reached out to local schools with a 'Name the Frog' contest. Heather Wooding; Environmental Services Administrative Assistant, commented a picture of the frog was sent to Lost Lake Elementary, Clermont Elementary, Cypress Ridge Elementary, and Imagine South Lake Charter School, and over 1,800 entries were submitted. Jessenia Rodriguez of Imagine South Lake Charter School and Abigail Miller of Lost Lake Elementary School submitted the same name; Eco. Mayor Ash presented the award to Jessenia Rodriguez and Abigail Miller. Imagine South Lake Charter School Principal Kathleen Dial and Lost Lake Elementary School Principal Susan Pegram were also present. 1 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2016 PUBLIC COMMENTS Bob Bowman, 723 West Montrose Street,thanked the City for the new street lights on Montrose Street. REPORTS City Manager Gray announced the new Police Station grand opening will be held on Monday, October 24, 2016 at 9am. Mr. Gray reported Administrative Assistant Rybarczyk will be contacting Council to schedule a workshop in October to discuss fees and other items. The recent well drilling project created ground vibration issues and staff met with the Magnolia Park homeowners. Environmental Services Director Roy provided Council with information on the well drilling process and the ground vibrations which had taken place. The first well requires additional drilling; however,the drilling is not anticipated to create ground vibrations. The second well will begin in four to six months. City Attorney Mantzaris—No report. Council Member Bates commented he preferred the workshop be held in the evening. Council Member Goodgame reported the South Lake Historical Society met and there are bats in the roof of the Depot and possibly in the Townsend House. Drywood termites are in the south wall of the Depot building. Mr. Goodgame attended Lieutenant Castro's retirement party, the dedication ceremony of Fire Station No. 104, and Executive Assistant Bennett's retirement party. He announced he would be out of town beginning October 7,2016 and returning on October 23, 2016. Council Member Mullins—No report. Council Member Travis announced she received a certificate for being a Champion Recycler. Ms. Travis reported she toured Fire Station No. 104. Mayor Ash held Coffee with the Mayor on September 17, 2016 at the Rabbit Hole, and attended the retirement celebration of Lieutenant Castro on September 18, 2016. The Final Budget Public Hearing was held on September 22, 2016 and the millage rate and budget were unanimously approved. Ms. Ash attended the dedication of Fire Station No. 104 on September 23, 2016, and attended the Funeral Mass for Robert Peraza at Blessed Sacrament Church on September 24, 2016. Mayor Ash noted Items 13, 14 and 15 regarding Extreme Groves were withdrawn by the applicant. CONSENT AGENDA Mayor Ash 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 Consider approval of the September 8, 2016 First Budget Public Hearing and September 13, 2016 Regular Council Meeting minutes. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27,2016 Item No.2—Plat Approval Consider approval of the Lakefront Village Plat. Item No.3-Bid Award Consider Request for Proposals award to American Janitorial, Inc. for City Hall, Clermont City Center and Public Works Department janitorial services in the budgeted amount of $70,980.00. Item No.4—.Bid Award Consider approval of Request for Proposals award to American Janitorial, Inc. for Highlander Building and Public Restrooms janitorial services in the budgeted amount of $141,651.36. Item No:5—Bid Award Consider approval of Request for Proposals award to Gemilang Solutions, LLC. for recreational facility restrooms janitorial services in the budgeted amount of$40,560.00. Item No. 6—Bid Award Consider approval of Request for Proposals award to Florida League of Cities, Inc. for insurance and risk management services in the budgeted amount of$768,484.00. Item No.7-Road Closure and Event Request Consider event and road closures request to allow the Clermont Downtown Partnership to host their annual Downtown Clermont Art Festival November 4 through 6, 2016. Item'No.8-Road Closure and Event Request Consider event and road closures request to allow the Clermont Downtown Partnership to host their annual Harvest Festival on October 29, 2016. Item No.9-Event Request and Open Container Consider approval for the South Lake Chamber Allowance of Commerce to have an open container area for their-annual Taste of South Lake event at Waterfront Park on November 3, 2016. Item No. 10—Open Container Allowance Consider allowing Mr. Carrington and Ms. Moss to have an open container allowance for beer, wine, andspirits at the Highlander Building and Pavilion for their wedding on March 25, 2017. Item No. 11—Resolution No. 2016-39 Consider Resolution approval adopting a new Sexual Misconduct Policy. Item No. 12—Resolution No. 2016-43 Consider approval of Resolution No. 2016-43 adopting a new Holiday Bonus Resolution. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2016 Council Member Goodgame moved to approve the Consent Agenda as submitted; seconded by Council Member Mullins. The motion passed with all members present voting aye. UNFINISHED BUSINESS Item No. 13—Ordinance No. 2016-28 Extreme Groves Annexation This item was withdrawn by the applicant. Item No. 14—Ordinance No.2016-29 Extreme Groves Comprehensive Plan Amendment This item was withdrawn by the applicant. Item No. 15—Ordinance No.2016-30 Extreme Groves Rezoning This item was withdrawn by the applicant. NEW BUSINESS Item No. 16—Variance Request Jenkins Senior Planner Kruse presented the variance request to construct a screen room with a solid roof in the rear portion of the property located at 209 Brookdale Loop. The screen room would be constructed on an existing 8-foot by 15-foot concrete patio. The applicant is requesting approval of a rear yard setback of 17 feet from the rear property line and 7 feet from the side property line. Staff recommended denial of the variance request. Richard Jenkins; Applicant, displayed photographs of an identical screen room and the area on his property the screen room would be located. Mr. Jenkins provided information of prior variance requests for screen rooms with a solid roof which were approved by Council. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Goodgame spoke in favor of granting the request. Council Member Mullins asked of the year the neighbors variance was granted. Mr. Jenkins stated the request was granted in 2012. Council Member Travis inquired of the need for a variance. Senior Planner Kruse commented the 25-foot setback could not be met due to a right-of-way issue. Council Member Travis questioned if the Homeowners Association approved the screen room. Mr. Jenkins stated the Homeowners Association has approved the screen room. Council Member Goodgame moved to approve; seconded by Council Member Mullins. The motion passed with all members present voting aye. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27,2016 Item No. 17—Resolution No.2016-36 Lake County Adult Activity Center, Inc. City Clerk Ackroyd Howe read Resolution 2016-36 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow an adult daycare in the M-1 Industrial Zoning district. Planning Manager Henschel presented the request for an adult daycare facility at 355 Citrus Tower Boulevard. The property is located in an M-1 Industrial zoning district and has a future land use of Industrial. The facility will have the capacity for sixty adults, with eight employees staffing the facility throughout the day. The hours of operation will be Monday through Friday from 8am until 5pm. Staff recommended approval of the request. Carolina Garcia, 191 Nautica Mile Drive; Owner and Operator of the Lake County Adult Activity Center, was available to answer any questions. Mayor Ash opened the public hearing. There were no public comments. Mayor Ash closed the public hearing. Council Member Mullins inquired if the Montessori School was located in the same building. Ms. Garcia commented the Montessori School had relocated. Council Member Bates asked if the facility would occupy the entire building. Ms. Garcia stated the facility would occupy units 102 and 104, where the Montessori School had been located. Council Member Goodgame inquired of any potential traffic flow issues in the morning and evening. Ms. Garcia commented the facility has contracted with transportation agencies who will transport the majority of the clients to and from the location. Council Member Mullins moved to approve Resolution 2016-36; seconded by Council Member Goodgame. The motion passed will all members present voting aye. Item No. 18—Resolution No.2016-38 Special Magistrate City Clerk Ackroyd Howe read Resolution 2016-38 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, appointing a Code Enforcement Special Magistrate. Development Services Director Hollerand presented the request to approve Ms. Leigh Kyer to serve as the Code Enforcement Special Magistrate. The City Council approved a code change on July 26, 2016, creating a Code Enforcement Special Magistrate. The City issued a Request for Information in August and received responses from two qualified applicants. Each applicant has more than five years experience as a practicing Florida attorney. The proposed rates were$145 and$175 per hour. 5 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27,2016 Staff recommended approval of f Ms. Leigh Kyer to serve as the City of Clermont Code Enforcement Special Magistrate. Ms. Kyer was present to answer any questions of the Council. She stated she was a life-long resident of Clermont whose practice is located in Clermont. Mayor Ash openedthe public hearing. There were no public comments. Mayor Ash closed the public hearing. City Manager Gray noted the City hired an attorney to attend the Code Enforcement Board meetings and had budgeted $150 per hour for Code Enforcement Board legal services. Thecost would not increase for a Code Enforcement Special Magistrate. Council Member Bates asked of the exit strategy if the Code Enforcement Special Magistrate system did not work. City Attorney Mantzaris commented staff would have to return to Council and change the ordinance. Council Member Bates asked of the additional costs mentioned in the engagement letter. City Attorney Mantzaris stated typically an attorney works on 15-minute billing increments and fees for items such as copy charges and long distance calls. The additional costs are not likely to occur and the engagement letter is similar to the one the City had with the attorney who represented the Code Enforcement Board. Council Member Bates moved for approval of Resolution 2016-38; seconded by Council Member Mullins. The motion passed with all members present voting aye. Item No. 19-Red Light Camera City Manager Gray commented the contract with,American Traffic Solutions ends January 3, 2017. American Traffic Solutions was provided a letter,of intent to terminate the Red Light Camera Program. American Traffic Solutions met with City staff and indicated they were willing to renegotiate the contract. City Manager Gray requested direction from Councilon moving forward to renew, or terminate the contract effective January 3, 2017. Police Chief Broadway provided an update on the Red Light Camera program. In January 2014, the City of Clermont agreed to a contract with American Traffic. Solutions and instituted a Red Light Camera • Safety Program. Six cameras were installed at four intersections. The intersections were selected based on traffic crash studies by American Traffic Solutions and the Clermont Police Department. Police Chief Broadway reviewed the intersection accident report; directional summary report; violations received vs violations issued; video requests; numberof appeals and dismissals; and the revenues and expenditures of the program. Mayor Ash asked for public comment. There were no public comments. Council Member Mullins asked how much of the revenue went to the State of Florida. City Attorney Mantzaris stated more than half of each ticket is sent to the State of Florida. Council Member Bates mentioned accidents have been reduced and additional data should be researched. Mr.Bates was opposed to the program unless the additional data proves the program is saving lives. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING September 27, 2016 Mayor Ash commented a prior Council voted to eliminate the contract opined there was not enough evidence on a reduction in accidents to reverse the decision. Council Member Mullins stated he was not in favor of the red light camera program. Mr. Mullins commented stronger data on the effectiveness of the program as a public safety measure would be required for his position to change. Council Member Goodgame commented he asked citizens about retaining or eliminating the red light camera program and several were in favor of retaining the program. The citizens are opposed to the right- turn-on-red citations. City Attorney Mantzaris stated there was ongoing litigation which is going to the Florida Supreme Court regarding red light camera programs. When the program was first implemented, the program included citations for right-turn-on-red violations. The Council was concerned with potential loss of revenue, so the contract contains a provision which guarantees the City would not lose money. The City informed American Traffic Solutions the City wanted to eliminate the right-turn-on-red citations. American Traffic Solutions stated the provision which guarantees the City would not lose money, would be removed. A decision by the Council to reinstate the program without right-turn-on-red citations would require staff to negotiate the issue, and if American Traffic Solutions drops the guarantee provision, the City would be subjected to paying hefty monthly per-camera fees. Council Member Travis asked of the ongoing litigation. City Attorney Mantzaris stated the litigation has to do with the use of a non-city vendor initiating the process to issue the citations. The City has a process in which a traffic enforcement officer determines if a citation should be issued. Council Member Goodgame commented if the program continues, the revenues should be used for road paving and improvements. Council Member Travis was opposed to continuing the program. City Manager Gray commented American Traffic Solutions would be contacted if Council was interested in renegotiating the contract, if not,the red light camera program will end January 3, 2017. The Council did not take action to reverse the prior Council decision to discontinue the red light camera program contract with American Traffic Solutions. ADJOURN: With no further comments, this meeting was adjourned at 8:16pm. APPROVED: -/ i l / Gail L. Ash,Mayor ATTEST: tak • Tracy Ackroyd Howe, City Clerk <, .- ' 7