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09-24-2002 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, September 24, 2002 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Caputo, Dupee, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Planning Director Brown, and Deputy City Clerk Studdard. INVOCATION The invocation was offered by Council Member Mullins, followed by the repeating of the Pledge of Allegiance to the Flag by all present. 2002 - 2003 BUDGET ltEARING 2002-2003 Ad Valorem Millage Rate - Resolution No. 1270 Mayor Turville stated that this wag advertised as a tax increase, but that no increase in the tax rate is involved, rather the yield is increasing due to re-evaluation and new construction. Mayor Turville then stated that any questions or comme.nts regarding this proposed millage rate was invited. Mayor Turville read the resolution in its entirety. No public comment was given. A motion was made bp Council Member Dupee, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1270. 2002-2003 TENTATIVE FISCAL YEAR BUDGET RESOLUTIONS Resolution No. 1271 2002-2003 General Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. ' A tnotion was made by Council Member Caputo, seconded bp Council Member Dupee, and carried unanimously to adopt Resolution No. 1271. Resolution #1272 2002-2003 Infrastructure Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public conunent was given and Mayor Turville closed the public hearing. A ~notion was made bp Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to adopt Resolution No. 1272. Resolution//1273 2002-2003 Recreation Impact Fee Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. .4 motion was made by Council Member Caputo, seconded by Council Me~nber Mullins, and carried unanimously to adopt Resolution No. 1273. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 2 Resolution #1274 2002-2003 Police Impact Fee Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. `4 motion was made by Council Member Caputof seconded by Council Member MuIlins, and carried unanimously to adopt Resolution No. 1274. Resolution #1275 2002-2003 Fire Impact Fee Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. `4 motion was made by Council Member Dupee, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1275. Resolution #1276 2002-2003 Water Impact Fee Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. ,/1 motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1276. Resolution #1277 2002-2003 Sewer Impact Fee Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. `4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to itdopt Resolution No. 1277. Resolution #1278 2002-2003 Community Development Block Grant Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. .4 motion was ~nade by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1278. Resolution #1279 2002-2003 Sales Tax Bond Fund Budget Mayor Turville read the resolution by title only and opened the pub~lic hearing. No public comment was given and Mayor Turville closed the public hearing. motion was made by Council Member Caputo, seconded by Council Member Mullins-, and carried unanimously to adopt Resolution No. 1279. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 3 Resolution #1280 2002-2003 Public Improvement Bond Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1280. Resolution #1281 2002-2003 Water/Sewer Bond Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was g~ven and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1281. Resolution #1282 2002-2003 Building Construction Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was gtven and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Mullins, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1282. Resolution #1253 2002-2003 Water Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was g~ven and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unantmously to adopt Resolution No. 1283. Resolution #1284 2002-2003 Sewer Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was g~ven and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unammously to adopt Resolution No. 1284. Resolution #1285 2002-2003 Stormwater Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was g~ven and Mayor Turville closed the public hearing. ,4 motion was made by Council Member Dupee, seconded by Council Member Caputo, and carried unanimously to adopt Resolution No. 1285. Resolution #1286 City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 4 2002-2003 Sanitation Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. A motion was made bp Council Member Mullins, seconded by Council Member Dupee, and carried unanimously to adopt Resolution No. 1286. Resolution #1287 2002-2003 Community Redevelopment Agency Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. A motion was ~nade by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1287. Resolution #1288 2002-2003 Cemetery Perpetual Care Fund Budget Mayor Turville read the resolution by title only and opened the public hearing. No public comment was given and Mayor Turville closed the public hearing. A motion was made by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to tentatively adopt Resolution No. 1288. REGULAR MEETING MINUTES City Manager Saunders stated that the first sentence of page two of the minutes of the January 17, 2002 Workshop should be revised to read, 'After discussion there was no consensus of the City Council for a workshop to be held, but that this should proceed through the normal process before the Planning & Zoning Commission and the City Council.' A motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to approve the minutes of the regular meeting of September 10, 2002, the minutes of the workshop meeting of Januar~ 17, 2002, as amended, the minutes of the workshop meetings of December 20, 2001 & March 14, 2002, and the minutes o£the retreat minutes of Februar~ 15, 2002 and March 29, 2002. REPORTS Council Member Caputo Council Member Caputo stated that Lake County has officially agreed to take Cooper Memorial Library into its library system. He stated that the Board of Cooper Memorial meets tomorrow to sign an interlocal agreement with Lake County. Council Member Caputo then suggested that in the future the City Council should receive copies of department budgets during the annual budget process. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 5 Council Member Mullins stated this enters the area of City Manager duties and further discussion should take place at a Council workshop. Council Member Caputo then reminded the City Council they had agreed to have quarterly retreats and stated the schedule should be looked at for this. Council Member Caputo then asked to see an update of the landscape ordinance and asked if a meeting with Jeff Sellers had been scheduled. City Manager Saunders stated that two or three dates in late October are being looked at for the meeting. Council Member Caputo then asked the status of the updated ordinance to revise the reuse water rates. City Manager Saunders stated that suggestions will be brought to the City Council soon. Council Member Mullins Council Member Mullins stated that he had attended the Industrial Development Agency (IDA) Appreciation Banquet last Thursday. He stated an item hc heard while there was that 95% of new jobs in the area come from existing business. He then stated that the IDA is giving South Lake County a lot of attention now and spoke regarding the IDA program to subsidize employee training. Council Member Dupee spoke regarding interest in locating an industrialpark in the area. She voiced her support of this idea. Council Member Mullins spoke regarding Lake County having an online inventory of all commercial properties available in the area in the very near future. Council Member Dupee spoke regarding this being a suggestion of the Economic Development Council five to six years ago. CONSENT AGENDA Item 1 - Contract Award Item 2 - Streetscape Item 3 - Election Attorney Voice & Data Network Services Landscaping Acquisition Procedure Approval Approval to retain The Cardwell Law Firm for Election Assistance Item 4 - Engineering Consultants Selection for Continuing Services ~4 motion was tnade by Council Member Dupee, seconded by Council Member Mullins, and carried unanimously to approve Items 1 through 4 of the Consent ~4genda City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 6 UNFINISHED BUSINESS Ordinance No. 457-M - Final Reading Mayor Turville read the ordinance by title only. City Manager Saunders stated that a letter requesting withdrawal of this item without prejudice was received today. He stated that the applicant was unable to accomplish the cross-access agreement as promised. Council Member Dupee suggested that in the future documents necessary for approval should be received prior to the City Council hearing the request. Ma~,or Turville supported this idea but stated that in this particular situation the need for the document was not discovered until after application. Council Member Dupee stated this agreement was a crucial part of access to the site. Council Member Caputo stated he believed that this was first brought up at the Planning & Zoning Commission meeting. Resolution No. 1267 - Don M. Casto Organization City Manager Saunders stated that a letter requesting withdrawal of this item had been received. Request for Sewer Service/Agreement Approval - Highland Real Estate & Investments City Manager Saunders stated he had met with the applicant and they are in the process of finalizing the agreement. He requested that the City Council table this item.to the meeting of October 8, 2002. A motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried unanimously to table the requesti~or sewer to the meeting of October 8, 2002. Variance Requests - Ambassador Cleaners City Manager Saunders stated that two variances had originally been requested and since then the need for another had been discovered. He stated that.other concerns have surfaced as well and requested that the City Council table the request to the meeting of October 8, 2002. Council Member Caputo spoke regarding this request and the right of way issue with the adjacent property owner as well as the Conditional Use Permit issue. ~4 motion was made by Council Member Caputo, seconded by Council Member Dupee, and carried unanimously to table the variance requests to the meeting qf October 8, 2002. Ordinance No. 319-C - Final. Reading Mayor Turville read the ordinance by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 7 City Manager Saunders stated that this ordinance will give the City the ability to use paper ballots for elections and gave a brief summary of the events leading to this. City Attorney Guthrie spoke regarding the process and stated that this ordinance indicates how to proceed in elections. Mayor Turville opened the public hearing at this time. No one spoke. ~4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Ordinance No. 319-C. NEW BUSINESS Resolution No. 1289 Mayor Turville read the resolution by title only. City Manager Saunders stated the purpose of this resolution is to move ahead with the use of paper ballots for this year's elections. Finance Director Van Zile spoke regarding the City's efforts to handle these elections and summarized the main points of the election procedures. Mayor Turville reviewed with Finance Director Van Zile the count procedures. City Manager Saunders requested adoption of Resolution No. 1289 and approval of the election procedures. Mayor Turville opened the public hearing at this time. Frances Hartle spoke regarding how the election would be handled on November 5 in conjunction with the County election. Mayor Turville stated that the City hopes to have the City vote occur first. .4 motion was made by Council Member Caputo, seconded by Council Member Mullins, and carried unanimously to adopt Resolution No. 1289 and approve election procedures. Mayor Turville asked if anyone wished to speak on any other issue. Jim Purvis stated he had sent an e-mail to two Council Members regarding sign variance recently approved for a church on U.S. 27. He stated his belief that this variance is illegal since the purpose of a variance is for relief of hardship and asked the City Council to reconsider their decision. City Attorney Gurthrie cautioned that the City Council can only discuss whether to readdress the issue or not. He stated that the variance meets criteria and spoke regarding the needed revisions to the current sign ordinance which supports the need for the variance. He then stated that the approval of the variance is defendable but if the City Council wishes to reconsider it must act quickly. City Attorney Guthrie then warned the City Council to only respond to emails in a general sense. City of Clermont MINUTES REGULAR COUNCIL MEETING September 24, 2002 Page 8 Council Member Renick stated that this was discussed at a workshop and the indication there was not to reconsider the decision. Robert Beasley spoke as a member of Chapter 188 of the Korean War Veterans and asked for the City Council's support of Veteran's Appreciation Day to be held November 3, 2002 at the Citrus Tower. He invited the public and Council to attend and spoke regarding their scholarship program being geared toward students attending local colleges. Council Member Dupee stated she attended the ceremony last year, which was very nice, and spoke regarding enrollment at the South Lake campus of Lake Community College. Council Member Renick then spoke regarding the cleanup effort that took place over the weekend being a great success and thanked Mr. Beasley as well as Parks & Recreation Coordinator Amy Lesner for their efforts. There being no further business, the meeting adjourned at 8:30 p.m. Attest: Hal T't~ville, Mayor