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08-10-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2004 The Clermont City Council met in a regular meeting on Tuesday, August 10, 2004 in the Council Chambers at City Hall. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Ash, Mullins, Caputo and Renick. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, and City Clerk Ackroyd. INVOCATION Boy Scout Troop 551 gave the invocation followed by the recitation of the Pledge of Allegiance. MINUTES City Council Workshop minutes held March 25, 2004 and meeting minutes held July 13, 2004 and July 27, 2004. Council Member Renick requested adding the remainder of the public portion comment from the July 27 meeting relating to the inquiry of South Lake Foundation receiving a tree penalty. Council Member Renick moved approval of the minutes as amended; seconded by Council Member Mullins. The motion passed with all members present voting "ave ". REPORTS City Manager Saunders set a tentative date for the cemetery workshop to be held on September 2nd at 6:00pm. Attorney Mantzaris - No Report Council Member Ash - No Report Council Member Mullins - No Report Council Member Renick informed Council she was contacted by the Land Acquisition Committee requesting the cries in Lake County approve a Resolution in support of an amendment on the November ballot. Furthermore, asked to be placed on the next workshop agenda to discuss with Council. Council Member Caputo resigned as Council Member Seat 2 effective August 31, 2004. Mayor Turville - No Report PROCLAMATION Mayor Turville read aloud a Proclamation designating a Special Election to fill the unexpired term of Council Member Seat 2. The Special Election will be held on November 2, 2004. Mayor T. urville also read aloud a Proclamation declaring Constitution Week for September 17 - 23, 2004. 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. City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2004 Item - 1 Bid Approval Construction Bid Approval Street Resurfacing & Parking Lot Item- 2 Purchase Approval Approval to purchase a new repeater and audio recorder with funds from the Seizure Fund Council Member Caputo moved approval of agenda items 1 and 2; seconded by Council Member Mullins. The motion passed with all members voting "aye ". NEW BUSINESS Verde Ridge Agreement Amendment City Manager Saunders advised Council that this agreement amends the Utilities Agreement with Donald Cuber Trust for Verde Ridge Development. City Engineer Richardson has reviewed the flows and is confident it will not overtax the system. City Attorney Mantzaris suggested adding language to Section 2 to include all 190 units in phase one (1) plus the recreational building. The applicant was present and available for questions. Council Member Renick recommended staying with the original agreement unless we have a form of financial protection. City Manager Saunders suggested a bond. City Attorney Mantzaris stated a bond or letter of credit could be drafted with a dollar amount in the event in a 2 year period what was not hooked up those funds would return to the City as an incentive to complete the project. Jim Phan, 401 W. Colonial, Suite 7, Orlando, a representative of Donald Cuber Trust, informed Council he would be in agreement to a bondor letter of credit. Council Member Caputo moved approval of the amendment with the addition ora letter of security or bond; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Ordinance 476M - Introduction An Ordinance of the City of Clermont, Florida, adopting a Comprehensive Plan Amendment for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the purpose and intent of the comprehensive plan amendment; establishing the legal status of the comprehensive plan amendment; providing a severability clause; and providing an effective date. Mayor read Ordinance 476M aloud by title only. Mayor Turville abstained from voting and declared a conflict of interest and passed the gavel to Mayor Pro Tem Mullins. Council Member Caputo moved introduction of Ordinance 476M; seconded by Council Member Renick. The motion passed with all members present voting "aye". 2 City of Clermont MINUTES REGULAR COUNCIL MEETING August 10, 2004 Immanuel Temple City Manager Saunders stated the applicant requested to address Council regarding the project progress and informed Council of the on-going code enforcement case of the project. Carla Childs, 405 S Tangerine Circle, Eagle Lake, a member of Immanuel Temple to speak on behalf of the pastor. Ms. Childs outlined the project log of Immanuel Temple in the reconstruction of the church. She requested the City Manager investigate and monitor reconstruction of the building and to waive any additional fees. City Manager Saunders agrees with the timeline. He stated Montverde Engineering submitted the site plan for the church on March 25 for the Site Review Committee to review and on April 1 a letter was sent to Montverde Engineering with the Engineering comments and on April 14 from the Planning Department. The City still has not received a revised set of plans which is the next step for approval. The contractor could not pull a permit due to site plans not being approved. In order to move forward with the project approved, staffneeds a parking agreement as stipulated in the Conditional Use Permit and a revised site plan. In regards to the request to waive fines, City Manager Saunders informed Council he could request the fines be waived or lowered once they are through the process. City Attorney Mantzaris clarified the Council has to make the final decision. James Jenkins requested the liens be removed and stated the plans should be complete. Mayor Turville emphasized the liens cannot be forgiven at this meeting. City Manager Saunders reported that he has directed staffto make this a priority and is recommending approval. Discussion ensued with regard to modifying the Conditional Use Permit. City Manager Saunders explained an amendment would have to be heard by the Planning & Zoning Commission first. Mayor Turville recommended further discussion between the applicant and staff before returning to Council. Mayor Turville stated this is the end of the published agenda and opened the floor to the audience for comments. Margaret Abney, 409 E. Desoto Street, criticized cemetery upkeep and made a complaint about the slow response of the police department. Mr. Saunders stated that street is not open as a public street but would look into it. Edward Shelton, 722 E. Desoto Street, informed Council of properties in that area not being kept up specifically the east end of Desoto Street as well as 791 E. Montrose Street and the property next to it. Mayor Turville recommended he call the City to send staff out to assess the properties mentioned. Bill Banzhaf, 931 W. Montrose Street, would like to schedule a meeting to discuss Light Up Clermont. City Manager' Saunders advised that it will be discussed at the September 2 workshop. Teresa Cherry, 609 W. Osceola Street, suggested a park streetscape project fo~ the property at Osceola and Lake. ATTEST: ..~DjouRN:..With no further comments, the meeting was adjourned at APPROVED: ~~rk3 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS/-' ' I LAS~..I~ME--FIRST NAME--MIDDLE NAME NAME OF BOARD. COUNCIL. COJVIMIS,%LON..AUTHORI'I~. OR COMMITTEE WHICH I SERVE IS A UNIT OF: CITY COUNTY ~CI~ ~ COUN~ ~ OTHER LOCAL AGENCY ~ --. B ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the count~/, city, or other local level of govemm'er~t on an appoihted 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 abstaining 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 b~ read. p(~blicly at the. next .meetihg after ['he 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 forn~-and=fil~ it Withih 1.5 days after,the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in t.he minutes. A copy of the form must be provided imniediat .ely to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST i,__~..~'~C~. ~-...T~(.v~ _~_~.~._, hereby disclose that on__~l,.,,4.~' (a) A measure came or will come before my agency which (check one) 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, inured to the special gain or loss of 'whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. .(b) The measure before my agency and the nature of my confiicting interest in the measure is as follows: , which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §11.2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE J1 CONSTITUTES GROUNDS FOR AND MAY.BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,i~ii REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A~I~ / CIVIL PENALTY NOT TO EXCEED $10,000. 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