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03-09-2004 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2004 The Clermont City Council met in a regular meeting on Tuesday, March 9, 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, Caputo, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, and City Clerk Ackroyd. INVOCATION Council Member Mullins gave the invocation, followed by the recitation of the Pledge of Allegiance. RECOGNITION Mayor Turville recognized the City of Clermont Engineering Department for being nominated and presented with the Public Organization of the Year Award for National Engineering Week. REPORTS City Manager Saunders scheduled two Council Workshops for March 18 and March 25 at 6:00pm. Attorney Guthrie - No Report Council Member Ash represented the City at the Lake Community Action Agency and stated she is pleased with the development of the new center being constructed in Clermont for the Head Start program. Ms. Ash attended the Firefighters Conference in Orlando and encouraged other Council Members to attend next year, if offered. Council Member Caputo - The Library Board had an emergency meeting to discuss the mold situation. A report has not yet been received determining the extensiveness of mold in the building. The board will consider temporarily closing a portion or the entire building. Also, Mr. Caputo represented the City in attending the first Lake Sumter MPO meeting. Council Member Mullins - No Report Council Member Renick- No Report Mayor Turville - No Report MINUTES Approval of City Council meeting minutes held on February 24, 2004. Council Member Renick moved to approve the minutes of February 24 as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye." 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 March 9, 2004 Item 1 - Final Plat Approval West Stratford at Kings Ridge Item 2 - East Town Center Request for approval to refund Regency Center for required over sizing of water line Council Member Caputo pulled item 2 from the consent agenda. Council Member Caputo moved to approve consent agenda item 1; seconded by Council Member Ash. The motion passed with all members present voting "aye." Council Member Caputo clarified this is a typical cost to the City ofupsizing a line whether it be water or sewer and we are not paying anything other than the material cost difference. Council Member moved approval of consent agenda item 2; seconded by Council Member Mullins. The motion passed with all members present voting "aye." UNFINISHED BUSINESS Police Dept. Review Consultant The Council tabled the ranking of the consultants at the meeting held January 27, 2004. Council Member Ash recommended waiting to consider hiring a consultant until at, er a new Police Chief is hired since Chief Story has submitted a letter of intent to retire. Council Member Renick agreed with Council Member Ash. Council Member Renick moved to set this issue aside and hopes it will not be necessar~ once someone is in place. Council Member ~4sh recommended coming back in 90 days or more after a new Police Chief is hired. Council Member Mullins agreed with the motion to set aside and not to table; then seconded the motion to set aside. Discussion - Mayor Turville agreed with the idea to set aside instead of tabling the issue and supports the motion. Council Member Caputo apologized to all the people who put a lot of time and effort into this issue. Mr. Caputo stated he does not believe a new Police Chief will be capable of resolving all the issues within the Police Department. Furthermore, he stated the City needs a plan from a consulting firm who has expertise in these areas. Council Member Ash stated she would rather see the funds set aside for the analysis to go toward the replacement of a Police Chief. Council Member Renick disagreed with Council Member Caputo. Council Member Caputo called for the question. The motion passed 4 to 1 with Council Member Caputo opposing. NEW BUSINESS Ordinance No. 332-C Introduction Mayor Turville read Ordinance No. 332-C aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2004 An Ordinance of the City Council of the City of Clermont, Florida, amending article III, creating section 86-149, entitled development agreements; providing for definitions; providing for requirements for development agreements; providing for a public hearing process; providing for local laws and policies governing development agreements; providing for recording of development agreements in the public records; providing for enforcement of development agreements; providing for inclusion in the City of Clermont code; and providing an effective date. Council Member Mullins moved introduction of Ordinance 332-C; seconded by Council Member Ash. The motion passed with all members present voting "ave." Mayor Turville stated that he is employed by the person whose area is affected by the changes in Ordinance 333-C, Ordinance 475-M and Ordinance 476-M. Therefore, Mayor Turville declared he will be abstaining in the voting of the introduction and final hearing process as there may be some perceived conflict. Ordinance No. 333-C Introduction Mayor Pro Tem Mullins read Ordinance No. 333-C aloud by title only. An Ordinance of the City of Clermorit City Council, Clermont, Florida amending subpart B, Land Development Code of the Code of Ordinances; amending section 82-12 entitled definitions; amending chapter 122 Zoning, amending article V, creating section 122-356, entitled Bed and Breakfast Inns; amending Article III, Districts, Division 6, R-3-A Residential Professional District, section 122-164; Division 7, R-3 Residential Professional District, section 122-184; Division 8, C-1 Light Commercial District, section 122-204; Division 9, C-2 General Commercial District, section 122-224; Division 10. CBD section 122-244; providing for a severance clause; providing for inclusion in the City of Clermont Code; and providing an effective date. Council Member Renick moved introduction of Ordinance 333-C; seconded by Council Member ~tsh. The motion passed 4 to 0 with Mayor Turville abstaining. Ordinance No. 475-M Introduction Mayor Pro Tem Mullins read Ordinance No. 475-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting a small scale comprehensive plan amendment for the City of Clermont, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the small scale comprehensive plan amendment; setting for 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 Renick moved introduction of Ordinance 475-M; seconded by Council Member Ash. The motion passed 4 to 0 with Mayor Turville abstaining. 3 Ordinance No. 476-M Introduction City of Clermont MINUTES REGULAR COUNCIL MEETING March 9, 2004 Mayor Pro Tem Mullins read Ordinance No. 476-M aloud by title only. An Ordinance of the City of Clermont, Florida, adopting a comprehensive plan amendment for the City of Clermont, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes; setting forth the authority for adoption of the comprehensive plan amendment; setting forth the purpose and intent of the comprehensive plan amendment; providing for the adoption of the comprehensive plan amendment; establishing the legal status of the comprehensive plan amendment; providing a severability clause; and providing an effective date. Council Member Renick moved introduction of Ordinance 476-M; seconded by Council Member Ash. The motion passed 4 to 0 with Mayor Turville abstaining. Ordinance No. 479-M Introduction Mayor Turville read Ordinance No. 479-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Container Rental Company, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved for introduction of Ordinance No. 479-3/I; seconded by Council Member Ash. The motion passed with all members present voting "aye." Mayoral Appointment Mayor Turville appointed Mr. JeffWilliams to the Parks and Recreation Advisory Committee. Mayor Turville stated this is the end of the published agenda. Council Member Ash suggested further discussion at the next workshop of the fiscal impact of searching early for a new Police Chief before Chief Story retires. City Manager Saunders introduced Darren Gray. He will begin employment with the City the first part of April as Assistant City Manager. Mayor Turville read a letter he received from Matt Modica in reference to the enforcement of codes as it relates to trees. Council Member Renick recommended discussing the enforcement of landscaping codes at one of the next workshops. Ray Goodgame, 2118 St. Ives Court, thanked Council and staff for their assistance in resolving the water pressure issue at Kings Ridge. He further stated Lennar has installed pressure regulators. Bill Banzhalf, President of Downtown Clermont Partnership, informed Council that their bylaws call for the City Manager'afid,.Council to work with their group. Mayor Turville stated he will create a liaison from the Council. ADJOURN: ATTES. T:~~ With no further comments, the meeting was adjourned at 7:55pm. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I L_~AST NAME-;FI,RS~T NAME--MID. OI.~ NAME /~ NAM~OF~ BOARD. COUNCIL, COMMISSION. ,~,UTHORITY. OR COMMITTEE r MAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE OCCURRED ..~.,,,., C[ ~, ~L~ THE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: I~a,.,ClTYI, ,/' I-ICOUNTY []OTHERLOCALAGENCY MY POSITION IS: ~"~LECTIVE [] APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any I~erson serving at the ;;ounty, 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 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 be read publiciy at~th~ next meeting ~fter 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, wh'o must incorporate the form in the mir~utes. A copy of the form must be pr0?ided immediately 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, ____~~/'_~__~_~_' __~_~L,/_~_~=- '~. ........ hereby disclose that on _~"~/~ ~ (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, __t~_ inured to the special gain or loss of ~',~,~' - whom I am retained; or ~ ___ inured to the special gain or loss of ; by which is the parent organization or subsidiary 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: Date Filed 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 FORM 8B M EMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LA.~i~ME--FIRST ,NAME--MID~DLE NAME ~ NAME.OF BOARD. COUI~CIL. COMMISSION. AUTHORITY. OR COMMrl-rEE MAILING ADDRESS COUNTY ON WHICH VOTE OCCURRED THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMI'i-rEE ON WHICH I SERVE IS A UNIT OF: I~'CITY [] COUNTY [] OTHER LOCAL AGENCY MY POSITION IS: ELECTIVE El APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any p~rson serving at the cou'nty, 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, Flodda 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 tD 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 Df 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 be read publ'icly at the next meeting,after the form is flied. 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 -~m'plete the form and file it within .15 da~/s ~fter the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the mir~utes. 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 flied. DISCLOSURE OF LOCAL OFFICER'S INTEREST I ._.~,/"~___~'~/~,/~Z'/_~'~ '-J""-/'~ .... hereby disclose that on ~ (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 ~,~',~'~,~f~., ~ ___ 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 conflicting interest in the measure is as follows: , which Date Filed 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. 112000 PAGE 2 Orc . FORM 8B MEMORANDUM OF VOTIN6 CON LIOT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLEtNAME ~ % NAM~,OF BOARD. COUNCIL. COMMISSION. AUTI-JORITY, OR COMMITTEE o^,, o. w.,c. %_ q_O ( MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITi'EE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY ~f~'~'TY a COUNTY CI OTHER LOCAL AGENCY NAIVI~E O,.F P~OLITICAL SlJ~it~lVISJ~l: J · _  "ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person servin'~ It 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 Dr 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 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 be read. pui31icly at the next meeting after ti]e 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 provide.d ih~mediately 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,__.Z~_~rJ_-:/~'-'g ~/- .g".,/'~_'-J ~'~. ...... hereby disclose that on _ (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 Signature NOTICE: UNDER PROVISIONS OF FEORIDA 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 PI~NALTY NOT TO EXCEED $10,000. 'CE FORM 8B - EFF. 112000 PAGE 2