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02-24-2004 Regular Meeting City of Clermont . MINUTES REGULAR COUNCIL MEETING February 24, 2004 The Clermont City Council met in a regular meeting on Tuesday, February 24, 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 Sannders, City Attorney Guthrie, Administrative Services Director Van Zile and City Clerk Ackroyd. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Approval of City Council minutes held December 3, 2003, January 22, 2004, February 10, 2004 and February 12, 2004. Council Member Renick moved to approve all four sets Of minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye." RECOGNITION Mayor Turville recognized the Clermont Police Department for attaining National Accreditation. Mayor Turville recognized Walter Poynter of South Lake High School Service Learning Class for allowing his students to do community service on City projects. Mr. Poynter recognized two students, Jeremy and Megan. REPORTS City Manager Saunders scheduled the next Council workshop for March 3, 2004 at 6:30pm. City Attorney Outhrie - No Report Council Member Ash - The Clermont Police Dept. received recognition at the Lake County Board of County Commission meeting for attaining accreditation. Council Member Caputo - No Report Council Member Mullins -No Report Council Member Renick questioned whether she was in violation of the Sunshine Law by attending the same County Commission meeting as Council Member Ash. Mr. Guthrie stated that she is not in violation because it was a public meeting. Mayor Turville congratulated Keith Mullins for receiving the designation of Citizen of the Year through the South Lake Chamber of Commerce. 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 February 24, 2004 Item 1 - Pumhase Approval to purchase Clam & Sanitation Truck Item 2 - Bid Approval Bid Approval for electrical and lighting upgrades at Hancock Park Item 3 - Purchasing Policy Approval of revisions to the City's Purchasing Policy Item 4 - Personnel Policy Approval of revisions to. the City's Personnel Policy Item 5 - Group Medical Insurance Request approval of revisions to the City's Group Medical Insurance Plan Item 6 - Harassment Policy .Request approval of revisions to the City's Harassment Program Item 7 - Employee Assistance Program Approval of a City's Employee Assistance Program Item 8 - Parade of Homes Resolution 1368 Allowing 8 directional signs for the upcoming Parade of Homes event from 2/25 thru 3/8/04 Council Member Caputo asked to remove Item 4 from the Consent Agenda. Council Member Caputo moved to approve Items 1, 2, 3, 5, 6, 7 and 8 from the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Council Member Caputo stated he would like to include that the City Manager receives an annual evaluation from the City Council under section 1-1 of the Personnel Policy. Council Member Caputo moved to adopt Item 4 of the Consent Agenda as amende& seconded b¥ Council Member Ash. The motion passed with all members present voting "aye." City Attorney Guthrie stated he would provide appropriate language to include in the policy. NEW BUSINESS Family Christian Center, E. gE. Griffith Resolution 1365 Mayor Turviile read Resolution 1365 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to amend the existing Conditional Use Permit to allow the addition of two modular buildings. Planning Director Barry Brown informed Council of this request for a conditional use permit to amend Resolution 1045 to allow the addition of two modular buildings located at 2500 Highway 27. 2 City of Clermont MINUTES REGULAR COUNCIL MEETING February 24, 2004 City Clerk Ackroyd swore in Edward W. Griffith, Rick Van Wagner, 15731 Greater Trail; Robert with McCoy & Associates, and John Griffin. Council Member Ash voiced concern regarding the availability of parking. City Manager Saunders suggested language to be included in the motion to state "in the future if parking becomes an issue it can readdressed by staff". Based upon that statement, Council Member Caputo moved adoption of Resolution 1365 as amended; seconded by Council Member Mullins. Th_n motion passed with all members present voting "ave." Kids R US, Bart Sutherin Resolution 1366 Mayor Turville read Resolution 1366 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a conditional use permit to amend Resolution No. 1180 to allow for the expansion of a daycare facility by construction of an additional 4,800 square foot building. Planning Director Brown advised Council this was approved previously by Council. The applicant failed to sign and return the Conditional Use Permit in a timely manner. This is located at 360 Mohawk Road. The Planning and Zoning Commission and staff recommend approval. Council Member Renick moved for approval of Resolution 1366; seconded by Council Member Mullins. The motion passed with all members present voting "aye." ~4ftab Qadir Resolution 1367 Mayor Turville read Resolution 1367 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 a professional office in the R-3 zoning district. Planning Director Brown advised Council this was approved previously by Council. The applicant failed to sign and return the Conditional Use Permit in a timely manner. This is located'at 154 Highland Avenue. The Planning and Zoning Commission and staff recommend approval. City Clerk Ackroyd swore in Mr. Robbie Joshi - 5401 S. Kirkman Road, Orlando. He is the architecture for the project and was available for questions. Council Member Mullins moved adoption of Resolution 1367 as written; seconded by Council Member Caputo. The motion passed with all members present voting "a~e. " City of Clermont MINUTES REGULAR COUNCIL MEETING February 24, 2004 Variance Request, Ralph E Handley BankFirst Council Member Mullins declared a conflict of interest on this issue. Planning Director Brown stated the applicant is requesting three (3) variances for the former Quincy's site. One is to allow a 10' wide landscape buffer along Grand Highway rather than 20' buffer required by code; to allow a 4' wide landscape buffer along the SE boundary rather than the 10' buffer required by code and to allow a 4' wide landscape buffer along SR 50 rather than the 20' buffer required by Code at 1000 East SR 50. They will dedicate the property from the back of the sidewalk to the property line to the City. Staffrecommends approval as requested. Furthermore, Mr. Brown is working with Florida DOT in regards to improving the intersection of Hwy 27 and Hwy 50 which will require an additional right of way on Grand Highway. The City and the applicant can accommodate the long term right of way for Grand Highway if this building is moved 5 feet to the east. By moving the entire site plan to the east, it would allow DOT to obtain the right of way needed along Grand Highway to make the improvements to this intersection. Mr. Brown recommended coming back to the council with a variance request to allow for a landscape buffer along the east side of no more than 5 feet. Attorney Jimmy Crawford representing Bank First was present to address questions from the Council. City Clerk Ackroyd swore in Ray Goodgame. Council Member Renick moved to grant the variance request for the Bank First site; seconded by Council Member Caputo. The motion passed with all members present voting "a~e" with Council Member Mullins declaring a conflict of interest. Levitt and Sons, LLC- Water and Sewer Service Agreement City Manager Saunders advised Council the agreement is for a residential subdivision located on the south side of Hartwood Marsh Road, east of the Clermont city limits. A Developer's Agreement has previously been approved by Lake County with Center Lake Properties. This agreement requires the project to be developed according to City of Clermont Land Development Regulations and requires annexation of the property when it becomes contiguous. Cecelia Bonifay was present on behalf of Levitt and Sons. Ms. Bonifay inquired about a modification to section 1.2 to clarify utilities provided is from the west to the east along the northern boundary of the property. City Manager Saunders is in agreement with the proposed change. City Attorney Guthrie to provide language to Planning Director Brown. Mr. Guthrie requested adding another signature line to include the owner and the developer in the agreement. Ms. Bonifay agreed with the request. Council Member Caputo moved for approval of the water and sewer service agreement as amended; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Joel Casimiro - Lien Reduction City Manager Saunders informed Council that Mr. Casimiro is requesting the $14,600 in fmcs and the lien currently on his property located at 909 Disston Avenue be forgiven. The Code Enforcement Board has recommended all the frees be waived due to the progress that has been made to the property. Staffsuggested that $9,400 of the fines be forgiven. Furthermore, staff recommends that the $5,200 in fines that accumulated prior to Mr. Casimiro's purchase of the property be collected and that a lien remain on the property until the $5,200 fine is paid. City of Clermont MINUTES REGULAR COUNCIL MEETING February 24, 2004 Council Member Renick moved that we forgive the bulk of the lien but fine him $500 for Cit~ cost and in the future whenever these come before us and someone has performed, we forgive the lien but they can not get out of the cost the Cit~ has taken on; Mayor Turville passed the gavel and seconded the motion. Cit~ Attorne_¥ Guthrie recommended the motion include that if he goes along with the reduced amount, he has to pa¥ it within 30 days or the original lien amount will take effect. Council Member Renick agreed to include the suggested language in the motion; seconded b¥ Mayor Turville. The motion passed 3 to 2 with Council Member Caputo and Council Member Ash opposing. JPA Review Jaffe Rezoning Planning Director Brown reported this is a request for rezoning of 80 acres to single family residential PUD to allow 162 units. The property is within the JPA area and the County is requesting a recommendation from the City Council. Staff recommends the Lake County Board of County Commissioners not rezone the property but direct applicant to annex into the City of Clermont and proceed through the PUD process with the City since this property is adjacent to the City and in our sewer service area. Council Member Caputo moved that we go with stall's recommendation and draft a letter to the Count~; seconded by Council Member Mullins. The motion passed with all members present voting "aye." Mayor Turville stated this is the end of the published agenda and opened the floor for any further comments. Ray Goodgame, 2118 Sunny Isles Court- Kings Ridge. Mr. Goodgame requested a trash schedule be provided from the subcontractor collecting at Kings Ridge. Mayor Turville would like the City to provide service throughout the entire city. Mr. Goodgame also notified Council of a water pressure concern in Kings Ridge. City Manager Saunders acknowledged he is trying to resolve the problem. Mayor Turville distributed a letter he received from Matt Modica in reference to donated material has suffered. AD JO .URN: With no further comments, the mee.ting was adjourned at 10:15pm. .'" Tracy Ackroyd, Cit~Clerk .~q01~or Hal Turville FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME MAILING ADDRES,~ COUI~TY N~ME OF BOARD. COUNCIL. COM¥1SSION. AUTHORITY. OR COMMITTEE +' ' ...... THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ~ CITY [] COUNTY [3 OTHER LOCAL AGENCY MY POSITION IS.' m ELECTIVE [] APPOINTIVE WHO MUST FILE FORM 8B Thi's'form is for use by any person serving at the county, city, or other local level of government on,an appe~nted.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 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 d~sclose 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 for, m [~b.st b.e read 'pub. licly at. th~ .next.'meeting after tkie 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 coml~Jete the ,fom~ ~nd'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 [he minutes. A copy of the form mus. t 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 filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I ~' I~ ~ ~,,,~_~._~ ~ _~ ..... hereby disclose that on ~..- 'Z. ~ (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 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