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10-14-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2003 The Clermont City Council met in a regular meeting on Tuesday, October 14, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 pm with the following Council Members present: Council Members Caputo, Mullins and Renick. Other City officials present were: City Manager Saunders, City Attorney Guthrie, and City Clerk Ackroyd. INVOCATION Council Member Caputo gave the invocation, foilowed by the recitation of the Pledge of Allegiance. MINUTES Minutes of Special Council Meeting held September 3, 2003 Minutes of Regular Council Meeting held September 9, 2003 Minutes of Special Council Meeting held September 11, 2003 Minutes of Regular Council Meeting held September 23, 2003 Council Member Caputo moved to approve the minutes as presented; seconded by Council Member Mullins. The motion passed with all members present voting "aye." REPORTS City Manager Saunders - Advised Council the next meeting will be held in the new Council Chambers. City Attorney Guthrie - Informed Council of the signed order which incorporates into the lawsuit filed by Lake Utilities. The settlement with Lake Utilities established the new service area and was incorporated into the court order. The order can be enforced under this lawsuit if there is a dispute. Council Member Caputo - Mentioned request of NJCAA to use Hancock Park. Council Member Mullins - Informed Council of the Chamber Breakfast on Friday at 7:30am. Council Member Renick - No Report Mayor Turville - No Report 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. Item - 1 Surplus Items Item - 2 Use of Hancock Park Clermont Girls Softball League Item - 3 - Waterfront Park Event Great Florida Triathlon Declare Surplus property for auction Request the use of Hancock Park for a NSA Tournament on Oct. 25 &26, at a reduced rate. Request use of Waterfront Park for the Great Florida Triathlon, "Group Swim" on Thursday, Oct. 23, as part of the Triathlon which will take place October 26. City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2003 Item - 4 - Hancock Park Event Dot Richardson Sports Association Item 5 -Lease Agreement Renewal Request Use of Hancock Park for National Jr. College Women's Sot~ball Championship from May ! 7-23, 2004. Renewal of Lease Agreement with Lake County for use of 882 Desoto Street - Sheriff Substation Item 6 - Bid Approval Bishop Field Bid approval for fencing at Bishop Field Item 7 - Event Request East Ridge High School Request to have a Homecoming Parade on 10/31/03 in downtown Clermont Council Member Renick moved to approve the consent agenda in its entiret~ with the noted comment that Robert Pool is incorrectly listed as the Chairman on the Lease ,~greement whereas Welton Cadwell is the correct Chairman; seconded by Council Member Mullins. The motion passed with all members present voting "ape." Mayor Turviile asked Council to consider approving a small circus event at the Citrus Tower. A permit was not pulled due to misunderstanding therefore requires Council approval to issue a permit. Council Member Mullins moved to place on the agenda; seconded by Council Member Caputo. The motion passed with all members present voting "ave." Planning Director Brown stated the permits issued would be open air sales, a tent permit ifa tent is involved, and proof the tent is properly flame retardant. Also, the Fire Department requests the opportunity to inspect the site before the event begins. The applicant, Greg Homan, was available for questions from Council. Council Member Caputo moved for approval.of the forthcoming application for the permit with the stipulation that along with the Fire Department looking at it, that sta_lCfs recommendation for traffic control also be required and responded to; seconded by Council Member Mullins. The motion passed with all members present voting "ave." UNFINISHED BUSINESS Variance Request, DavM L. Allyn To allow for required trees to be 2½" in caliper rather than 4" required by code for the Clermont Professional Center located at the intersection of Citrus Tower Blvd and Grand Highway. This request was tabled at the September 23 meeting in anticipation of the availability of the model Landscape Ordinance being produced by St. Johns River Water Management District. A draft is not available at this time. Council Member Renick moved to postpone to the November 11, 2003 meeting; seconded bp Council Member Mullins. Planning Director Brown stated the applicant is requesting the issue be tabled to the October 28, 2003 meeting. There will not be a Council meeting held on November 11, 2003 due to a holiday. Council Member Renick moved to amend her motion to time specific October 28, 2003; seco'nded by Council Member Mullins. The motion passed with all members present voting "aye." City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2003 Variance Request, De Witt Enterprises, Inc. Mayor Turville advised this portion of the hearing will be conducted in the Quasi Judicial manner and anyone wishing to speak for or against this item should come forward and be sworn in at this time. Planning Director Brown briefed the Council of the request to allow for a landscape buffer to be placed on a slope rather than on level ground for a commercial development located south of Hwy 50, east of Rolling Hills Ford. Staff supports variance request. City Clerk Ackroyd swore in Anita Geraci from Gray, Harris & Robinson, 1635 E. Hwy. 50. Ms. Geraci was appearing for Jimmy Crawford who represents DeWitt Enterprises and was available for questions. City Manager Saunders recommended Council approve request for the 10' fiat area but allow staff to work with the engineer and the DeWitt's on where the fiat area would be in order to meet the intent of our code. Council Member Renick moved to approve the DeWitt variance request with the intent staff will follow up; seconded by Council Member Caputo. The motion passed with all members present voting "aye." NEW BUSINESS Water & Sewer Agreement, Senninger Irrigation City Manager Saunders advised Council that the agreement provides water and sewer for a proposed project south of Hwy. 50, East of Hancock Road and allows impact fee credits for the required over sizing of the lines necessary to serve other areas. Council Member Mullins moved for adoption of the agreement; seconded by Council Member Caputo. The motion passed with all members present voting "ave." Resolution 1347 Mayor Turville read Resolution 1347 aloud by title only. A Resolution of the City of Clermont, Lake County, Florida, establishing the rate schedule for sanitation service, repealing Resolution No. 1290 and providing for an effective date. City Manager Saunders briefed the Council that the Resolution establishes a reduced monthly Sanitation fee from $21.50 to $20.00. The proposed reduction is due to Lake County reducing their tipping fees. Council Member Mullins moved for adoption o£ Resolutionl 347; seconded bp Council Member Renick. The motion passed with all members present voting "ave." Center Lake Properties, Ltd Planning Director Brown advised Council that Center Lake Properties is requesting Lake County rezone from R-4 to PUD, 442 acres located northeast of the intersection of Hartwood Marsh Road and Hancock Road. This property is in the adopted JPA area and is contiguous with city limits. Mr. Brown stated that a request for annexation and a CUP is proposed to come before the City Planning & Zoning and Council in November. Staff recommends that the city be given an opportunity to meet the time schedules as laid out prior to the County Commission hearing and taking action on this request for rezon, ing. 3 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2003 Cecelia Bonifay was present representing Center Lake Properties and requested Council support staff's position. Council Member Caputo moved to accept stall's recommendation and noti~ the County; seconded by Council Member Mullins. The motion passed with all members present voting "ape." Orlando Utilities Commission, Consumptive Use Permit Mayor Turville stated that the St. Johns River Water Management District is considering signing offon a permit request by the Orlando Utilities Commission (OUC). The permit increases their consumption over a 20 year period which is not the same type permit issued to other agencies. City Manager Saunders advised the Council that the City issued a request to the St. Johns Water Authority for 30 days &additional time to respond to the OUC permit request. The City was denied the 30 days. Lake County and Orange County have filed objection petitions therefore they will be proceeding in the administrative hearing process. Mr. Saunders stated the City has a couple options which are filing for an administrative hearing by next Monday or cooperating with Lake County. Lake County is requesting non monetary support from other cities for their position. They would like an agreement between Lake County, Orange County and OUC instead of a court battle. If it becomes a court battle, Lake County may request monetary assistance from the cities affected. Mr. Saunders recommends supporting the County and further noted the City would meet with them on a regular basis to ensure their understanding of the City of Clermont's concerns. If the City Council prefers to take formal action and apply for a separate administrative hearing, someone would have to be hired to act for the City which can be expensive. Attorney Guthrie clarified that if the Council decided to be more formally involved, the City would act as an intervener. His concern with Lake County's position is they are not impacted as a utility provider. City Manager Saunders stated there is a condition in the permit that OUC enter an agreement with Orange County to receive approximately 10 million gallons of re-use water which is one issue the District is basing their decision on not to require them to the roll back their consumption as previously done with other permits. Council Member Caputo stated he had the understanding that the City of Clermont's Conditional Use Permit would be a model for future permits. He is concerned if we do not take an active role it would weaken our position with St. Johns River Water Management District. City Manager Saunders clarified that the City would not be sitting on the sidelines; we would be involved. Council Member Renick would like to file an administrative hearing. She disagrees with hiring a lawyer and further recommended City staff, Attorney and citizens represent the City. Council Member Renick encouraged other cities to be interveners and questioned hiring an attorney. Attorney Guthrie stated the formal process will take resources and expertise dependant upon the level of involvement. Mayor Turville noted that he does not want to expend taxpayer's money. A member of the audience, Jerry Turner from Kings Ridge, concurs with Council Member Renick and stated money should not be a consideration. 4 City of Clermont MINUTES REGULAR COUNCIL MEETING October 14, 2003 Council Member Caputo could not justify spending money with the possibility of losing. Council Member Renick moved that we are an intervener; seconded by Council Member Caputo. The motion died with Council Member Renick and Caputo voting "aye" and Council Member Mullins and Mayor Turville opposing. City Manager Saunders advised Council that he will be expending staff time to actively assist Lake County by providing information to keep them apprised of the needs of not only the City of Clermont but the other cities as well. Mayor Turville stated this is the end of the published agenda and opened the floor for any further comments. ADJOURN: With no further comments, the meeting was adjourned at 8:47pm. ~--~ayo~ Hal ~urville f MEMORANDUM TO: Wayne Saunders, City Manager FROM: Joe Van Zile, Administrative Services Direct DATE: October 2, 2003 RE: Surplus Equipment Items Request Attached is a schedule of equipment items requested to be declared surplus by the City Council. All items have been in storage and are not able to be used. The items are scheduled to be sent to a public auction for sale on October 18th. Please schedule for approval at the October 14th council meeting. CITY OF CLERMONT FINANCE DEPARTMENT SURPLUS OFFICE EQUIPMENT OCTOBER, 2003 EQUIPMENT TYPE SERIAL NUMBER Swingline Automatic Business Machine Model 6350 IBM Typewriter (black) #26695018 IBM Typewriter (tan) #6705116131292 Computer Monitor #M5EP6Z900081 Keytronic Key Board #J944336985 Royal Monitor #HI 03199 Impacq Micro Modem #VEC93009258 Packard Bell Keyboard #BCKB53815744 Mitsumi Keyboard 50*KPQEA4ZA787M0378*7577 Okidata Printer 406A0077106 Magic Tech Modem MT0000189 IBM Keyboard 0204009 IBM Monitor 23C3586 Microsoft Mouse 06233744 NCR Keyboard 008-007293461496 Umax Astra 600P Laser Printer H5EOP780415 Hewlett Packard Printer 2949JAOUZB IBM Monitor 2309064 Hewlett Packard Laser Printer 3033A35442 Mita Copier DC152C 36035096 Sony Monitor 4027604 ADC Modem 13002 IBM Keyboard 97874 Okidata Printer 60ZD16250872 IBM Mouse 96F9Z74 IBM Modem 23CNKYX 2 Metal Filing Cabinets