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08-12-2003 Regular Meeting City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 1 A regular meeting of the City Council of the City of Clermont was held Tuesday, August 12, 2003 at Jenkins Auditorium. Mayor Hal Turville called the meeting to order at 7:00 p.m. with the following Council Members present: Council Members Ash, Caputo, Mullins and Renick. Other City officials present were City Manager Saunders, City Attorney Guthrie, Principal Planner Farrell and Deputy City Clerk Warren. INVOCATION Council Member Caputo gave the invocation, followed by the recitation of the Pledge of Allegiance. MINUTES Mayor Turville advised the Minutes for Council Meeting 7/22/03 and the Minutes of Workshop 6/10/03 were not available for consideration and will be considered at the August 26th meeting. REPORTS City Manager Saunders - None City Attorney Guthrie - None Council Member Ash - Council Member Ash advised that she had represented the City at the July meeting of the Lake County Community Action Agency. Council Member Caputo - Council Member Caputo advised he is concerned about the amount of overtime that is being used by the Police Department and is reviewi:ng the various records concerning this expense. Council Member Caputo pointed out for the month of July there was an average of 3.25 officers covering the City during the day and 2.6 officers during the evening. Council Member Caputo reiterated his concern for overtime being used by the Police Department and advised upon further review of the Police Department overtime and Police coverage, he will request Council to schedule a workshop to review these areas of concern. Council Member Renick - None Council Member Mullins - None Mayor Turville - None Proclamations Mayor Turville read the Proclamations for Constitution Week and Congregation Sinai. City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 2 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 Manager Saunders requested that Items 4 and 7 be pulled, Council Member Ash requested that Item 8 be pulled and Mayor Turville requested that Item 6 be pulled. Item - 1 Final Plat Approval Aberdeen at Kings Ridge Phase II Item -2 Facility Use Request Lake County - Ibini Tera Clean Lake Program Use of Waterfront Park on 9/20/03 as a distribution/collection point for volunteers Item - 3 Facility Use Request Florida Free Wheelers Horrible Hundred Ride Use of Waterfront Park on 11/16/03 for the start/finish point for the event. Item - 4 Cooper Memorial Library Lease Amended Agreement Item - 5 Surplus Items Declaring Surplus property for auction Item - 6 Demolition Approval For L&L Demolition & Salvage for demolition at 730 E. Broome St. Item -7 Boyle Engineering Engineering Services 1) Continuing Service Contract 2) West Spray Field Harvesting Evaluation 3) West Treatment Plant Permit Renewal 4) Water/Wastewater Master Plan 5) South Lake Connector Sewer Line Item - 8 Farner Barley CR 455 Water Main Extension A motion was made by Council Member Caputo, seconded by Council Member Mullins and carried unanimously to approve Items 1,2,3, and 5 of the Consent Agenda Item - 4 Cooper Memorial Library Lease -Amended Agreement. City Manager Saunders advised Page 1, Section 3 of the proposed lease, should be amended to include: The County shall remit to the City within 30 days of execution of this agreement the $60,000 received from Cooper Library Board of Directors for roof improvements. City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 3 City Attomey Guthrie also made the following proposed amendment: The obligation of the County to repay the cost of the roof shall survive the termination of this lease and shall be due and payable in full within 90 days of termination of this lease pursuant to Paragraph 11 of this Agreement. A motion was made by Council Member Caputo, seconded by Council Member Mullins and carried unanimously for approval qf ltem # 4 o_f the Consent Agenda as amended. Item- 6 Demolition Approval For L&L Demolition & Salvage for demolition at 730 E. Broome St. Mayor Turville asked staff if fines have been levied against the property. City Manager Saunders advised there were several fines associated with the structure before the decision to proceed with the demolition. He stated that the lien on the property will be for the cost of the demolition. Mayor Turville asked if there was any intent by the property owner to salvage the structure. City Manager Saunders advised all the necessary releases have been obtained from the property owner and they have agreed to the demolition. A motion was ~nade bv Council Member Caputo, seconded bp Council Member Mullins for approval qf the demolition o_f the structure located at 730 E. Broome Street, and carried bp a unanimous vote for approval. Item -7 Boyle Engineering Engineering Services 1) Continuing Service Contract 2) West Spray Field Harvesting Evaluation 3) West Treatment Plant Permit Renewal 4) Water/Wastewater Master Plan 5) South Lake Connector Sewer Line City Manager Saunders, referring to the Consent Agenda, Item-8, recommended that Contracts 2 and 3 should be amended to state "the fee shall be a not to exceed fee" unless additional tasks are requested by the City. Both the West WWTF Sprayfield Harvesting Evaluation Contract and West WWFT-FDEP Permit Renewal should delete the last paragraph on page 2 and amend the agreement and permit as stated above. Mayor Turville asked if the requests for continued services by Boyle Engineering represent a logical extension for services. Mr. Saunders advised it does. Ot~ of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 4 A motion was made by Council Member Caputo, seconded by Council Member Mullins to approve Consent Agenda, Item #7 and carried unani~nously for approval. Item - 8 Farner Barley CR 455 Water Main Extension Council Member Renick asked if the extension was associated with the Verde Ridge development. City Manager advised the extension will primarily be for lines associated with Arrowhead Estates and in the future new developments will also be serviced by this extension. A motion was made by Council Member Mullins for approval o_f Consent Agenda, Item 8, seconded by Council Member Caputo and carried bp a unanimous vote for approval. UNFINISHED BUSINESS Joint Planning Agreement City Manager Saunders advised the Agreement was tabled at the last meeting in hopes of being able to adopt the JPA after the Lake County Planning and Zoning and the Board of Commissioners had reviewed the Agreement. It is anticipated that Lake County Planning and Zoning will consider the Agreement in September. City Manager informed the Council that the amendment to our Chapter 180, Utility Service District, and the final agreement with Lake Utilities Services Inc. are scheduled for inclusion on the August 26, 2003 Agenda, and suggested it would be appropriate for the City to consider all three of the items at that meeting. A motion was ~nade by Council Member Renick, seconded by Council Member Caputo to table consideration of the Joint Planning Agreement to 8/26/03. Discussion of the Motion. Council Member Ash expressed her concern regarding the numerous delays by Lake County Planning and Zoning Commission to consider the JPA. City Manager Saunders advised that he had spoken to Mr. Greg Welstead, Associated Deputy County Manager, and had received assurances from him that the JPA would be the first item on the September Agenda. Motion was approved bva unanimous vote. City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 5 NEW BUSINESS Robert A. Mandell Variance Request Principal Planner Sharon Farrell advised the owner is Robert Mandrell. The property is located at the southwest comer of the intersection of Hancock Road and Hooks Street. The applicant is asking for a variance to allow for a residential subdivision with 25 lots or more to have only one point of access rather than two required by code. The subdivision is located between the High School and Hancock Road. There is the concern that drivers will use the subdivision as a short cut to avoid the intersection of Hancock Road and Hooks Street. Staff is recommending approval of the variance request with the stipulation that the access is on Hooks Street. Mayor Turville advised 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. Mr. Robert Mandell, owner of the property and Mrs. Maggie Miller, 2721 Sunbury Street were sworn in by Deputy City Clerk Warren. Mr. Mandell reiterated the concern that the subdivision would become a short cut in order to avoid the Hooks Street and Hancock Road intersection. Mr. Mandell also expressed his concern for the safety of the residents if an additional access were required. Mrs. Maggie Miller stated she would not normally be in support of a subdivision with only one access, but due to the safety concerns regarding the subdivision and intersection she supported the variance request. Council Member Caputo asked Mr. Mandell if he intended on developing a multi-family development adjacent to this property. Mr. Mandell stated rather than build townhomes he plans to build another Greater Pines development adjacent to the site. A motion was made by Council Member Mullins, seconded by Council Member Caputo to approve the variance request. Motion was approved by a 4-1 vote. Council Member Ash voting to deny. City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 6 Ordinance 473-M Introduction Mayor Turville read Ordinance 473-M by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of the north fifteen (15) feet of the right-of-way which lies adjacent to the immediately south of Tract 11, lake Highland Company, in Section 20, Township 22 south, Range 26 east, Lake County Florida; repealing all ordinances in conflict herewith, providing for severability, providing for publication and providing for an effective date. Mayor Turville advised consideration is for introduction only of Ordinance 473-M. City Manager Saunders advised the abandonment is on a tight-of-way located north of North Ridge Blvd. and South of Citrus Tower Blvd and is part of an approved Planned Unit Development associated with the request. motion was made by Council Member Caputo_for the introduction o_f Ordinance 473-M, seconded by Council Member Mullins and carried unanimously_for approval. Mayor Turville advised the final heating will be on August 26, 2003. Ordinance 326-C Introduction Mayor Turville read the Ordinance by title only. An ordinance of the City Council of the City of Clermont pursuant to chapter 180, Florida statutes (2000), reestablishing the Clermont utilities service district; expanding the boundaries of the District; authorizing the extension of municipal utilities within the district; requiring all persons or Corporations living or doing business within the district to connect to the city water and wastewater system when available; repealing all ordinances in conflict herewith; providing for severability; and providing an effective date. City Manager Sannders advised this Ordinance would amend the City's Chapter 180 service area by deleting a service area south of the current City limits and east of US 27. This deletion is proposed as part of the settlement agreement with Lake Utilities Services Inc. City Attorney Guthrie recommended that Section 5 of the Ordinance should be amended as follows: All persons or corporations developing property after the effective date of this Ordinance within the District shall be required to utilize utility service provided by the City. The only two exceptions will be for those portions of Sections 21,22,and 23, Township 24S, Range 26E, Lake County City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 Page 7 Florida, as depicted on Exhibit "C" of Utilities Services, Inc. in Case No. 2003CA 871 pending in Circuit Court in the Fifth Judicial Circuit, and for customers currently served by other public or private utility systems. No private or public utility shall be authorized to construct within the District any system, project or utility of a similar character to that being operated in the District by the City unless the City consents to such construction. Mayor Turville ask City Attorney Guthrie if it would be appropriate for Council to proceed with the introduction of the Ordinance in light of the changes that have been recommended. City Attorney Guthrie advised Council there would not be a need to re-advertise at this time and they could proceed with the Introduction of the Ordinance. A motion was made by Council Member Caputo to approve the intro&tction of Ordinance 326-C, as amended, seconded by Council Member Mullins and carried unanimously for approval Mayor Turville advised the final hearing for this Ordinance will be at the August 26 meeting. Mayor Turville advised those in attendance that all the items on the Agenda had been addressed and opened the meeting to the public for general discussion. Mr. John Shanoski, President of the Homeowhers Association of Hills of Clermont presented the Council with copies of letters regarding the traffic problem in the vicinity of East Ridge High School. Mr. Shanoski pointed out many drivers are using the entrance to Hills of Clermont as a turn around rather than using the Hancock Road and Hooks Street intersection. Mr. Shanoski stated he was very concerned for the safety of the residents in. the Hills of Clermont as well as the students going and returning from school. Mr. Shanoski, on behalf of the residents of Hills of Clermont requested that "No-U-Turns" signs be erected as a means of eliminating the problem. Mr. Saunders advised Lake County is responsible for signage on Hancock Road and further advised he had contacted the County and informed them of the concerns of the residents. Mr. Shanoski advised he had contacted the Department of Transportation to address the speeding on Hancock. Mr. Shanoski asked if"No-U-Turn" signs could be placed on the Hills of Clermont island. City Manager Saunders stated he had been under the impression that the signs being requested were for Hancock Road mad did not realize the residents were asking for the signs for the private property of Hills of Clermont. Mr. Saunders advised the signs could be placed on the private property and he would contact Public Works Department to have the signs placed on the property. City of Clermont MINUTES REGULAR COUNCIL MEETING August 12, 2003 .. Page 8 Mayor Turville suggested that drivers be given the opportunity to observe the signs and to then have the Police Department monitor the situation the day after the signs have been erected. Mr. Shanoski stated he felt the problem would be alleviated in a short period, once the signs are in place and there is a police presence. Mayor Turville also asked City Manager Saunders to again contact the County in regards to the concems of Hancock Road. Mr. Bernie Levy asked for an update regarding the sanitation contract. Mayor Turville advised that the proposed budget recommends a decrease of $1.50 in the sanitation rate. Mr. Levy suggested that the rates should be lower in light of the fact that the incinerator cost has been eliminated. Mayor Turville advised the rate has not been reduced further in order to allow the City time to recoup monies to purchase new equipment in order to assume additional service. There being no further business, the meeting was adjourned at 8:30 P.M. Attest: Hal Turville, Mayor 07/29/03 14:31 FAX 3525. _644 CLERMaNT P D (~JOe To: Wayne Saunders, City Manager From: Randall A. Story, Chief of Police Date: July 29, 2003 Subject: Surplus Property Wayne, I am requesting that the following list of items be declared surplus property by the City Council and be sent to public auction. The list contains items such as computer items, telephones, printers, console, Nextel radio's etc... that are no longer serv_ iceable and not needed by our department. Thank you, Randall A. 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(n ~ cn D D f7 (7 n G7 m T T T T. 7C 7C W H O -I x m C7 O O m z n~~~~~ Z n n c c c o y~~ 0~ o o mom a{ o~ O O m~~ ~ o v~ O~~DDV~~~''~ to=000000m~vvi=0~~ ~~Z ~~DVV~~~v~cn ~mvvvvovO~~Z-gin ~-~~ ao 000 ~~ D ~m0 ~~z tDi> ~~ 00 p~0 ~ -zl~ii m m D z z v z m m~ ~ ~ ~ O ~ ~ ~ m ~ W z Z~ D o~~ Z Z Z o ~ Z Z Z Z Z Z z~ o (/) a o -~ Wo ~ D D~ WA o O~ D D D~~ D D D D D D D D~ rn rn~ omo ~ N ~ T w w~ 0 Oo j° ~ o ~ °o° cc°a w ~ ~ W~ W~ W O A~~ X .A O N N ~ V r W 0 0 0 0 N W W fA CA fA fA CA CA (A CA Cn CA fA CJ~ (/~ Cn (/~ (!1 (n (A fA C!1 (A C!1 CA fA CA Cn fA CA Cn Cn CA C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C Cn (A (A CA fA (~ C/1 CA (A CA (A (J1 (/~ Cn fn fA (n fA fA fA (A fA fA fA fA CA fA (A (A (n (/~ » rt rt r r * r r * µ r rt rt • rt rt rt rt • • • µ • rt rt rt rt l~ A A A Ja A A A, A A A A? l~ A A A A A A ~A A A A j~~ A A A W -~ W W W W W W W W W W W W W W W W W W W W W W W~~~ W W W O U7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -~ X 0 0 0 N N I~ N N N N N N N` N N N N N N N N N N N N N N N~~~ N N N O O O O O p p O O O O O O O O O O O O O O O O D O O O O O O O W N W W W W W W W W W W W W W W W W W W W W W W W O O O W W W N N N 07/29/03 14:31 FAX 3523yy1644 CLERMONT P D X05 C7 C7 C7 C7 n C7 f7 C7 n C7 C7 C7 C7 (7 "~ ~ ~ C7 (7 C7 C7 (7 C7 C7 (7 C7 n C7 C7 (7 C7 c O a Q 0 0 0 0 0 0 0 0 0 0 0 d O O O O O O O O O O O O O O O O < ~ ~ ~ 3 ~ ~ ~ 3 3 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 3 3 3 3 a. 3 ~ 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 0 ~ ~ 3 3 3 ~ 3 3 ~ ~ ~ 3 ~ ~ c c c c c c c c c c c c c c c c c c c c c c c c c c c w ~' m ~' ~i ~' ~i ~' o~ n~ w m u~ d w d w m o~ w w w w w w .r: r+ .~-_ .-r ~ r-- .~- r-- .-- r- r- .-r r-- r-- .~- ~_ .~- r-- .~- _rt rr .-- r-r r-~ ~ r-- r- O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ n C7 C7 n rn rn rn rn rn rn cn cs cn cr cn cn cn cn "D ~ ~ ~ CJ1 ~ W N --~ O CD OD ~I O C)'1 W N -' .D 1Da ° oo°o z ~ ~ rn ~ ~ a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c o c c o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o x. 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 3 0 0 0 d c m ~ ~ 'D "O ~ ~ ~l ~7 71 "Tl "il T1 TI TI "U ~ ~ ~ ~ ~ '~ 'fl ~ ~ ~ 'Il TI TI ~l '1'1 TI n 00 O O O O~ d~ 0 _d N N 0~ C1, p 0 0 0 0 0 0 0 0 0 0 0 w~ O d d a 0 0 0 0 '.~ ~~ ~ ,' ,' ,' „ 0 0 0 0 0 0 0 0 0 0 ~~ ~ ~~ ~ ,' ,' ~ a 1 1 1 1 1 1 .1 .1 "1 1 1 1 1 1 1 1 .~- 0 p~ O O O C ~ ~ m r r ~ ~ m~~~~~ O O O O O O m m m m m m v r r r r r r ~ c~~-~-+-+mmmmmmmrnm===~W~~~~~~mmmmrnm O=OOOr~~~~~-o-o~7CT.T. 000000-p-D~~-n-D ,. ~ O ~ ~ ~ Z 2 = 2 2 2 = _ = cn cn tr O O ~ ~ ~ ~ ~ ~ 2 2 S S 2 = 2000 00000000"'"'~"DDO00000000000 ~~~~~~ m m m m m m m m~ D ~° v v~~ D D D D m m m rn rn m nzzz vvv zzzrri1z~tz~~ttz D~ X X X ~~~ X X X X X X m m m m m m m m m m r,-~r rrrrrr Z C W O O ~D (n (n (p (/) N Cn (n C!1 A N N H p s m D N ~ X ~ ~ ~ ~ ~ Q) N ~ N ~ Ja O ODD ~ O Q1 01 = Q1 W O N Z -zt D w Z z~ D~< w Z ~ cn o ~ .~ ~~ y~ T O D ~ rn o ~ ~ ~ ~ ~ ~ ~ ~ Ln ~ ~ ~ ~ ~ ~ ~ ~ ~ N Gn ~ ~ ~ ~ ~ ~ Ln ~ ~ ~ ~ ~ C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~1 ~ ~ 70 ~] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ -a r r r r r r r r r r r r r r r r r r r- r r r r r r r r r r r r C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C (A (n fA fn fn !!~ fA C!1 (p CA CA CA (A Cn N (A fn (l~ (n Cn !n (A (/) (A fA CA CA fA fA CA fA * • a • * • : s rt r a v D ? ~ A A ~ A ? ~ ~ A A A A A ~ ~ -~ -+ .~ ~ ~ s ~ s v -~ ~ s _~ s ~ rn W W W W W W W W W W W W W W~~~~ ~~~~~" ~. `~~~~ G 0 0 0 0 0 0 0 0 0 0 0 0 0 o co 00 0o cn cn cn cn cn cn cr cn u, cn cn cn cn cn rn N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N z O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O "'~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O W W W W W W W W W W W W W W N N N N N N N N N N N N N N N N N ~ m n 07/29/03 14:31 FAX 3523941644 CLERMONT P D C7 n C7 O O O ~ 3 ~ c c c ~ 7 ~_ O~ O O~ n O O A O A W CJ1 -a O O O O O O O O O ~ '0 T1 O O ~_ O O ,' 1 1 / l J C C r D D = ~ ~ O m m Z m Z Z (n D D ~ rn Z ~ N N C C C ~ ;n ;U ~ 'D 'fl r r r C C C ~ ~ ~ • • s ~ ~A A W W W O O O N N N O O O O O O W W W