03-14-2006 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
March 14, 2006
The Clermont City Council met in a regular meeting on Tuesday, March 14, 2006 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 Mullins, Goodgame, and Renick. Other City officials present were: City Manager Saunders, Assistant City
Manager Gray, City Attorney Mantzaris, and Deputy City Clerk Knight.
INVOCATION
Reverend Doug Kokx, First United Methodist Church, gave the invocation followed by the Pledge of Allegiance.
PUBLIC COMMENTS
There were no public comments.
REPORTS
City Manager Saunders reported on a meeting he and Mayor Turville attended with, County
Administrator Hall and Library Director Wendy Breeden. He stated they discussed the possibilities for the future of the
downtown library and are working on a formal proposal to the Lake County Board of County Commissioners. The
proposal will be presented at the next City Council meeting for discussion and approval.
City Attorney Mantzaris - No report
Council Member Goodgame noted the tourism tax revenue for January 2006 was $174,494 stating it is 21.2 % higher than
~anuary 2005. He also reported on VOICE's bus trip to Tallahassee in which they met with elected officials from the
area. VOICE participated in a discussion and expressed their concern regarding overcrowded schools and the need for
more money for education. He stated $1.8 billion is the potential allotted amount needed for schools and will be
distributed throughout the State. Council Member Goodgame also reported Fire Chief Carl Bishop was reappointed to the
Board of the Central Florida Fire Chiefs Association for another term.
Council Member Mullins gave a report on the Florida League of Cities meeting in which the topic of discussion was
school concurrency. He stated various ideas and recommendations were presented regarding the draft.
Council Member Renick briefed Council on the Lake County Water Alliance meeting in which they had to choose an
alternate company to provide assistance to Lake County. She stated the company they originally chose was also helping
Orange County with their consumptive use permit.
Mayor Turville spoke on the success of the Pig on the Pond event. He reported South Lake Foundation is the recipient of
the money. They distribute the money among several organizations throughout Lake County.
Citizen Advisory Task Force
City Manager Saunders read aloud the members of last year's task force and informed Council there is one new member,
Matt Graham, on the list of members. He noted the task force will meet, review and make recommendations for the grant.
Mr. Saunders stated the grant is the same grant the City applied for last year which was for drainage improvement to
Bloxam Avenue. He recommended all be appointed.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
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Council Member Goodgame made a motion for Dorothy McGriff, Doretha Cole, Jean Sullivan, Alan
Pool, Michael Floyd, Rob Berens and Matt Graham to be apyointed to the Community Development
Block Grant Citizen Advisory Task Force; seconded by Council Member Mullins. The motion passed
with all members present voting "aye ".
Community Development Block Grant Public Hearing
David Fox, representative for CDBG applications, conducted the first Public Hearing and Fair Housing Workshop. He
briefed Council on the process and categories of the Block Grants. The four (4) categories are: Economic Development,
Housing, Commercial Revitalization and Neighborhood Revitalization. He informed Council the ranking points have been
changed and they have added another 100 points option. Upon a meeting between Fred Fox and City Manager Saunders,
they felt the City will be able to meet the criteria.
Mayor Turville opened the public hearing. There were no comments.
Mr. Fox asked if they would like to make an application for Bloxam Avenue improvements again this year.
Council Member Mullins moved to apply for Bloxam Avenue improvements; Seconded by Council
Member Renick. The motion passed with all members voting "aye ".
Fair Housing Workshop
.David Fox informed Council he had a Fair Housing Workshop sign in sheet to pass around.
Mayor Turville advised Council since the meeting was a Public Hearing the sign in sheet is to show who was in
attendance.
David Fox provided copies and read aloud the City's Fair Housing Ordinance 229-M that was passed on October 23,
1990.
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 No. 1 -Event Request
Christian Men in Action
Item No. 2 -Event Request
Arthritis Foundation
Item No. 3 -Permission to Paint Mural
Clermont Elementary School
:tem No. 4 -Equipment Surplus
Request use of McKinney Park for the 2°d Annual Health &
Community Awareness Day on May 20`n
Request use of Waterfront Park for a SK walk on May 6tn
benefiting the Arthritis Foundation and to waive parking fees
Request permission to paint multi-cultural mural on the walls
of the Lincoln Park restroom facility
Request approval to surplus the attached computer equipment
City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
Item No. 5 -Scope of Work Request approval to accept Scope of Work proposal in the
Handex of Florida amount of $7,758.25 from Handex of Florida for the removal of
underground fuel storage Tanks located within the City's right-
of-ways at 899 Montrose St.
Item No. 6 -Fee Approval Request membership fee approval to the West Orange/ South
Lake Transportation Task Force in the amount of $4,000.
Item No. 7 -Agreement Approval Approval of the Interlocal Agreement between Clermont and
Orlando Utilities Commission
Council Member Renick requested to pull consent items 6 and 7 from the agenda.
Council Member Mullins moved acceptance of consent agenda items 1,2,3,4 and 5; Seconded by Council
Member Goodgame. The motion passed with all members voting "aye ".
Council Member Renick inquired about the dues mentioned in consent item 6 and asked Mayor Turville's opinion on
maintaining the membership.
Mayor Turville remarked on the successful improvements to Highway 50 and said he felt is was important that the City
has input on the improvements of the roadways. He strongly recommended the approval of consent item 6.
• Council Member Renick moved approval of consent item 6; Seconded by Council Member Mullins. The
motion passed with all members voting "aye ".
City Manager Saunders briefed Council on item 7 of the consent item. He noted the agreement will be in effect for five
(5) years beginning on the date of approval.
Council concurred and suggested if approved the date should state the beginning of March 15, 2006 through March 14,
2011.
Council Member Renick asked for an explanation of the agreement.
Dan Mantzaris, City Attorney, briefed Council on the purpose and details of the agreement.
City Manager Saunders commented the agreement allows Orlando Utilities Commission (OUC) to be a vendor for
lighting systems.
Council Member Renick asked if the recipients of the lighting systems would be calling the City to report problems.
City Manager Saunders replied they would not be calling the City; they are privately owned fixtures.
Dan Mantzaris, City Attorney, informed Council the City felt the original request fora 30 year agreement was too long
and felt a five (5) year agreement was more acceptable.
ouncil Member Goodgame inquired about the communities that use OUC's fixtures; he asked if they would have the
City of Clermont
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March 14, 2006
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same service as Sumter Electric offers.
City Manager Saunders stated it was part of the service they pay for.
Mayor Turville remarked the agreement offers consumers another option to choose from.
Council Member Renick moved acceptance of item 7 of the consent agenda the Interlocal Agreement
between Clermont and Orlando Utilities Commission. Seconded by Council Member Good ame.
Mayor Turville opened the floor for public comment.
The motion passed with all members votin~aye ".
UNFINISHED BUSINESS
Mayor Turville informed Council Members that Ordinance 504-M and Ordinance 505-M have been withdrawn.
NEW BUSINESS
Event Request -Sommer Sports
City Manager Saunders referred to a request from Sommer Sports which listed the dates of six (6) events they are
requesting approval from City Council. He remarked in the past they have not been able to obtain enough Clermont
.Police Officers and Lake County Sheriff's Department Officers to work the events. Mr. Saunders stated he spoke with the
Sheriff who agreed to work with the City if the schedule is approved. He requested approval from City Council informing
them each event would be reviewed administratively prior to taking place to assure there would be enough police
personnel in place.
Fred Sommer, Sommer Sports, introduced his Administrative Assistant, Andrea. He briefed Council on the events and the
large number of athletes each event brings to Clermont. Mr. Sommer also commented on the revenue the events generate
for businesses in the surrounding areas. He acknowledged Police Chief Graham for his efforts in providing enough police
officers to staff the intersections in the city limits during the events.
Glen Irby, representative of the Lake County Sheriff's Department, informed Council about a problem with deputy police
officers receiving payment. He stated he has requested a payment plan from Mr. Sommers but has not received one as of
this date. Mr. Irby said the Sheriff's Department is more than willing to work with Mr. Sommers, if a resolution can be
agreed upon.
Dr. Steven Newton, downtown business owner, expressed his concern regarding traffic control in the downtown area and
the access to his office being blocked off during events.
Mayor Turville replied Minneola Avenue will not be affected as it has been in the past. He asked City Manager Saunders
to assure the parking lot is available.
Kimberly Grogan, triathlete, concurred with Mr. Sommers and the information he provided regarding the benefits the
Triathlon brings to Clermont.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
Bill Banzhaf, President of the Downtown Partnership, commented on coordinating the impact the triathlon has on the
downtown businesses. He informed Council a Meet and Greet meeting scheduled for the downtown merchants on
Wednesday, March 15 at 6:00 p.m. at the Old Bicycle Inn.
Fred Sommers, stated the events are run by Central Florida Triathletes which is a 501(c)(3) non-profit organization. He
briefed Council on the kid's camp they are coordinating for the summer and stated they are working with the City
Recreation Department to put together a youth triathlon training camp.
Council Member Renick commented on the City of Clermont's niche being health and fitness and is in support of Mr.
Sommers efforts. She concurred with Bill Banzhaf' s concerns regarding the coordination with the downtown merchants
and remarked on the difficulty of approving the events one at a time.
Mayor Turville remarked on the concern of the police officers being paid as the reason of approving each event
individually.
Council Member Renick asked how far in advance the participants are notified of event dates.
Mayor Turville commented on staffs efforts in making the Sheriffs Office more comfortable with the budgetary process
and they feel this is the best answer at this time.
Andrea, Administrative Assistant for Sommer Sports, briefed Council in regards to when the event dates are posted. She
stated they have offered to provide statements as a proof of funds to the Sheriff's Office and commented on Sommer
Sports being a registration driven company.
Jim Purvis suggested setting up a 30 day billing cycle for the payment of the police officers.
City Manager Saunders replied that a payment plan is an agreement that would need to be coordinated between Fred
Sommer and the Sheriff's Department.
Council Member Mullins asked if there are any other agencies other than the Sheriff's Office that would be assisting
outside the city limits.
City Manager Saunders responded they are the only agency that can supply the number of people the event needs.
Council Member Mullins moved to approve the event schedule as written.
A Representative from Lake County Sheriffs Office briefed Council on the different agencies involved in staffing the
event including Astatula and Howey In The Hills.
Council Member Goodgame seconded the motion for discussion.
Council Member Goodgame asked about the communication and who it would be between.
City Manager Saunders replied the Sheriffs Office would notify the City once everything is in place.
The motion passed with all members voting aye ".
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
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City Manager Saunders announced the unofficial Special Election results. Jack Hogan won the election with 1007 votes.
Mayor Turville invited Mr. Hogan to speak.
Newly elected Council Member Jack Hogan introduced his family and thanked everyone who supported him.
Variance Request -First United Methodist Church
Jim Hitt, Planning Director, informed Council the variance request is to allow for a temporary structure to be permitted at
one location more than one time a year. The First United Methodist Church is seeking alternative ways to accommodate
their growing congregation. There are several special events throughout the year where the church would like to erect a
temporary tent. The typical event would last approximately three (3) days over a weekend and all tent events would be
related. The church is in the midst of a building campaign with a master development plan proposing additional buildings
and additional parking. With the use of the tents, the church is anticipating holding 4 to 6 gathering events throughout the
year for larger events and fund raising activities. A tentative schedule of events was provided for Council to review.
Greg Ratter, Chairman of Trustees for First United Methodist Church, reiterated the growth of the church and the need for
the temporary tent.
Council Member Goodgame moved acceptance of the variance request for the First United Methodist Church;
Seconded by Council Member Renick. The motion passed with all members votin~ye ".
resolution No. 1470 -Messy Dog, LLC
Mayor Turville read Resolution 1470 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. 1370 to allow for the issuance of some certificates of occupancy
prior to the installation and operation of a traffic signal at the corner of Oakley Seaver Dr. and Highway
50.
Jim Hitt, Planning Director, introduced the applicant's request to amend Resolution 1370 of their conditional use permit.
The request is to delete section 4, number 8, which states "A signal at the intersection of State Road 50 and Oakley Seaver
Drive shall be installed and operational prior to the issuance of the first certificate of occupancy for the properties".
Because of various delays with the traffic signal installation, the applicant has one business and five suites (108, 109, 110,
111 and 213) that will be ready for their certificate of occupancy or completion prior to the traffic signal being operational
and the power pole being moved. The suites will require a certificate of completion and the building these suites are in
must obtain a certificate of occupancy.
Mark Graff, St. Clare Development, gave an update on the status of the installation of the traffic light. He also spoke on
behalf of the tenants of his building and the expense they have incurred due to the delay the traffic light has had on the
issuance of the certificate of occupancy.
Several tenants briefed Council on their individual situations and the stress they are under.
James Sullivan, President of the Homeowners Association of South Lake Forest, spoke in regards to the entrance to South
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City of Clermont
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Lake Forest. He reminded Council there is only one entrance going in and out of the subdivision and stressed the
importance of the traffic light.
Council Member Goodgame asked about the possibility of having the State reduce the speed limit to 45 mph.
City Manager Saunders replied it was a Department of Transportation issue.
Jim Purvis suggested having a temporary no left turn and remarked about Home Depot not installing the traffic light.
Mayor Turville stated he was unsure if the next intersection could handle the stacking capabilities.
Mayor Turville closed the public hearing.
Council Member Renick asked who has not paid their share of the responsibility for the traffic light.
City Manager Saunders stated it was Home Depot and they are currently under a code enforcement action and have been
notified by the City of their requirement for a contribution to the traffic light.
Council Member Renick asked what kind of recourse there is.
Dan Mantzaris, City Attorney, briefed Council on the original conditional use permit and noted the complications.
Council Member Renick inquired about the cost of a traffic light.
Mark Graff informed Council the cost will be more than $260,000 for the light installation.
City Manager Saunders briefed Council on Casto's responsibility to contribute to the light and stated Casto passed the
responsibility on when they sold the property to Home Depot.
Mark Graff noted Casto still owns a portion of the property.
City Manager Saunders concurred.
Mayor Turville asked if a prorated share is redistributed to St. Clare Development when everyone else has paid their
contributions.
City Manager Saunders explained part of the reason the traffic light is so expensive is because of having to move the
power pole.
Council Member Renick motioned to approve Resolution 1470 and suggested a workshop to discuss
Casto's responsibility; Seconded by Council Member Mullins. The motion passed with all members
voting "awe ".
Ordinance 545-M -Introduction
Mayor Turville read Ordinance 545-M aloud by title only.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, adopted pursuant
to section 125.01(1)(q), Florida Statutes (1999), consenting to the inclusion of the City of Clermont,
Florida, within the county-wide municipal services taxing unit for the provision of ambulance and
emergency medical services as adopted by the Board of County Commissioners of Lake County, Florida;
providing for the City to be included within said M.S.T.U. for a specified term of years; providing for
severability, providing for an effective date and providing for publication.
City Council Mullins moved introduction of Ordinance 545-M; Seconded by Council Member Goodgame.
The motion passed with all members voting "aye ".
Ordinance 546-M -Introduction
Mayor Turville read Ordinance 546-M aloud by title only.
An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and
permanently abandoning a parcel of land located in Section 18, Township 22S, Range 26E, Lake County,
Florida being more particularly described as: beginning at the northwest corner of lot 145 Lakewood
Ridge Phase 5 as recorded in plat book 35, page 79 of the public records of Lake County, FL; thence
S0ldegrees 08 minutes 03 seconds W, along the east line of the SE 1/a of said section 18, a distance of
968.54 feet to a point on the northerly right-of-way line of Citrus Tower Boulevard (100-foot right-of-
way); thence N89 degrees 27 minutes 31 seconds W, along the northerly right-of-way of said Citrus
• Tower Boulevard, a distance of 15.00 feet to a point; thence leaving the northerly right-of-way line of
said Citrus Tower Boulevard, NO1 degrees 08 minutes 03 seconds E, a distance of 968.53 feet to a point
on the southerly right-of-way line of Division Street (60-foot right-of-way); thence S89degrees 29
minutes 06 seconds E, along the southerly right-of-way line of said Division Street, a distance of 15.00
feet to the point of beginning; repealing all Ordinances in conflict herewith, providing for severability,
providing for publication and providing for an effective date.
City Council Mullins moved introduction of Ordinance 546-M; Seconded by Council Member Goodgame.
The motion passed with all members votingaye ".
Ordinance 547-M -Introduction
Mayor Turville read Ordinance 547-M aloud by title only.
An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, providing for
the annexation of a certain parcel of land contiguous to the present city boundaries; providing for an
effective date; providing for severability; and providing for publication.
City Council Mullins moved introduction of Ordinance 547-M; Seconded by Council Member Goodgame.
The motion passed with all members votin~wye ".
Ordinance 543-M -Introduction
Mayor Turville read Ordinance 543-M aloud by title only.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
An Ordinance of the City of Clermont, Florida, adopting the Small Scale 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 authority for adoption of the Small
Scale Comprehensive Plan Amendment; setting forth 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
for severability clause; and providing an effective date.
City Council Mullins moved introduction of Ordinance 543-M; Seconded by Council Member Goodgame.
The motion passed with all members voting "aye ".
School Concurrency Interlocal Agreement
Dan Mantzaris, City Attorney, briefed Council on the proposed School Concurrency Interlocal Agreement and its
purpose. He noted the agreement was based on information from other agreements throughout the State. A meeting is
scheduled for March 16 with all the entities involved to discuss an agreement suitable to everyone. Council Member
Renick will be in attendance at the meeting.
Council Member Goodgame asked if there have been proposals written where the developer would build a school and
lease it back to the school board.
Attorney Mantzaris replied that is the type of discussion the school district will have when deciding if they are going to
.accept mitigation alternatives as potential options.
Mayor Turville remarked on the difficulty of calculating actual capacity. He asked if there was any discussion on how to
handle a reservation for capacity as it relates to concurrency.
Attorney Mantzaris stated there are available options.
Council Member Renick remarked on the situation with Lost Lake Elementary students coming from farther away than
what was intended.
Jim Hitt, Planning Director, read aloud the proposed options in Section 1 of the School Concurrency Interlocal
Agreement.
Council Member Renick commented on the size of the committee being 16 people.
Attorney Mantzaris stated this would allow Lake County, the School Board and the 14 cities in Lake County to have a
seat on the committee.
Mayor Turville asked if there was a discussion as to what a quorum requirement might be.
Attorney Mantzaris said it was not discussed.
Jim Hitt, Planning Director, read aloud the proposed options in Section 3 and 5 of the School Concurrency Interlocal
Agreement.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
Council Member Goodgame expressed his concerns about using the term `core dining capacity' and commented on
situations in the local schools as the reason he felt this language would not be beneficial.
Council Member Mullins spoke on the cafeteria and meeting room set up at Tavares Middle School in relation to the term
`core capacity'.
Council Member Goodgame expressed his opposition to choosing option 3.
Council Member Renick suggested she will discuss the terminology of `core dining capacity' at the meeting.
Bob Shaker concurred with Council Member Goodgame and elaborated on his concerns.
Council agreed with the presented options for the draft School Concurrency Interlocal Agreement.
Speed Control Devices
City Manager Saunders briefed Council on various speed calming devices. Handouts with information and illustrations
were provided to Council. He recommended adopting specific criteria as to when and where the speed devices should be
used as well as a pilot project to see if they work and are accepted by the residents. Mr. Saunders stated the cost is at least
$4,000 to $5,000 each.
.Council Member Mullins asked if a traffic study has been done on Brogden Drive.
City Manager Saunders informed Council a police officer conducted a traffic study the week prior and a complete
accounting of a 48 hour period is expected to be available in the next couple of weeks.
Council Member Goodgame described different devices he has seen for controlling traffic that appear to work.
Frank Lyons stated running the stop sign is the biggest problem on Brodgen Drive.
Council Member Renick concurred with the idea of the pilot program.
Council Member Mullins explained the two raised sidewalk method.
City Manager Saunders elaborated on using the raised sidewalk method adding that the raised sidewalks are more
attractive for the neighborhood.
Mayor Turville agreed with the idea of using a pilot project to begin with and concurred with staff and Council Member
Goodgame on putting raised elevation at the stop signs.
Council Member Renick suggested discussing speed device methods with Police Chief Graham.
City Manager Saunders concurred and stated he would like to obtain some advice from Chief Graham and from various
transportation agencies.
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City of Clermont
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REGULAR COUNCIL MEETING
March 14, 2006
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Dan Mantzaris, City Attorney, advised Council of the liability involved when removing speed devices.
Council Member Goodgame made a suggestion of using signs to warn motorists of the speed devices.
Charlene Forth commented on the dangers of speed bumps as well as the devices potentially slowing the response time of
Fire and Rescue teams.
Council Member Renick asked Attorney Mantzaris if it would be advisable to have the residents sign an agreement in
regards to the liability.
Attorney Mantzaris informed Council it would be advisable.
Mayor Turville suggested if City Manager Saunders obtains information regarding the speed devices prior to the next
Council Meeting he should contact the Council Members for their authority to act on it. If a consensus is not made, the
information is to come before Council at the next meeting for discussion. He asked for approval from Council on this
suggestion.
Council consented to adopt a pilot program.
Bid Award -Demolition of Bell Ceramic Building
.City Manager Saunders briefed Council on the seven (7) bids received for the demolition of the two large buildings
located on the Bell Ceramic's property. The lowest bid was received from Cross Environmental Services in the amount of
$99,483. He said the contract includes the removal of asbestos and hauling all materials from the site.
Council Member Mullins moved to grant the contract to Cross Environmental Services; Seconded by
Council Member Goodgame. The motion passed with all members voting "aye ".
ADJOURN: With no further comments, the meeting was adjourned at 9:55 p.m.
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APPROVED:
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ayor Harold Turville
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MEMORANDUM
TO: Wayne Saunders, City Manager
FROM: Joe Van Zile, Administrative Services Direct
DATE: March 9, 2006
RE: Surplus Equipment
The following computer equipment is requested to be declared surplus by the
City Council: _
- 15" monitors (10)
- 17" monitor (1)
- tower/desktop cases (10)
- rack mounted storage cabinets (2)
- network switch (1)
- network hubs (2)
- printer (1)
All items can no longer be used, due to repair or obsolescence issues.
Serviceable parts have been removed for future use where applicable. All items
will be taken to a public auction for sale.
Please schedule for City Council approval.
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