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01-08-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2008 The Clermont City Council met in a regular meeting on Tuesday, January 8, 2008 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 Hogan. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of December 11, 2007. Council Member Goodgame moved approval of the December 11, 2007 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Cuqui Whitehead, 837 5`h Street, invited everyone to a Professional Wrestling event at South Lake High School on January 26, 2008 and the proceeds will go to various clubs. Cindy Barrow, Lake County School Board Member, stated one of the needs of Clermont Elementary School is an air conditioner in the gym. She proposed the idea of the City using it as a Summer Recreation site for the children. This was not a formal request only an idea for the City to possibly work together with the School Board. If interested, the City could consider cost sharing. Mayor Turville questioned the cost. Ms. Barrow stated the cost is approximately $250,000. This is on the School Boards agenda next Monday and would like to tell them she has talked to the City about the idea. Mayor Turville noted the idea has been well received and will talk to staff Jim Purvis, 4206 Hammersmith Drive, suggested the service organizations consider contributing towards the project, if the city could put on programs to coordinate with the School Board. Bob Bowman, Clermont Downtown Partnership, reported there are 56 paid members at this _~oint. He thanked City staff for the `Light Up Clermont' event. Fran Berkley, 3911 Allamanda Court, is a business owner. She stated a public official made unauthorized interior modifications to a building without notice or pulling a permit. She expressed concern for the conduct of a public official and requested a review of his ethical conduct. Mayor Turville questioned if the Council has a role in this. City Attorney Mantzaris stated uncertainty based on information presented and noted the Council can request further investigation be done. Council Member Hogan made a motion to discuss at a workshop; seconded by Council Member Goodgame. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2008 REPORTS City Manager Saunders scheduled the next Council Retreat on Monday, January 28 at 9:OOam. The next Council workshop was scheduled for Thursday, January 24 at 7:OOpm. The motion passed 4 to 0, with all members present voting "aye". City Manager Saunders reported on the Lake County Commission meeting. They voted to grant the City $150,000 to assist in the West Park rehabilitation project to rebuild two (2) fields and add a third field. The City will use the funds for leverage to apply for a grant from the State. Also, $40,000 was awarded to the National Training Center for lights for the soccer field. There is $60,000 remaining as uncommitted but they did commit it to South Lake County. If no objection, Mr. Saunders recommended discussing Ms. Barrow's idea. City Attorney Mantzaris - No Report Council Member Mullins reported the topic of the League of Cities meeting is the tax changes on the January 29 ballot and noted the Florida League of Cities is in opposition. There will be an arts and crafts festival downtown this Saturday and Sunday. Council Member Goodgame reported the Gem of Hills multi-cultural health fair will be held February 23 at Jenkins Auditorium. Council Member Hogan reported on Lake Sumter MPO having their inaugural dinner and reception on January 23 and will install officers. Council Member Goodgame will be installed as Vice Chair. Mayor Turville wished everyone a safe and prosperous New Year. 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-Ranking of Firms Ranking of firms to update the Comprehensive Plan Item No. 2 -Contract Approval Item No. 3 -Contract Approval Item No. 4 -Bid Award Item No. 5 -Contract Approval Request authorization to piggyback the City of Ocala's uniform contract with Unifirst Uniforms Corporation Request to renew contract with Kone Inc., for maintenance of City Hall elevator Request authorization to award bid for Kehlor Park Tennis Court Resurfacing to Stewart Tennis Court and Fencing Inc. Request authorization to purchase Group Medical Plan Reinsurance from Symetra 2 City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2008 Item No. 6 -Agreement Approval Approval of the grant agreement with Florida Communities Trust for a portion of funds for the Inland Groves Property Acquisition Item No. 7 -Public Records Compliance Manual Approval and implementation of the Public Records Compliance and Management Procedures Manual Council Member Goodgame commended staff on the grant for the Inland Groves Property. Council Member Goodgame moved approval of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye". NEW BUSINESS Resolution 1555 Mayor Turville read Resolution 1555 aloud by title only. A Resolution of the City Council of the City of Clermont establishing a fee schedule for duplication charges and providing an effective date. City Manager Saunders noted that item 7 under the consent agenda was the Records Manual which makes references to copies and this resolution will adopt the standard fees for duplications. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved approval of Resolution 1555; seconded bX Council Member Mullins. The motion passed with all members present voting "ate Lien Reduction -Home Depot USA, Inc. Jim Hitt presented the request from Home Depot for lien reduction and payment. The request is to reduce the accumulated lien of $110,000 to $55,000 and pay this amount in full. City Attorney Mantzaris has been in contact with Home Depot, and along with staff, feel this is a reasonable offer for the conclusion of the lien. The original lien culminated on February 13, 2007 with the original violation being complied with. In addition, a new Conditional Use Permit (CUP) was granted by City Council on January 23, 2007 in which various conditions were required. To date, Home Depot has completed all the new CUP conditions. Julie Schrader, 415 South Orange Avenue, Orlando, was present on behalf of Home Depot requesting a reduction to $55,000. Home Depot has worked with staff and will continue to maintain compliance. Ryan Althause, local Home Depot store manager, was present. He acknowledged his team is committed to adhering to the CUP and City expectations. Mayor Turville opened the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2008 Jim Purvis, 4206 Hammersmith Drive, serves as chairman of the Code Enforcement Board and stood as a private citizen. He noted the store was not in compliance in December by taking a Christmas tree wrapping machine into the parking lot, putting up portable fencing around it and used 4 to 6 parking spaces without a permit. He submitted pictures for the Council to review. Ryan Althause, Store Manager, explained the reason for the Christmas tree set up was due to concern for the customer's safety. They had to cut the bottoms of the trees off and then load onto the customer's vehicle. Mayor Turville closed the public hearing. Council Member Hogan commented the store has cleaned up and done a better job however he suggested Home Depot pay the full amount. Mayor Turville noted the store has come into compliance and recommended considering the lien reduction offer of $55,000. Council Member Mullins stated the store has achieved compliance and agreed with the offer of $55,000. Council Member Goodgame concurred with Council Member Hogan to assess fines they have created. City Attorney Mantzaris explained his reasons for supporting the lien reduction. The purpose of code enforcement is compliance. It is a statutory authority granted to the City to enforce its code. As the City's legal counsel, he has to ensure the Council remains consistent. There are three (3) elements establishing code enforcement which are the gravity of the situation, the previous violation and the cooperation of the respondent. Mr. Mantzaris reviewed the three (3) factors and previous actions by the City Council. Previously, the fines have been reduced from zero to ten (10) percent. Therefore, when the offer was presented to cut the fine to 50 percent that was well above what Council has received in the past from other lien reductions. That is how Mr. Mantzaris concluded that it is a good amount. Furthermore, he noted a letter in the file from the previous attorney for Home Depot that talks about other issues and allegations of staff comments. He has discussed with staff and they did not give Home Depot free reign to continue to commit their violations however their attorneys have postured that as a legal issue. Mr. Mantzaris believed taking the 50 percent of the total lien avoids issue of potential litigation. City Manager Saunders added that reducing the lien to 50 percent sends a new message. Previously, the practice of the Council was to eliminate the fine or reduce to 10 percent. Council Member Goodgame disagreed with taking a 50 percent reduction. Julie Schrader stated she wanted to resolve in a positive manner and suggested approving $55,000 plus interest. City Attorney Mantzaris noted that liens do not accrue interest but they can negotiate. Council Member Mullins motioned to accept $60,000; seconded by Council Member Hogan for discussion. Council Member Hogan recommended $65,000. Council Member Mullins amended the motion to $65,000; seconded by Council Member Hogan. The motion passed 3 to 1 with Council Member Good ag me opposing City of Clermont MINUTES REGULAR COUNCIL MEETING JANUARY 8, 2008 Ordinance No. 586-M Mayor Turville read Ordinance 586-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning those portions of Lake Minneola Drive right-of--way lying west of the East Avenue right-of-way to the western right-of-way of Second Street, and that portion of Second Street right-of--way from the southern right-of--way of Lake Minneola Drive to the northern right-of--way of Palm Street, of the Sunset Heights Plat, according to the plat thereof recorded in plat book 5, page 42, public records of Lake County Florida; repealing all Ordinances in conflict herewith; providing for severability; providing for publication; and providing for an effective date. Council Member Mullins moved introduction of Ordinance 586-M; seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Council Member Goodgame questioned when the library is due to be moved. City Manager Saunders stated that staff is re-permitting and is expecting it in the next 60 days. City Manager Saunders commented Home Depot submitted a check for $55,000 and will remit the additional $10,000. Bob Bowman suggested exploring alternative fuel. ADJOURN: With no further comments, this meeting was adjourned at 8:32pm. F '~ APPROVED: Harold S. urville, Mayor ATTEST i ~~ Tracy Ackr d, City Clerk 5