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05-13-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 The Clermont City Council met in a regular meeting on Tuesday, May 13, 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, Hogan and Berlinsky. Other City officials present were: City Manager Saunders, City Attorney Mantzaris, City Clerk Ackroyd and Assistant City Manager Gray. INVOCATION Council Member Mullins gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of April 22, 2008. Council Member Goodgame moved for approval of the April 22, 2008 minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting_"aye". PUBLIC COMMENTS Judy Proli, 1020 Everest Street, spoke on behalf of Jim Purvis as he was unable to attend. She commented the 911 emergency response system continues to fail and requested a review and a request for remedial procedures by the Florida League of Cities or a consultant. Council Member Goodgame acknowledged contacting the Lake County Sheriff s Office. City Manager Saunders noted there will be an inter-local service area agreement the County and Cities can enter into to serve areas. He received an email from Lake County Commissioner Renick that she is working on that and hopes to move it along quickly. Ms. Proli also commented on the fencing along Center Lake needing to be replaced. It is falling apart and it is a hazard. City Manager Saunders explained the fencing is in this fiscal year's budget. The fence is located on Highway 50 on the north side between West Avenue and 8~h Street. Public Services Director Davis began working on this before Christmas and the plan was to replace it with the same type of fencing as Waterfront Park however he could not find the contractor therefore he had to find another supplier. Also, staff has to obtain permission from the Department of Transportation (DOT) to replace the fence. They required us to obtain sealed engineering drawings which took a while. Finally, we did receive approval from DOT and the bids are due in the next couple of weeks and will bring to Council. Ms. Proli further commented on a dilapidated building behind the Twistee Treat on Highway 27. City Attorney Mantzaris stated this is an active code enforcement case and we cannot discuss it. Wally Herda expressed concern with the water tower located on Bloxam Avenue and Highland Avenue. On May 5, the alarm sounded off at 4:OOpm. He contacted the Police Department and Public Services. No one responded to the alarm for over an hour. Assistant City Manager Gray explained it was a false alarm. If it were a true alarm, it would have dialed directly into the Police Department communications center. It was called out as a lift station alarm thus the reason for the delay. They have corrected the situation to not happen again. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Mr. Herda questioned the status of the ordinance for parking fees. Assistant City Manager Gray noted an ordinance requires two (2) hearings. The first reading will be at the next Council meeting with final adoption on June 10. REPORTS City Manager Saunders scheduled a Council workshop for Monday, May 19 at 6:OOpm. City Attorney Mantzaris - No Report Darren Gray reported on submitting the grant application to the State last Wednesday. Council Member Berlinsky commented on Mount Dora appointing an Economic Advisory Council to assist in dealing with making recommendations on economic crisis as it affects Mount Dora. He recommended the City consider developing and organizing our own Economic Advisory Council to make recommendations to Council to control our own destiny. He also suggested having two (2) representatives from the Chamber and to reach out into the community and have representation from 3 of the large churches. Mayor Turville requested placing on the Monday night workshop agenda. Council Member Mullins concurred with having an Economic Develop Advisory Council. The Chamber has one that could serve as part of that. If the Council appoints, it is subject to the sunshine law. Council Member Goodgame stated there will be a meeting to address the 911 calls held on May 27 at 3:OOpm with the Sheriff, Lake Sumter EMS, City Manager Saunders, Assistant City Manager Gray, Police Chief Graham and Fire Chief Bishop. The Metropolitan Planning Organization (MPO) is planning another meeting for June 11 at 6:OOpm and the site has not been determined. The Tourism Board revenue for March 2008 increased 2 percent from March 2007. Council Member Hogan noted the Water Alliance meeting will be held tomorrow in Leesburg and will consider approval of the inter-local agreement. Also, Clermont will be 125 years old next year which would give us more time to plan for a celebration combined with the 4`~' of July. Mayor Turville commented on the winds blowing the sand on undeveloped land. 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 -Agreement Approval Request approval of the Collective Bargaining Agreement with the International Union of Police Associations Item No. 2 -Agreement Approval Item No. 3 -Budget Amendment Request approval of the Water Alliance Inter- local Agreement Amending budget for receipt of funds and repair expenses for Fire Truck Ciry of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Council Member Goodgame moved approval of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance 356-C Mayor Turville read Ordinance 356-C aloud by title only. An Ordinance of the City of Clermont, Lake County, Florida, amending Chapter 26, "Elections", section 26-2, "Nominating Petitions; Filing", of the Code of Ordinances of the City of Clermont, Lake County, Florida, relating to the qualification period for municipal elections; repealing all ordinances in conflict herewith; providing for severability; and providing for an effective date. City Clerk Ackroyd advised Council of the election qualifying dates and the primary date change. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 356-C; seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance 588-M Mayor Turville read Ordinance 588-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Waste Services, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 588-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance 589-M Mayor Turville read Ordinance 589-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Veolia ES Solid Waste Southeast, Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Ordinance 589-M; seconded by Council Member Goodg_ame. The motion passed 5 to 0 on a roll call vote with all members present voting_"aye". Council Appointment City Manager Saunders reported there is one unexpired term to fill on the Planning and Zoning Board. It has been advertised and received one response of interest from Bernadette Dubuss. Ms. Dubuss addressed the Council. She has been a resident of Clermont for 5 years and has 20 years of government experience. Council Member Goodgame moved for acceptance of Ms. Dubuss to be appointed to Planning and Zoning Board• seconded by Council Member Mullins. The motion passed with all members present voting "ate NEW BUSINESS Variance Request -Alford Mr. Henschel, Planner, presented the request for a height variance of two additional feet, to allow a storage shed with less than 150 square feet to have a peak height of 11 feet. Per city code, all storage sheds that are less than 150 square feet may have a setback of 30 inches from the side and rear lot lines as long as the building height is less than 9 feet tall. The applicant is attempting to match the architecture of the existing house rather than install a simple metal shed. Staff recommended approval. Carla Alford was present requesting approval of the variance. Mayor Turville opened the public hearing. Mayor Turville read a letter of opposition into the record from Julia Landrum. There were no other comments. Mayor Turville closed the public hearing. Mayor Turville noted the letter implies they were not well served. City Attorney Mantzaris stated it is not a concern if properly noticed. Mr. Henschel confirmed the advertisements were placed accordingly. Council Member Goodgame moved for acceptance of the variance; seconded by Council Member Berlinsky. The motion passed with all members present voting_"aye". Variance Request -Hills of Clermont Curt Henschel, Planner, reported on the variance request to allow for the absence of a cul-de-sac within the Hills of Clermont subdivision. The subdivision was created with the intention of connecting to a future phase to the north. When the design was completed, there were two access points left on the north end of the project. These access points currently dead end into a gate and wall on Cedar Ridge Circle. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 On the north side of the gate is the right of way extension of Hooks Street. The association planned to have additional homes to support the cost of the entry gate. Since the developer had a change of plans for the northern phase, and the city required additional right of way for Hooks Street, the association is left with a financial burden of supporting the costs of construction and maintaining the gates. If approved, the subdivision will finish wall across the property line where one temporary gate is located. This will leave a portion of each street with 100 feet without a cul-de-sac. The Engineering and Fire Dept. have reviewed this and determined the need for aturn-a-round is not a necessity at these locations. Staff recommended approval. John Shanoski, 2755 Cedar Ridge Circle, Association Chairman, was present requesting approval. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins suggested ornamental metal with landscaping on the east side and had no problem with the west side. Mr. Shanoski stated the cost of the additional gate would be a burden. Council Member Mullins voiced concern with homes on the South and East. He questioned considering a solid non opening gate. Mr. Shanoski noted the residents living there prefer to go out onto Hancock Road. Council Member Goodp~ame moved for acceptance of the variance for Hills of Clermont; seconded by Council Member Hogan. The motion passed with all members present voting aye". Agreement Approval -Imagine School Jim Hitt, Planning Director, reported on the sewer service agreement for a proposed Kindergarten through 8`~' grade charter school which is located within the City of Minneola. The City of Minneola has requested the applicant obtain sewer service from Clermont. The agreement will not include the typical deferral of annexation because the property is located within the corporate city limits of Minneola. Steve Richey was present on behalf of the owner requesting approval. Mayor Turville opened the public hearing. City of Minneola Mayor David Yeager was also present requesting Council consideration. Mayor Turville closed the public hearing. Council Member Hogan received a letter of opposition from Cindy Barrow, Lake County School Board Member, of which he read into the record. Steve Richey commented the School Board voted against additional funding to build the school. This school is not being built with tax payer funds. They will not have a 501 C3 certificate until it is built. He feels there is a need in the Minneola area for this school. City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Mr. Richey asked for sewer in the 180 district. There are other alternatives if Council decides to not approve. The school will be ready for school year 2009. Mayor Turville stated the request is to have us serve sewer and asked City Attorney Mantzaris is this debate about the School Board legitimate testimony. City Attorney Mantzaris stated it is not related to the agreement in front of the Council. Council Member Goodgame expressed concern with traffic and does not feel this site is suitable for a school. Furthermore, he questioned the status of the traffic study with the MPO. Council Member Hogan expressed opposition to the request. Mr. Richey remarked the school controls when students come and go and not have an adverse affect on the road to not schedule during peak hours. Lake County staff has advised they can adjust traffic counts and hours of operation to accommodate. Minneola has an agreement with the MPO. Council Member Berlinsky disclosed having a conversation 6 to 7 weeks ago with Sam Pennington but has no financial interest. Mr. Berlinsky spoke in favor of providing service as opposed to a package project or septic tanks. This school is being built to the City standards whereas the other schools are built to state standards. Therefore, this will be held to a higher standard. When a sewer is built in that area, they will be required to hook in. Mayor Turville agreed with Council Member Berlinsky. Council Member Mullins moved to accept the sewer agreement with Imar~ine Schools; seconded by Council Member Berlinsky. City Manager Saunders reviewed a couple of issues he had regarding the agreement. One issue is with the site plan as it relates to South Street. Mr. Richey stated the citizens in those neighborhoods requested the City Council of Minneola not have that road paved up through and connection to old Highway 50. The City Council approved it being a driveway in from Highway 50. City Manager Saunders stated that creates a problem because the City Council requires a future connection at South Ridge Road that goes north and south. That is in the City of Clermont and that subdivision was approved subject to South Ridge Road being connected to South Street. South Street now ends and that is an extension of South Street to Hancock Road. It was anticipated as an additional way to get in and out of that subdivision. South Street has been on the overall road project list for many years. That has been an important connection and suggests that it not just be a driveway. Staff sees that as a problem by not having South Street completed. City Manager Saunders explained the second issue is concerning connection to the Minneola sewer at some point. The City of Clermont has capacity today however we would not want that project to be on our sewer indefinitely. He recommended adding a paragraph to the agreement that addresses the future connection to Minneola. Mr. Saunders suggested a time frame of 4 years. Council Member Mullins amended the motion to include a 5 year renewal limit; seconded by Council Member Berlinsky City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Discussion ensued regarding the South Street issue. Mr. Richey stated he is not in a position to pave the full road however is in a position to do the driveway as proposed and approved by the City of Minneola. Mr. Richey noted he did not have a problem with a 5 year extension on the agreement. The motion passed 3 to 2 with Council Members Hogan and Good ag me opposing Lien Forgiveness -Hancock Jim Hitt, Planning Director, reported on the request for lien forgiveness of 228 and 238 Chestnut Street. The request is from John Mark Hancock to forgive the accumulated lien of $1,640. The two residential structures (four apartments) were taken to the Code Enforcement Board on February 22, 2006. The compliance date was August 15, 2006 with a fine of $40.00 per day, decreasing $10.00 per day per apartment. Both buildings were purchased on January 4, 2008 by Mr. Hancock, who at closing paid the accumulated lien of $7,107.50, knowing the lien would continue to accrue in his name at $20.00 per day beginning on January 5, 2008. Mr. Hancock completed the renovations to the second building on March 26, 2008 and the lien was stopped for a total of 82 days. The request is to forgive the full amount of the lien plus the recording costs totaling $1,678.50. Mr. Hancock was present requesting approval. He purchased the property to be part of the solution. Mayor Turville opened the public hearing. Susan McCarthy complimented the efforts of Mr. Hancock. Mayor Turville closed the public hearing. Mayor Turville and Council commended him on the amount time he turned around the property. Council Member Berlinsky moved to approve the request for forgiveness of $1,678.50; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Ordinance 590-M Mayor Turville read Ordinance 590-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Waste Management Inc. of Florida, providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved introduction of Ordinance 590-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting '`aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MAY 13, 2008 Ordinance 591-M Mayor Turville read Ordinance 591-M aloud by title only. An Ordinance under the Code of Ordinances of the City of Clermont, Lake County, Florida, granting a garbage collection franchise to Republic Services Inc., providing for the term of the franchise and for other purposes connected with a franchise for the collection of garbage within the City of Clermont. Council Member Mullins moved introduction of Ordinance 591-M; seconded by Council Member Goodgame. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Graduation Ceremony -South Lake High School Susan McCarthy was present on behalf of South Lake High School. She requested a donation from the City of Clermont. There are approximately 403 graduates and are in need of decorations for graduation. The City of Groveland has donated funds. Donators will be recognized in the graduation announcement and the News Leader. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins stated the Council has never done this in the past. Mayor Turville noted that typically, we have not done this type of thing. We assume if someone asks us for money we have to take it from people who are unable to give it. The City of Clermont is reluctant to pass out money. Council Member Hogan moved to not grant funds; seconded by Council Member Good~ame. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 9:22pm. APPROVED: Harold S. Turville, Mayor ATTEST: i ,1 ~~ ~ ~~ `i.. ~~-" Tracy Ackr yd, City Cle~lc