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03-11-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 11, 2008 The Clermont City Council met in a regular meeting on Tuesday, March 11, 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 February I2, 2008. Council Member Goodgame moved approval of the minutes as written; seconded by Council Member Mullins The motion amassed with all members present voting"aye". PUBLIC COMMENTS Cindy King inquired about the softball fields at Hancock Park when not being used by the Clermont Girls Softball League. Her daughter does not play with the Girls Softball League but on a traveling team. She recalled being advised by Jack Clark, Clermont Girls Softball League, they could not use the fields. City Manager Saunders commented the Clermont Girls Softball League does have a long standing commitment with the City of Clermont. They run the city softball program and they have a priority of certain times to have the field. If any other team or group wants to use the field, they would need to reserve a time and there is a fee associated with it. There are times when the fields are rented out to other organizations through the City Recreation Department. Mr. Saunders recommended she meet with Assistant City Manager Gray. Ms. King questioned if the fields are insured by the City of Clermont. Furthermore, they have denied her daughter to join their team. Assistant City Manager Gray replied the Clermont Girls Softball has an insurance group that covers their players and the City of Clermont insures the fields. The Clermont Girls Softball is the first priority user. Kim Day, 2646 Hartwood Pines Way, asked Council last year to slow traffic through the Hartwood Pines neighborhood. At that time, the Police Department appeared regularly and served citations. Traffic resumed in the neighborhood after the officers left. She requested speed bumps be placed in the neighborhood as a safety concern. Ms. Day displayed a map of the subdivision outlining possible speed bump locations. Mayor Turville questioned closing the Hartwood Marsh entry into the subdivision. Ms. Day stated she was advised they could not close it because it would be a fire hazard. Cindy Emely, 2633 Hartwood Pines Way, also commented on the excessive speed. Speed bumps will be the only way to slow down the traffic. City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 11, 2008 Mayor Turville suggested placing this request on an upcoming agenda and give staff the opportunity to see if they have other suggestions. Council Member Goodgame noted he observed the traffic at that location and stated it is as they describe. He requested Police Chief Graham be there from 4:OOpm to 7:OOpm until this item is on the agenda. REPORTS City Manager Saunders noted the City Council approved a consultant to update the comprehensive plan. It is necessary to have a kick off visioning session which will be advertised to invite the public. This session will be held on Thursday, April 3 from 6:OOpm to 9:OOpm in the Council Chambers. The visioning session is not a workshop. City Attorney Mantzaris - No Report Council Member Hogan - No Report Council Member Goodgame commented on the 17.2% decrease in revenues from January 2007 to January 2008. Also, Senator Carey Baker has agreed to move forward on the red light cameras however this new legislation would not penalize a driver for receiving a ticket. Council Member Mullins - No Report Council Member Berlinsky - No Report Mayor Turville complimented the Pig on the Pond event held this past weekend. 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. ItemNo.l -BudgetAmendment Item No. 2 -Change Order Item No. 3 -Change Orders Item No. 4 -Purchase Approval Item No. 5 -Purchase Approval Request an amendment to the Fire Department Budget for the purchase of wardrobes for Fire Stations 2 and 3 Request approval of a Change Order in the amount of $5557.27 for Marbek Construction for additional materials and labor for re-roofing the Depot Request approval of Change Orders 2 and 3 for Fire Station No. 1 Request authorization to piggyback the City of Tampa's contract for garbage carts Request authorization to purchase materials to construct Legends Way water main 2 City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 11, 2008 Item No. 6 -Easement Request Request for easement from Progress Energy to install underground service through the Greater Hills Water Treatment Plant Item No. 7 -City of Clermont-Cafeteria Plan Item No. 8 -Employee Group Medical Plan Item No. 9 -Contract Approval Item No. 1 D-Inland Graves Phase II Closing Item No. 11 -South Lake Historical Society Request approval of a restated Cafeteria Plan document to include the Medical Care Reimbursement Account Adopt changes to the Employee Group Medical Plan Request approval of the proposed contract with HHI Design of Orlando for the Inland Groves Management Plan Request authorization for an early closing on the Inland Groves Property Phase II Approval of funding for the Historical Village Jim Purvis requested item number 8 be pulled for discussion. Council Member Goodgame requested items numbered 3 and 7 be pulled for discussion. Council Member Mullins moved adoption of consent agenda items numbered 1, 2, 4, 5, 6 9 10 and 11 • seconded by Council Member Goodgame. The motion passed with all members present voting "aye". Council Member Goodgame requested Assistant City Manager Gray explain item number 3. Assistant City Manager Gray explained there are two (2) change orders requested due to the expansion occurring at Fire Station 1. The Inspector needed extra fire alarms due to an interpretation of the code. Council Member Goodgame moved acceptance of item 3 of the consent agenda; seconded bX Council Member Mullins The motion passed with all members present voting "aye". Council Member Goodgame requested Administrative Services Director Van Zile review items 7 and 8. Administrative Services Director Van Zile stated the Medical Care Reimbursement account will allow employees to pay for unreimbursed medical expenses with pre-tax dollars. It is a payroll deduction account and is regulated by the Internal Revenue Service. He anticipates 5 to 10 percent participation the first year. City Manager Saunders clarified there will be no cost to the city. Council Member Goodgame moved approval of item number 7• seconded by Council Member Mullins The motion passed with all members present voting"aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 11, 2008 Administrative Services Director Van Zile explained the Group Medical Plan changes which is item number 8 on the consent agenda. Staff reviews the Group Medical Plan annually and tries to make sure the plan is consistent with industry and take into account employee comments during the year. A couple of items are about wellness. If the City spends money up front, it will save money on the insurance plan in the long run. Another coverage change is tobacco cessation products. It is the beginning of a tobacco use policy the City will look at in the near future. Staff plans to present changes to employees this week. Jim Purvis disagreed with a tobacco use policy. Council Member Mullins noted that is not being considered at this meeting. Council Member Goodgame moved acceptance of item number 8• seconded by Council Member Mullins The motion passed with all members present votingiaye". UNFINISHED BUSINESS Ordinance No. 587-M Mayor Turville read Ordinance 587-M aloud by title only. 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 Service 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 Manager Saunders stated this ordinance will extend the City of Clermont's inclusion in the County- wide Municipal Service Taxing Unit (MSTU) for the provision of Ambulance and Emergency Medical Services. This City Council chooses to adopt annually. It pertains to MSTU's charged by Lake County to fund Ambulance and Emergency Medical Services. Funding is in place and recommended the City Council adopt for another year. Mayor Turville stated historically the level of service tends to change which is a reason to adopt annually. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved approval of Ordinance 587-M: seconded by Council Member Goodgame The motion Fassed 5 to 0 on a roll call vote with all members present voting_"aye". City of Clermont MINUTES REGULAR COUNCIL MEETING MARCH 11, 2008 NEW BUSINESS Lien Forgiveness -South Lake Community Foundation Planning Director Hitt reported on the lien forgiveness request to forgive the accumulated lien of $1,229.50. It occurred from code violations attributed to not obtaining Site Development Review and subsequent permit. The fine accumulated at a rate of $1.00 per day from October 19, 2004 to January 24, 2008 (1,192 days) at which time the owner cleared the site to the original level. The Clerk of Court costs of $37.50 are also included in order to file and release a lien. Wade Boyette, Attorney, for the South Lake Community Foundation was present. They did correct the violation and requested the money be waived to put toward the community. Jim Purvis, 4206 Hammersmith Drive, spoke as Chair of the Code Enforcement Board, noting the Board has always worked under premise that the purpose of the Board was to achieve compliance and it was achieved. As a private citizen, he stated for the City to take $1,229.50 from this civic group would be a detriment to the community as a whole and nothing would be gained by it. Also, he asked that consideration be given to thanking the people who helped this group to come into compliance. Council Member Goodgame noted the entire time it was not an eyesore to the community. Council Member Goodgame moved to forgive the lien to South Lake Community Foundation in the amount of $1 229.50• seconded by Council Member Hogan Council Member Mullins stated as a matter of principle, they should pay the court costs in the amount of $37.50. Council Member Berlinsky understood the point made by Council Member Mullins however the South Lake Community Foundation uses their funds to serve the citizens. The motion passed with all members present voting "aye" Sewer Service Agreement - Khadra Medical Center Planning Director Hitt reported on the sewer agreement request for a proposed medical center located at the northeast corner of Citrus Tower Boulevard and Mohawk Road which is in the City of Minneola. The City of Minneola has requested the applicant provide 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. The project will be developed pursuant to the utilities service agreement. The applicant, Brian Denham, was present to answer questions. Mayor Turville questioned whether staff talked to the applicant about the rates. Brian Denham confirmed and is agreeable. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance of the sewer service agreement with Khadra Medical Center seconded by Council Member Mullins The motion passed with all members present voting "aye" City of Clermont MINUTES REGULAR COUNCII, MEETING MARCH 11, 2008 Resolution No. 1561 Mayor Turville read Resolution 1561 aloud by title only. A Resolution of the City Council of the City of Clermont, Florida, amending the personnel policy of the City of Clermont and providing for an effective date. Joe Van Zile, Administrative Service Director, reported on the proposed changes. The first change provides an employee who's regularly scheduled days off falls on the holiday, to be given the option of receiving compensation in the form of cash or time off with pay. The second changes the mileage reimbursement rate for employees who use their personal vehicle in the performance of their job duties from a rate established by Florida Statutes to the standard federal mileage rate as set by the Internal Revenue Service. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for adoption of Resolution 1561• seconded by Council Member Mullins The motion passed with all members present voting "aye" Council/Mayoral Appointments City Manager Saunders stated the City Council is required to appoint two (2) individuals each to the Police Officers Pension Board of Trustees and the Firefighters Pension Board of Trustees. The appointments are for two (2) year terms. Previous board members Harold Cummings and Frank Maglione have agreed to continue serving on the pension boards. A Council Member is also to be appointed to each board. Council Member Goodgame volunteered to serve on one of the boards and Council Member Mullins agreed to serve on the other board. Council Member Berlinskv moved to appoint Ray Goodgame to the Firefighters Pension Board and Council Member Mullins appointed to the Police Officers Pension Board• seconded by Council Member Hoban with all members present voting "aye" Council Member Goodgame moved to appoint Harold Cummings to the Police Offices Pension Board and Frank Maglione to the Firefighters Pension Board• seconded bX Council Member Mullins. The motion passed with all members present voting "aye" Robert Porter presented a check to the City Council in the amount of $11,178.94 as a donation toward an entryway into downtown. The funds were raised through the running of `Light up Clermont' event. ADJOURN: With no further comments, this meeting was adjourned at 8:llpm. APPROVED: ` Haro d S. Turville, Mayor ATTEST: Tra y Ackroyd, ity Clerk