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06-10-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 10, 2008 The Clermont City Council met in a regular meeting on Tuesday, June 10, 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 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 May 27, 2008. Council Member Goodgame moved approval of the May 27 2008 minutes as written• seconded by Council Member Mullins The motion passed with all members present voting"aye". PUBLIC COMMENTS There were no public comments. REPORTS Assistant City Manager Gray scheduled a workshop on June 23 at 6:OOpm and the Community Redevelopment Agency (CRA) will meet on June 24 at 6:OOpm before the Council meeting. Also, the week of July 14 will be reserved for budget workshops as well as Monday, July 21. City Attorney Mantzaris - No Report Council Member Hogan invited all to attend the Metropolitan Planning Organization (MPO) meeting in Tavares. Susan Moxley, new School Board Superintendant, will be at City Hall on June 24 at 6:30pm. Council Member Goodgame encouraged people to attend the MPO meeting as they are striving to prepare a Transportation Plan up to 2035. Council Member Mullins commented on attending the Arts and Cultural Alliance meeting. Council Member Berlinsky mentioned attending a Joel Osteen religious service. Mayor Turville thanked staff for providing electricity for the Memorial Day service at the park. 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 Request from International Police & Fire Games for use of Waterfront Park on Saturday August 23, 2008 for their triathlon event City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 10, 2008 Item No. 2 -Budget Amendment Request approval of an amendment to the Fire Department Budget in the amount of $16,065.00 for repairs on the 2002 Freightliner Item No. 3-Purchase Approval Item No. 4 -Purchase Approval Item No. 5 -Purchase Approval Item No. 6 -Inland Groves Request authorization to purchase a Multi- system Fire Simulator Training Unit in the amount of $159,100.00 Request authorization to piggyback the Martin County Contract for purchase of bulk sodium hypochlorite Request authorization for the City along with the Downtown Partnership to purchase 8 sign poles for the downtown area Approval of Payment Jim Shira commented on item 5 of the consent agenda. He noted having 25 sign reservations for the sign program in downtown. Council Member Goodgame pulled item 2 for discussion. Council Member Mullins moved to approve consent agenda items 1 3 4 5 6• seconded by Council Member Goodgame The motion passed with all members Tresent voting ~~aye„ Council Member Goodgame questioned if item 2 is the old vehicle at station two. The firefighters in the audience noted it is not. Council Member Goodgame moved acceptance of item 2 of the consent a enda• seconded by Council Member Mullins The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance 593-M Final Hearing Mayor Turville read Ordinance 593-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 TVM 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. City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 10, 2008 There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Ordinance 593-M• seconded by Council Member Mullins. The motion passed 5 to 0 on a roll call vote with all members present voting "aye". Ordinance 357-C Final Hearing Mayor Turville read Ordinance 357-C aloud by title only. An Ordinance of the City of Clermont amending chapter 6 "Alcoholic Beverages", section 6-2 "Hours of Sale" of the City Code changing the hours for the sale, consumption or serving of alcoholic beverages on Sunday by or at licensed establishments to be consistent with the other days of the week; providing for clarification, severability, conflict, and effective date. Darren Gray, Assistant City Manager, stated the current ordinance prohibits sale of alcoholic beverages on Sundays from 2:OOam to 12:00-noon. The proposed ordinance is consistent 7 days a week which is state law. Lake County is also consistent with state law. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 5`h Street, spoke in opposition to this request. Bob Bowman, 725 W. Montrose Street, spoke in favor of the request. He thinks the businesses deserve the right to serve under the same laws as Lake County. Mayor Turville closed the public hearing. Council Member Berlinsky moved for adoption of Ordinance 357-C• seconded Council Member Goodgame Mayor Turville questioned including a sunset revision to review in one year. City Attorney Mantzaris advised the Council could include a revision. Council Member Goodgame recommended leaving the ordinance as is and if it becomes a problem, the Council can change the ordinance anytime. The motion passed 4 to 1 on a roll call vote with Mayor Turville opposing- Ordinance 359-C Final Hearing City Clerk Ackroyd read Ordinance 359-C aloud by title only. City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 10, 2008 An Ordinance of the City of Clermont, Florida amending Chapter 62, "Traffic and Vehicles" Article II, "Stopping, Standing and Parking" amending section 62-35, "Notice on Illegally Parked Vehicle" to provide that parking citations shall be responded to within ten (10) days of the date of the citation; amending section 62-36, "Failure to comply with notice attached to parked vehicle" by deleting it in its entirety and replacing it with new section 62-36, "Penalty for Violation", providing that parking fines shall be established by Resolution of the City Council; amending sec. 62-38 "Liability for payment of parking ticket violations and handicapped parking violations", deleting that an owner of a vehicle illegally parked is not responsible for the ticket even if the vehicle was being operated with the owner's consent; and providing that the failure to timely pay the initial citation shall be deemed a waiver of the right to pay the amount contained in the citation and shall subject the violator to an additional fine up to $2S0 per violation plus court costs; providing for severability, conflict, codification and an effective date. Mayor Turville opened the public hearing. Cuqui Whitehead, 837 S"' Street, requested clarification of the owner not being responsible. City Attorney Mantzaris remarked the current code has a provision that allows for an owner to not be responsible if they were to lend their car to another person who received a ticket. Therefore, Mr. Mantzaris suggested deleting that section to make the owner responsible for the ticket. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance of Ordinance 3S9-C• seconded by Council Member Mullins. The motion passed S to 0 on a roll call vote with all members present voting "a.~e". NEW BUSINESS Resolution 1568 Mayor Turville read Resolution 1568 by title only. A Resolution of the City Council of the City of Clermont establishing parking violations and late fees and providing an effective date. Mayor Turville opened the public hearing. Bob Bowman, 72S W. Montrose Street, questioned cars parallel parked on the opposite side of the road. Mayor Turville requested Assistant City Manager Gray check the code. Mayor Turville closed the public hearing. Council Member Mullins moved adoption of Resolution 1568• seconded by Council Member Goodeame. The motion passed with all members present voting "ale" 4 City of Clermont MINUTES REGULAR COUNCIL MEETING JUNE 10, 2008 Ordinance 592-M Introduction Mayor Turville read Ordinance 592-M aloud by title only. An Ordinance of the City of Clermont, Florida, amending the Comprehensive Plan for the City of Clermont, Florida, pursuant to the Local Government Comprehensive Planning Act, Chapter 163, Part II, Florida Statutes by adopting text changes to the Goals, Objectives, and Policies of the Future Land Use Element of the Comprehensive Plan; setting forth the authority for adoption of the Comprehensive Plan amendments; setting forth the purpose and intent of the Comprehensive Plan amendments; establishing the legal status of the Comprehensive Plan amendments; providing for severability, conflict and effective date. Council Member Mullins moved introduction of Ordinance 592-M; seconded by Council Member Goodgame. The motion gassed with all members present voting "aXe". ADJOURN: With no further comments, this meeting was adjourned at 7:36pm APPROVED: Harold S. Turville, Mayor ATTEST: _ ti ~/~ ~X Z~' . Tracy c royd, ty Clerk