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08-26-2008 Regular MeetingCity of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 The Clermont City Council met in a regular meeting on Tuesday, August 26, 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, and Deputy City Clerk Noak. INVOCATION Council Member Goodgame gave the invocation followed by the Pledge of Allegiance. MINUTES Council meeting minutes of August 12, 2008. Council Member Goodgame moved to accept the minutes as written; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Council Member Berlinsky commented on a misspelling on page 7, third line from the bottom. The word should be non-salinable water. Council Member Goodgame moved the minutes be approved as corrected; seconded bX Council Member Mullins. The motion passed with all members present voting "aye". PUBLIC COMMENTS Nancy Fullerton, on behalf of Alliance to Protect Water Resources and Lake County Water Authority, mentioned an upcoming meeting with Lake Winona residents and requested Council support of residents' restoration efforts. Mayor Turville suggested Ms. Fullerton meet with Planning Director Hitt and have brought before Council. Nancy Fullerton noted the Clermont Chain of Lakes was currently in the Lake County Water Authority Budget and would like a commitment from the City regarding Hook Street storm water runoff. Mayor Turville requested Ms. Fullerton schedule a meeting with City Manager Saunders. Jim Johnson, Village Goldsmith, 630 West Highway 50, expressed concern regarding police response to a robbery at his business. City Manager Saunders will investigate. PROCLAMATION Mayor Turville read the proclamation aloud declaring the week of September 14 through September 20 Constitution Week. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 REPORTS City Manager Saunders requested a workshop for September 16 at 6 pm. The workshop was tentatively scheduled for the date and time dependent on Council Member Goodgame's schedule. City Attorney Mantzaris - No Report Council Member Hogan attended the Water Alliance meeting and commented TJ Fish would hold another community meeting on September 29 at the Agriculture Center. Council Member Hogan commented on an article written by Lauren Ritchey criticizing government regarding budgets but praised Clermont. Council Member Goodgame spoke to the Metropolitan Planning Organization regarding Niagara currently transporting water to their facility and impacting roads two times greater than the operational plan submitted to the County. Council Member Goodgame is requesting the Metropolitan Planning Organization research placing road impacts against Niagara. Council Member Goodgame requested City Attorney Mantzaris and City Manager Saunders research and discuss at a workshop ordinances similar to Mount Dora's prohibiting plants such as Niagara that use a substantial amount of water. Council Member Goodgame suggested the City hold a public meeting to inform citizens what they need to know in an emergency and review the City's emergency plan. Council Member Mullins thanked those who participated and attended the Teacher Appreciation breakfast. Council Member Berlinsky mentioned attending a wine tasting event promoting the new library and commented on the Hob Nob event. Mayor Turville was in favor of Council Member Goodgame's suggestion regarding emergency planning and encouraged the public to contact the City should they have any questions. City Manager Saunders commented on the City website containing information for emergency planning. 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. I Reject Bids Public Services Department Item No. 2 -Surplus Equipment Utilities Department Item No. 3 -Right-of--Way Dedication Engineering Department Request to reject all bids for the Center Lake/SR 50 fence project Request to surplus Utilities Department vehicles Accept ROW dedication for Clermont Crossing 2 Ciry of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Council Member Goodgame moved acceptance of the consent agenda; seconded by Council Member Mullins. The motion passed with all members present voting "aye". UNFINISHED BUSINESS Ordinance 595-M, Final Hearing Mayor Turville read Ordinance 595-M aloud by title only. An Ordinance of the Code of Ordinances of the City of Clermont, Lake County, Florida, closing and permanently abandoning that portion of right-of--way lying south of Steve's Road approximately 1,435.33 feet west of U.S. 27; and that portion lying approximately 634 feet south and perpendicular to Steve's Road; and that portion lying approximately 859 feet east of U.S. 27 and south of tracts 11 and 12; all land lying in section 29 and 32, Township 22, Range 26 east, lying in and adjacent to tracts 4, 5, 6, 11, and 12, Lake Highlands Subdivision Plat thereof recorded in plat book 3, page 24, public records of Lake County Florida, as shown in Exhibit `A" and further described in the surveys and legal descriptions as shown in Exhibit "B"; repealing all Ordinances in conflict herewith; providing for severability; providing for publication; and providing for an effective date. Planning Director Jim Hitt commented on the consent agenda right-of--way dedication approval affecting the proposed right-of--way closures. The closings are needed to allow the right-of--way dedication to be utilized in the development. Staff recommends approval of the ordinance. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Mullins moved approval of Ordinance 595-M; seconded by Council Member Berlinsky. The motion passed 5 to 0 on a roll call vote. Ordinance 361-C, Final Hearing Mayor Turville read Ordinance 361-C aloud by title only. An Ordinance of the City Council of the City of Clermont amending Chapter 46, "Pensions and Retirement", Article V, Divisions 1 and 2 of the City Code by amending Section 46-203, "Board of Trustees" to provide a City Council Member shall be an appointed member of the Police Officers Retirement Plan Board of Trustees and amending Section 46-253, "Board of Trustees" to provide a City Council Member shall be an appointed member of the Firefighters Retirement Plan Board of Trustees; providing for codification, severability, conflict, and effective date. Joe Van Zile, Administrative Services Director, provided information regarding the history of Council Member appointments to the Police Officers and Firefighters Pension Boards and concerns that were raised regarding possible conflict with applicable law. Staff recommendations were to amend the City Code to specify a current member of the City Council shall serve on each of the Boards to avoid possible conflict of the law. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Mayor Turville opened the public hearing. Gary Holmes, Chair, Police Officers Pension Plan, commented on an attorney general opinion and pointed out the City charter states Council cannot hold two positions of office. Mr. Holmes was opposed to the ordinance effective date and desired the change be effective next term. Kevin Rausch, Chairman, Fire Fighters Pension Board spoke in support of Gary Holmes' comments. Jeremy Kevitt, President, Clermont Police Officers Union spoke in opposition of the ordinance citing this would deteriorate the mending process with the City. Mayor Turville closed the public hearing. Council Member Berlinsky commented on Council Members serving under the advice of counsel and did not feel there would be grounds for removal from office as they were following their attorney's advice. He commented on Council appointing a Council Member and an outside individual and the possible pressure the appointed non-member may have to go along with what a Council Member says. Council Member Berlinsky commented that it would be wiser to not have a Council Member on the boards and the City should be able to find Certified Public Accountants willing to serve on the Pension Boards. Mayor Turville requested an overview of the Pension Board responsibilities. Joe Van Zile stated the basic responsibility was to administer the pension plans and provide recommendations to council and they do not have the authority to make changes to the benefits. The boards monitor the investments, approve disability retirement benefits, have actuarial studies done and prepare resolutions for recommendations to the City Council. Council Member Mullins commented Council selects Council Members to serve on other boards such as the Metropolitan Planning Organization. Mayor Turville inquired as to the down side of not having Council representation. City Manager Saunders stated staff and council have always felt an elected Council Member should be on the board as taxpayer dollars are involved. Council Member Mullins inquired where pension funds receive their income. Joe Van Zile responded that funding came from employees, City funds, and the State and mentioned the importance of remaining in compliance or the State could withhold contributions. City Manager Saunders inquired if the City had ever been notified of any violations. Joe Van Zile responded the City had never been notified of any violations. Council Member Berlinsky moved to table pending the City Attorney requesting an Attorney General opinion. Council Member Berlinsky withdrew the motion to table. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Council Member Mullins requested the cost of seeking an attorney general opinion. City Attorney Mantzaris stated there would not be a fee for the City Attorney to request an opinion and requested to know the opinion Council Member Berlinsky was seeking. Council Member Berlinsky stated he was seeking to know if there was a conflict with a Council Member serving on the board. City Attorney Mantzaris stated the Attorney General had answered the question. The Attorney General commented if, by legislative act of the governing body, an appointment to one of these boards is seated or given the authority to, then the appointment is ex-officio. A District Court of Appeals stated it is not a conflict for a City Council Member to sit on one of these boards. Mayor Turville inquired of Gary Holmes had there been any pension board problems over the years. Gary Holmes responded the problem with the pension board was legally a Council Member is not allowed to be there and would like to see the Council Members removed. Mr. Holmes would like the ordinance to be effective in one and a half years, at the start of the next term. Council Member Mullins commented portions of the pension board act independently such as enrollments and medical pensions that do not come before Council, which is where taxpayer dollars are spent and this is why a Council Member should be involved. Mayor Turville commented Council had been acting in good faith and hoped they added value to the pension boards. Mayor Turville stated the problem is the City is breaking the law and the membership is concerned. Mayor Turville suggested if there was a reason that the presence of a Council Member is not desired the board should inform someone so that it can be handled. Council Member Mullins moved to accept Ordinance 361-C; seconded by Council Member Hogan. The motion passed 4 to 1 on a roll call vote with Council Member Berlinsky opposing. Ordinance 601 M, Final Hearing Mayor Turville read Ordinance 601-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. Barbara Hollerand, Planner, presented the annexation. The applicant is Dale Stafford and the current zoning is County Agriculture and will become Urban Estate upon annexation. The plan is to construct a church on the property and conceptual plans would be presented during the Conditional Use Permit process. The property owner would be required to apply for asmall-scale comprehensive plan amendment. There were four (4) verbal oppositions to the annexation; the main objections were traffic related. Staff recommendation was for approval. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Don Brinson spoke on behalf of the applicant and agreed with staff recommendations. The building concept was described. He commented that traffic had been an issue when the project was before Lake County but they will not be using the highest possible density. Mayor Turville opened the public hearing. Melissa Schultz, 12008 C W Harrell Road, spoke in opposition, citing Lake County Commissioners prior denial and traffic concerns. Shirley Harrell, 12017 C W Harrell Road, spoke in opposition, citing traffic concerns. Mayor Turville closed the public hearing. Council Member Mullins inquired about peak traffic hours. Don Brinson responded the peak hours are set for Sunday from 9:30am to noon and 1:OOpm to 3:OOpm. Two days during the week services are set for 7:30pm and daytime hours would be around 9:OOam. Don Brinson commented they came to the City as they needed City utility services. Council Member Goodgame commented on the dangerous intersection and no future plans for a traffic light. Council Member Goodgame stated he was opposed due to safety issues and commented the City does not know what the building plans will be. Council Member Goodgame moved to table the annexation until they see the rest of the development and have a better idea what they would like to do; seconded by Council Member Berlinsky. City Manager Saunders inquired if this was with a CUP request. Council Member Goodgame stated it was. Mayor Turville felt the motion was premature as he would have liked to ask some questions. Council Member Good~:ame withdrew the motion, with Council Member Berlinsky in ~eement. Mayor Turville commented the current zoning density would allow room for approximately fifteen (15) houses and stated that the City requires a Conditional Use Permit for all churches. Council Member Mullins commented on his preference to review the complete package. Council Member Berlinsky asked City Attorney Mantzaris since the property was not in the City and is not a land use issue but an annexation issue, if the City turns them down due to traffic concerns, would the City have possible liability. City Attorney Mantzaris stated unlike zoning issues, annexation is a legislative action, not a quasi judicial action. 6 City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Mayor Turville inquired whether there would be further burden should this be tabled to come back and tied this with land use on the same agenda. City Attorney Mantzaris stated he would typically recommend if the City was not going to grant the land use being applied for, they deny the annexation request. City Attorney Mantzaris stated if this came back, he would recommend they be heard together and vote on the land use first, then the annexation. Council Member Berlinsky moved to turn down the request; seconded by Council Member Goodgame. Council Member Mullins commented he would prefer to postpone until there was a complete package. Mayor Turville was in agreement with Council Member Mullins. The motion passed 3 to 2 on a roll call vote with Council Member Mullins and Mayor Turville opposing. Mayor Turville called for a recess at 9:38pm. The meeting resumed at 9:47pm. Mayor Turville requested Deputy City Clerk Noak read the primary election results. Variance Request -Mark Entner Planner Curt Henschel stated the request is for a variance to allow for an above ground swimming pool and deck to extend into the rear yard setback by fifteen (15) feet. Currently the rear yard is fenced with a privacy fence. The homeowner's association has approved the project. Staff recommendation is for approval. Mark Entner was available to answer any questions. Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public hearing. Council Member Goodgame moved for acceptance as the homeowner's association approval was received; seconded by Council Member Berlinsky. Mayor Turville stated he would prefer not to approve the variance based on the homeowner's association approval. Council Member Goodgame amended the motion to accept based on staff recommendation; seconded by Council Member Berlinsky. The motion passed with all members present voting "aye". City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 NEW BUSINESS Resolution 1587-Enterprise Mayor Turville read Resolution 1587 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting an amendment to a Conditional Use Permit (Resolution Number 1547) to allow the use of an auto rental business in a C-2 General Commercial District. Planning Director Hitt presented the resolution amending Resolution 1547. The property is located in the South Lake Plaza Shopping Center, north of Highway 50 and west of Bloxam Avenue in a C-2 General Commercial District. The proposal is to move thirteen parking spaces to the west side of the development with the wash basin moved to the middle of the thirteen spaces and screened with a fence. Staff recommendation is for approval. Applicant Cindy Sherrod presented information regarding the wash reclaim system and the need to move the parking spaces. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance, adding no vehicle over a 1 '/z ton truck to Section 5; seconded by Council Member Mullins. The motion passed with all members present voting "ate Resolution 1588 -Lakeside Learning Center Mayor Turville read Resolution 1588 aloud by title only. A Resolution of the City Council of the City of Clermont, Lake County, Florida, granting a Conditional Use Permit to allow a private school in the C-1 zoning district. Planner Curt Henschel stated the request was to allow for a private school in the C-1 zoning district. The location is the northeast corner of Second Street and Chestnut Street, next to Clermont Florist. The school will have up to 24 students in grades Kindergarten through 5"' Grade and an after school tutoring program. The applicant will provide apick-up and drop-off area on site and will add any required parking. Staff recommendation is for approval. Applicant Scott Paul was present to answer any questions. Mayor Turville opened the public hearing. Cuqui Whitehead questioned the amount and location for parking. Curt Henschel, Planner, responded parking will be added. Mayor Turville closed the public hearing. City of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Council Member Goodgame moved to accept Resolution 1588; seconded by Council Member Mullins. City Manager Saunders commented on staff concerns regarding vehicles lining up out on the street and suggested adding a condition stating in the event of traffic conditions, the City Council could re-address the Conditional Use Permit. Council Member Goodgame accepted the condition into the motion; seconded by Council Member Mullins. The motion passed with all members present voting "aye". Variance Request -Tropical Cuisine Restaurant Planner Curt Henschel presented the variance request. The owner is Nasana LLC and the project is located at the southwest corner of U.S. 27 and Hartwood Marsh Road. The applicant is requesting to allow less than one (1) parking space per 200 square feet for a total reduction of three (3) parking spaces. Staff recommendation was for approval. John Nehmatella, 11319 Cannes Place, was available to answer questions. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved to approve as presented; seconded by Council Member Mullins. The motion passed with all members present voting "ate EMS Agreement -Lake County City Manager Saunders stated the City will transfer fire dispatch to Lake-Sumter EMS in October. Chief Bishop and Council Member Goodgame visited the facility and consider this a good move. The start date of October 1 may need to be delayed by a few weeks due to equipment needing to be installed and recommends approval. Jim Judge, Executive Director, Lake-Sumter EMS, was present to answer any questions. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. City Attorney Mantzaris provided minor changes to the document. The first change is in section five (5) with language half-way down the paragraph reading "however LEMS shall be responsible for any and all damages", the County Attorney requested language specifically be added "the liability would be subject to the sovereign immunity set forth in section six (6). However LEMS shall remain responsible for any and all damages." In section thirteen (13) "This agreement will act to terminate an existing sub-lease that the City has with Lake Sumter EMS for the placement of a vehicle at Fire Station 2." Ciry of Clermont MINUTES REGULAR COUNCIL MEETING August 26, 2008 Council Member Goodgame moved to accept the agreement between Lake Sumter EMS and the City as amended by our o,~ od City Attorney; seconded by Council Member Mullins. City Manager Saunders commented the effective date should be on or about October 15. The motion passed with all members present voting aye". Resolution 1586 -Fiscal year 2007-2008 Budget Amendment Mayor Turville read Resolution 1586 aloud by title only. A resolution of the City of Clermont, Lake County, Florida, authorizing budget amendments for the City of Clermont for Fiscal year 2007-2008. Joe Van Zile, Administrative Services Director, presented the resolution. Mayor Turville opened the public hearing. There were no public comments. Mayor Turville closed the public hearing. Council Member Goodgame moved acceptance of Resolution 1586; seconded by Council Member Mullins. The motion passed with all members present voting "aye". ADJOURN: With no further comments, this meeting was adjourned at 10:28pm. APPROVED: Harold . Turville, Mayor 10 Memo To: Wayne Saunders, City Manager From: Tamara Richardson, PE, City Engin r CC: Date: August 15, 2008 Re: Request to Surplus Vehicles Utilities Department The Utilities Department is requesting authorization to surplus the following vehicles: Vehicle #5216, 1997 Chevy S-10 Vehicle #5220, 1990 Ford Ranger Both vehicles are in serious disrepair and have outlived their usefulness.