03-10-2009 Regular MeetingCity of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 10, 2009
The Clermont City Council met in a regular meeting on Tuesday, March 10, 2009 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 Thompson. 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.
PUBLIC COMMENTS
Cuqui Whitehead, 837 5"' Street, thanked Council for attending the Grand Opening of JC Penney. She
also reminded everyone about the Pig on the Pond events taking place this coming weekend.
Jim Purvis, 4206 Hammersmith Drive, thanked staff for preparations in the City of Clermont's 125th
Birthday celebration. He noted the Lions Club will have a small part in the celebration. Also, Mr. Purvis
questioned the status of the tornado sirens request. City Manager Saunders stated the estimated costs were
reported and discussed at a Council workshop. Mayor Turville asked Mr. Saunders to report on it at a
Council meeting.
John Clark, 1975 Country Brook Avenue, requested permission to serve alcohol under a tent in the
entrance to Jenkins for the South Lake Business after-hours event. Mayor Turville stated he preferred to
have it served inside the building.
Council Member Goodgame moved that Jenkins Auditorium be made available to the
Chamber of Commerce for the Business After Hours this Thursday to serve beer and
wine; seconded by Council Member Hogan. The motion passed with all members present
voting "aye".
City Manager Saunders asked for clarification on alcohol to stay inside of Jenkins or be allowed outside.
Council Member Goodgame amended the motion to let them serve beer and wine for the
event and they can carry it back on the streets; seconded by Council Member Mullins.
The motion passed with all members present voting "aye".
REPORTS
City Manager Saunders - No Report
City Attorney Mantzaris - No Report
Council Member Hogan commented on the moving of the old Cooper Library building on Saturday. The
JC Penney Grand Opening had a good turnout. The Boy Scouts luncheon will be held on March 26 at
Jenkins and Dennis Horton will be honored.
Council Member Goodgame noted tables are for sale to attend the Boy Scout luncheon. All the
restaurants and hotels are full thanks to the softball tournaments Dr. Dot Richardson has going on. Mr.
Goodgame also commented on watching the relocation of the old Cooper Library Building.
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 10, 2009
Council Member Mullins - No Report
Council Member Thompson introduced Chase Abrams. He is a South Lake High School student who had
been shadowing Mr. Thompson. He will graduate from high school as a junior and go on to college.
Assistant City Manager Gray announced the 125 year celebration meeting has been cancelled for
Thursday. The meetings will resume the following Thursday at 6:OOpm in the Council Chambers.
Mayor Turville - No Report
City Manager Saunders requested the Blue Earth Economic Development item be withdrawn from the
agenda. Council Member Goodgame suggested having a joint meeting with Lake County to discuss this
issue. Lake County Commissioner Renick recommended a preliminary meeting with staff and Mayor
Turville and Commissioner Renick to prepare a presentation before having a workshop.
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-Open Air Sales & Tent Permit
Request to host the first Annual Elite
Wing Challenge on April 18"' at the
Oakley Seaver Shopping Center
Item No. 2 -Bid Award
Item No. 3 -Purchase Approval
Item No. 4 -Revised Personnel Policy
Administrative Services
Item No. 5 -Revised Job Applicant Background
Investigation Policy -Administrative Services
Jim Purvis pulled item 5 from the consent agenda.
Request authorization to award bid to
Frizs Landscaping of Clermont in the
amount of $38,137 for the Greater
Hills and Sunburst Lane Water
Treatment Plant Landscaping
Request authorization to purchase
materials for upgrades for lift stations
from ITT Flygt, LLC for $66,820
Adopt changes to the Employee
Personnel Policy
Adopt changes to the Job Applicant
Background Investigation Policy
Council Member Goodgame requested Mr. Burton comment on item 1. Richard Burton, 605 West View
Drive, Minneola, reported on the Elite Wing Challenge event.
Council Member Goodgame moved to accept items 1 - 4 of the consent a eg nda•
seconded by Council member Mullins. The motion passed with all members present
voting "aye".
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 10, 2009
Jim Purvis expressed concern with item 5 as it relates to doing credit checks on potential employees.
Discussion ensued between Council and staff addressing the concerns regarding background checks of
applicants.
Council Member Good~ame moved for acceptance of item 5; seconded by Council
Member Mullins. The motion passed 4 to 1 with Mayor Turville opposing.
NEW BUSINESS
Resolution 1606
Mayor Turville read Resolution 1606 aloud by title only.
A Resolution by the City Council of the City of Clermont, Lake County, Florida, in
support of funding Public Education.
Assistant City Manager Gray invited Cindy Barrow, Lake County School Board Member, and Susan
Moxley, Lake County School Board Superintendent, to come forward.
Cindy Barrow stated she brought this Resolution to Council Member Thompson's attention to place on
the agenda. She is looking for support from cities to support education. The City of Leesburg, Lake
County and the City of Lady Lake have also placed this Resolution on their agenda. Ms. Barrow thanked
Ms. Moxley for putting together this call to action.
Dr. Moxley stated the School Board values the City's partnership and requested Council consideration.
Mayor Turville opened the public hearing.
The following spoke in support of the Resolution: Cuqui Whitehead, Bob Foley, and Kerrie Ireland.
Council Member Thompson thanked Ms. Barrow and Ms. Moxley for being present.
Gaylon Chase Abrams spoke in support of the Resolution.
Mayor Turville closed the public hearing.
Council Member Thompson moved to approve Resolution 1606• seconded by Council
Member Mullins. The motion passed with all members present voting "a,~e"
Variance Request -Orange Bank at University Village
Planning Director Hitt presented the variance to allow for a reduced landscape buffer adjacent to the
right-of-way from 20 feet to 17.5 feet. The 1.08 acre out parcel site is part of the University Village
commercial development, which consists of three lots. This project has an approved site plan in which the
original survey was used for the building permit. The original survey turned out to be inaccurate which
was discovered during the entire University Village platting process for the three lots. With the Bank site
and building footers already under construction, the front landscaping buffer is not shown as 17.5 feet,
instead of 20 feet. This error was not the applicant/owners fault, but the fault of the original surveyor.
3
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 10, 2009
The applicant is not requesting any building alternations, or building additions to the current site plan.
Staff recommended approval of the variance request.
Brian Denham was present from Denham Engineering representing the applicant.
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goo~ame moved for approval of the variance request for the Orange
Bank at University Village• seconded by Council Member Mullins. The motion passed
with all members present voting "aye".
Inter-local Agreement -Water/Wastewater Improvements for Granville Road
This item has been withdrawn from the agenda.
Group Medical Plan Changes
Administrative Services Director Van Zile reviewed the proposed changes.
City Manager Saunders proposed a 5 percent surcharge instead of 10 percent.
Mr. Van Zile noted employees will be required to sign a form October 1 stating they have been tobacco
free for 90 days. Council and staff discussed the ramifications if it is determined an employee has not
been tobacco free.
Council Member Good~ame moved for acc~tance of the routemedical plan Chan eg s as
presented• seconded by Council Member Thompson.
Mayor Turville expressed concern with the increase in premiums for employees using tobacco products.
Council Member Goodgame called for the question.
The motion passed 4 to 1 with Mayor Turville opposing_
JPA Review -Amon Village
Jim Hitt, Planning Director, reported on the rezoning request from Agriculture to a Planned Unit
Development (PUD). It has been scheduled for Lake County's Zoning Board on March 4, 2009 and the
Board of County Commissioners on March 24, 2009. This residential development is being planned for
32.99 acres, of which 25.82 acres is usable. The approximate number of lots includes 53 single family lots
and 13 townhome lots, for a total of 66 lots. The net density is 2.56 dwelling units per acre. The property
is bordered on the north by the Florida Turnpike; to the west is vacant land; to the east is Orange County;
and to the south across Old Highway 50 is the Plaza Collina commercial DRI. The County staff will
require the completion of the required Traffic Study and any determination of Proportionate Fair Share
for determination of concurrency. School concurrency will also have to be adhered to for any site plan
approvals. The applicant does not have an approved utility agreement and there is no complete site plan to
review. City staff recommended this be tabled until the applicant has a utility agreement with Clermont.
4
City of Clermont
MINUTES
REGULAR COUNCIL MEETING
MARCH 10, 2009
Mayor Turville opened the public hearing. There were no comments. Mayor Turville closed the public
hearing.
Council Member Goodgame stated the PUD is not covered by the Joint Planning Area Agreement and
recommended we give approval based on City of Clermont codes and requirements. City Manager
Saunders explained the Council cannot approve the development because it is in Lake County. The City is
only allowed provide a recommendation.
Council Member Goodgame made a motion to write a letter to the County stating we would approve the
rezoning from Agriculture to Planned Unit Development on the basis that the development meets or
exceeds the City of Clermont's codes and development standards and development should not begin until
the PUD plans have been approved by the City of Clermont staff and City Council. Unless these
requirements are followed, the City will refuse water and sewer services. The motion died due to the lack
of a second to the motion.
Council Member Mullins moved to take staff's recommendation and ask Lake County
not to approve until they have a Utility Agreement with the City of Clermont and a site
plan; seconded by Council Member Thompson. The motion passed 4 to 1 with Council
Member Good ag me opposing.
Code Enforcement Board Appointment
City Manager Saunders informed Council of one vacancy on the Code Enforcement Board. Staff received
4 requests for appointment to include: Joe Janusiak, Kenneth Forte, Dave Holt, and Diane Stellhorn.
Council Member Hogan recommended Mr. Forte and Council Member Goodgame recommended Mr.
Holt.
Council Member Mullins prefers to have a diverse group on the board representing the City.
Cuqui Whitehead questioned whether it is necessary to make an appointment at this meeting.
Council Member Thompson agreed with Council Member Mullins to have a diverse group.
Judy Proli, 1020 Everest Street, recommended the Council ensure the appointee has the time required to
serve on the board.
Council Member Goodgame moved to appoint David Holt to the Code Board• seconded
by Council Member Thompson. The motion passed 3 to 2 with Mayor Turville and
Council Member Hogan opposing_
Council Member Goodgame recommended staff send letters to the applicants.
.ADJOURN: With no further comments, this meeting was adjourned at 8:
_ APPROVED:
_ Harold S. Turville, Mayor
ATTEST:
- Trac Ackroyd, Clerk