Loading...
07-28-1998 Regular Meeting CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 A regular meeting of the City Council of the City of Clermont was held Tuesday, July 28, 1998 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor Pool with the following Council Members present: Council Member Wolfe, Council Member Brown, Council Member Cole and Council Member Norquist. Other City officials present were City Attorney Baird, Finance Director Van Zile and Clerk Beasley. INVOCATION The Invocation was offered by Bruce Stewart of the Open Door Church followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The minutes of the regular Council Meeting held July 14, 1998 were approved as presented. CITY MAiNAGER SAUNDERS' REPORT House Demolition City Manager Saunders stated that the property purchased for the Fire Depar~ent located on S.R. 50 has a house that needs to be demolished. The Public Service Department has the equipment to demolish the house this week and he recommended the demolition. 98-212 A motion was made by Council Member Cole, seconded by Council Member Brown, and carried unanimously to approve the demolition of the structure located on the new Fire Department proper_~ on $.R. 50. McKinney Park Update City Manager Saunders stated work quite a bit of work has been accomplished at McKinney Park with the new playground and the ballfield. Four quotes were received for installation cost for the 6' tall perimeter fencing, with the low quote from A D & D CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 2 Fence Services for $1,850. He stated the price may vary slightly if problems are encountered. 98-213 A motion was made by Council Member Wolfe, seconded b? Council Member Cole, and carried unanimously to approve quote_for the 6' tall perimeter_fencing at McKinne¥ Park to A D & D Fence Co. For $1,850. Fire Department Mayor Pool congratulated the Fire Department for all they have done for the community and stated he supported all they have done to improve fire fighting capabilities in the community. He expressed disappointment in the Channel 9 report of Clermont's reporting procedures. VISITORS WITH BUSINESS Lake Lowery Water Issue Dr. Robert Taylor, Director of the Lake County Water Authority spoke regarding the Lake Lowery water issue. He explained the present issue is a long-standing issue which is a result of Polk County issued building permits in the 1970's and early 1980's for a number of homes on the north side of Lake Lowery in a wetlands area. 1983-84 was a very rainy year and many of these homeowners had problems. Polk County worked with the St. Johns River Water Management District and came up with a plan to correct the problem wlhich included diverting the water from Lake Lowery to the south rather than allowing it to flow to the north through the Green Swamp and into Lake County and the Clermont Chain of Lakes. Numerous scientific studies have recognized the northerly flow of the water and identify Lake Lowery as the head waters to the Palatlakaha River system wh!ich includes the Clermont Chain. The Water Management Districts were created in 1972 which includes the St. Johns River Water Management District and the reason Lake Lowery is included in the St. Johns is because of the northerly flow of Lake Lowery. About a year ago Polk County requested a permit from St. Johns to install culverts to divert the water to the south. A permit was also required from the Southwest CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 3 Florida Water Management District, where the water would be diverted. Petitions have been filed fi.om Lake County, the Water Authority and concerned citizens over the past several months. The possibility of a long drawn-out legal battle is high so about three months ago a cooperative study was proposed (Polk County, Lake County, and two water management districts) where a scope of work would be defined to gather information to answer questions about the water flow and quantify the amount of water, etc. However, today it appears the questions will need to be settled in court. He stated that a positive step was taken late last week by Henry Dean, Executive Director of the St. Johns River Water Management District who sent a letter to Polk County which pointed out the St. Johns had :tried to be very cooperative with Polk County and previously issued emergency permits, but he asked Polk County propose a long-term solution by September 1 or the permits will not be continued. He stated that scientific studies will need to be done on the hydrology of Lake Lowery and the Green Swamp and quantify the flows of the water and he hoped that the various agencies will jointly initiate these studies. Dr. Taylor stated that the Council can encourage Henry Dean and the governing board of St. Johns for a proposed long-term solution. UNFINISHED BUSINESS Final Reading of Ordinance 349-M, Ordinance 350-M and Resolution 1011 Jimmy Crawford, stated he was representing Franklin Longenback, the applicant for requests for annexation, rezoning and a Conditional Use Permit for approximately 5 acres which lies west of Highway 27, south of the entrance to the Vistas subdivision which was tabled at the June 23 meeting. He stated the homeowners who have opposed the annexation have new legal representation and he requested tabling the item. City Manager Saunders stated new information has also been received regarding vested zoning rights in the County and he would also request tabling the request until the August 25 meeting. .4 motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimousl_¥ to table Ordinance 349-M, Ordinance 3 5 0-M and Resolution 1011 until ,4 ugust 25, 1998. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 4 Mary Jackson, Events Unlimited Mary Jackson of Events Unlimited requested approval of three events. The first event scheduled fbr November 13 and 14 is a Bar-B-Q cook-off and is sponsored by the South Lake Counl~ Foundation to raise funds to benefit a number of local charities and will be held at Hobos Barbecue and the Mulberry Inn on West Avenue, closing portions of West Avenue. 8.-215 !8,=-217 A motion was made bY Council Member Brown, seconded bY Council Member Wolfe, and carried unanimousl_¥ with one abstention by Council Member Norquist to approve the November 13 and 14 Bar-B-Q cook-off sponsored bY the South Lake Coun _t¥ Foundation, closing portions of West Avenue. Mary Jackson reviewed the 48th Annual Festival on the Lake sponsored by the Chamber of Commerce for September 4-7 at the Clermont Waterfront Park. She requested approval for closing the boat ramp during the festival and stated they would post notices on the ramp signs at least two weeks in advance. A motion was.made by Council Member Cole, seconded b¥ Council Member Browh, and carried unanimously to approve the 48 tn Annual Festival on the Eake sponsored bY the Chamber Of Commerce September 4-7, .including the boat ramp closure on September 4-7. Mary Jackson reviewed the annual "Light Up Clermont" event scheduled for December 3-5 sponsored by the South Lake Chamber of Commerce. The event will require the closing of Montrose Street fi'om Lake Avenue to West Avenue and the temporary closing of side streets during the Christmas Parade on December 4. A motion was made by Council Member Cole, seconded bY Council Member Brown, and carried unanimousl_¥ to approve the annual "Light Up Clermont" scheduledfor December 3-5 sponsored bp the South Lake Chamber of Commerce with the closing of Montrose Street from Lake CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 5 Avenue to West Avenue and the temporal_ closing of side streets during the parade on December 4. Council Member Wolfe advised that Light Up Lake County should be advised that we will not be iparticipating in their event. Lake Sumter Children's Advocacy Center Mayor Pool stated that Lake Sumter Children's Advocacy Center is requesting approval for the first annual Lake County Run For Children to be held October 3 at the Waterfront Park. Jim Feuerstein of Lake Sumter Children's Advocacy Center He stated that the event is being coordinated with the Police Department and the Sheriff's Department and is a "not for profit" event supporting this organization. ~8-.218 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to approve the Lake Sumter Children's Advoca~ Center's first annual Lake Coun~ Run for Children on October 3 at the Waterfront Park. Michael and Kimberly French - Variance Request City Manager Saunders stated that the applicant is requesting a variance to the required rear yard setback of 25' to allow a 17' setback from the rear property line and a 20'9" side yard setback where 25' is required for a lot located on the corner of Seminole Street and 15® Street. Mayor Pool stated that the request requires a Quasi-Judicial hearing and stated that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in the following: Bill Lawson Frank Glow 1803 Rosewood Drive, Clermont 1413 15th Street, Clermont Bill Lawson stated his daughter is Kimberly French who asked him to speak on her behalf to request variances for setbacks. He stated the lot slopes drastically from the back to the front and will require a 5' retaining wall in the back. · CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 6 Mr. Frank Glow stated he and his wife reside next to the lot. He stated the proposed house will take up more of the lot than other houses in the area. He requested that the variances be denied. City Manager Saunders stated that the Land Development Regulations requires a hardship be demonstrated in order to justify a variance. The staff recommends denial of the rear yard setback request, however, there is a hardship for the side yard setback request. When this subdivision as platted, the side yard set back adjacent to Seminole Street was only 12' and the home that will abut the rear yard of this home has an existing side yard set back from Seminole Street of 15'. Staff recommends approval of the 20'9" side yard set back from Seminole Street, however, recommend denial of the rear yard request. 98-219 98-220 After discussion, a motion was made bY Council Member Wolfe, seconded bY Council Member Norquist, and carried unanimously to approve the variance_for an approximate 15' side yard setback to line up with the adjacent home on Seminole Street rather than the required 25' and deny a rear setback variance to Michael and Kimberl¥ French_for the corner of Seminole Street and 15th Street. Lake Sum~er College - Resolution 1010 Mayor Pool stated that Resolution 1010 will allow a Conditional Use Permit for the construction of the South Lake Center for the Lake Sumter Community College. Mayor Pool read Resolution No. 1010 by title only and stated that the request requires a Quasi- Judicial hearing and that anyone wishing to speak in favor of or in opposition to the request should be sworn in. City Clerk Van Zile swore in Dr. Robert Westrick, 33013 Dammon Court, Leesburg. Dr. Westrick stated they are ready to begin with the first phase of the college and hope to be open by fall of 1999. City Manager Saunders explained that our Land Development Regulations requires Condition #22 which compels any development to extend the water main to the end of their property, which in this case would be approximately 1,000' of additional ,water main. This requirement could be included in a future phase rather than CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING 5ULY 28, 1998 Page 7 at this initial phase. City Clerk Van Zile swore in Jim Hunter, 990 Stonewood Lane, Maitland. Jim Hunter, engineer for the project, concurred it would be beneficial to postpone extending the water main to the northerly end of the property. City Manager Saunders stated that that the Planning and Zoning Commission has recommended approval of the request and staff also recommends approval with conditions as stated in Resolution 1010. Mayor Pool closed the public hearing. 98-221 A motion was made bY Council Member Cole, seconded bY Council Member Wolfe, and carried unanimous!¥ bY roll call vote to adopt Reso- lution 1010 amending Condition #22 including the extension of the 16" water line to the north proper~ line at a_future phase or when the proper_ty l_ping north Of the school site is developed and requires water service. NEW BUSINESS Tentative Ad Valorem City Manager Saunders stated that the City is required to submit to the Property Appraiser's office a tentative millage rate for next year which will be included in the proposed millage notices that will be mailed to all Clermont property owners. As a result of the recent budget workshops, we are recommending to retain the existing millage rate of 2.979 for the 6th consecutive year. 98-222 A motion was made by Council Member Cole, seconded bp Council Member Brown, and carried unanimously to approve a tentative ad valorem millage rate of 2.979. Introduction of Ordinance 289-C City Manager Saunders stated the Municipal Code Corporation has forwarded the newly codified City of Clermont Code book. Adoption of the Code is by ordinance and Ordinance 289-C is for introduction only which will re-adopt the entire code book. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 8 Mayor Pool read Ordinance 289-C by title only and stated that the final reading and public hearing is August 11. 98-223 A motion was made by Council Member Cole, seconded by Council Member Norquist, and carried unanimously to introduce Ordinance 289-C. Introduction of Ordinance 356-M City Manager Saunders stated that this miscellaneous ordinance will grant a garbage hauling franchise agreement to Cunningham Refuse. The City provides non-exclusive franchises fbr commercial hauling and several of these have been granted in the past. Mayor Pool. read Ordinance 356-M by title only and stated that the final hearing will be August 11. 98-2211 A motion was made bp Council Member Norquist, 'seconded by Council Member Brown, and carried unanimously to introduce Ordinance 356-M. Bid Awards Garbage Containers: City Manager Saunders stated that bids were received for the 68- gallon and !}5 gallon garbage containers. He requested that the item be tabled until August 11 since questions regarding minimum specifications had not yet been answered. 98-225 ,4 motion was madb bY Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to table the garbage container bid award until ,4ugust 11. Street Tree Maintenance: City Manager Saunders stated that the annual Street Tree Maintenance received two bids as follows: Pro Tree Service Southeastern Tree & Excavating $9,970 $18,350 He recommended approval of the low bid for Pro Tree Service in the amount of $9,970. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 9 98-226 A motion was made by Council Member Norquist, seconded by Council Member Brown, and carried unanimously to award the annual tree maintenance bid to Pro Tree Service in the amount 0f$9,970. Access Road, Parking Area and Boat Ramp: City Manager Saunders stated that five bids were received and the low bidder was Paquette Paving Company. He recommended that alternate "A" be chosen which is a prefab aluminum floating dock which is a double ramp with a dock between the two ramps. The base bid was for a fixed wooden dock. He recommended Paquette Paving with Alternate "A" for $392,245.80 for the total bid. He stated art additional $29,745.80 will need to be appropriated from General Fund Reserves in. addition to the amounts budgeted in this year and next year's proposed budgets. 98-227 A motion was made by Council Member Norquist, seconded bP Council Member Cole, and carriedfour to one with Council Member Wolfe voting nay to award the base bid and Alternate A in the amount 0f$392,245.80 to Paquette Pavingfor the Access Road, Parking Area and Boat Ramp and a General Fund Reserve trans_fer in the amount 0f$29, 745.80. Cemetery_ 6" Irrigation Well: City Manager Saunders stated that this year's budget included an 6" irrigation well for the Cemetery. Four quotes were received for the well with the low quote being from Meredith Environmental in the amount of $4,800 and he recommended approval. 98-228 A motion was made by Council Member Cole, seconded by Council Member Wolfe, and carried unanimously to award the bid of $4,800 to Meredith Environmental for a 6" irrigation well_for the Cemetery. 600 Recycling Bins: City Manager Saunders stated that Public Service Director Davis received four quotes for these bins with the low quote being from Busch Systems in the amount of $3,174. The proposed budget includes this item for next.year, however, we are requesting authorization at this time due to the lead time required for delivery of the carts. We will not be invoiced until the new budget year. $3,600 is the budget amount for these bins. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 11 before arriving to the scene." The successive pages of this report show the actual equipment that arrived at the scene and the equipment that was canceled enroute. The report does not ask for a listing of what equipment was assigned but never lef~ the station. Chief Bishop stated that they also questioned response times when his vehicle gets on the scene. Because he has a painting business, he ot~en arrives in his painting business track rather than travel to where the Fire Department vehicle is located, change vehicles and arrive at the scene in an official car. He stated that he responded to calls for 27 years when no official vehicle was provided to him. He stated that the State handbook lists, "this includes Fire Chief's vehicle". He stated that any vehicle that he is in can be considered the Fire Chief's vehicle. He stated that Channel 9 reported that no other fire department reports the way he does, however, many other fire departments including Longwood, Altamonte Springs and Winter Springs show that trucks that never lef~ their station were included as "units responding" or "on scene." Chief Bishop further stated that Channel 9 reported that fire fighters were instructed to change their reports. The "memo" that they referenced does not include the word "change" ~nd the "memo" was a note for items of discussion to review the reports to make sure they were accurately filled out. Chief Bishop also stated that unfounded complaints had been filed with the EEOC Other areas of concern that he briefly noted involved recent break-ins at the Fire Department, files broken into, equipment failure, delay in responding, etc. Dennis Horton stated he has been a resident for 24 years with a law practice in the City. He has felt that Clermont has had good planning and management and until a year ago the community has run very smoothly. It bothers him to see people with integrity like Chief Bishop and City Manager Saunders and the Mayor that have been attacked by a few by making false accusations because it brings the community down. The way Channel 9 .portrayed Chief Bishop was not the Chief Bishop he knows who is a man of high integrity, character, and he would trust him completely. He was concerned with the small grou.p who is trying to divide the community. He stated the community should be proud of what it has done, what it is, and what it has. Charlene Forth stated that no disgruntled firemen called Channel 9 but found documentation while investigating a 911 incident. She stated the "Good Old Boys Club" CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 10 98-229 A motion was made b? Council Member Cole, seconded by Council Member Brown, and carried unanimous!¥ to award the bid of $3, 600 to Busch Systems for 600 recycling bins. Hancock Road School Sewer Tap: City Manager Saunders stated that a sewer tap is required in order to provide service to the proposed middle school to be located on Hancock Road. Three quotes were received and he recommended approval of the low quote of Action Industries in the amount of $1,255. The School Board will reimburse the City for the cost of this sewer tap. 98--230 A motion was made by Council Member Norquist, seconded by Council Member Brown, and carried unanimously to award the quote of $1,255 tD Action Industries for a sewer tap to provide service to the proposed middle school to be located on Hancock Road. FIRE DEPARTMENT City Manager Saunders stated that several fire fighters were not in attendance earlier in the meeting because of an emergency call and he reiterated Mayor Pool's earlier statement that we are very proud of our Fire Department and particularly Fire Chief Carle Bishop who has 28 years of service. He stated the Department has been harassed for the last couple of months by Channel 9 and others who have reported false information. Fire Chief Bishop stated he has not betrayed the City's trust in him. He encouraged the Council Members to meet with him to review the reports that are disputed. Channel 9 reported that they falsified reports. He stated they are reviewing only page one and the report is six pages long. Chief Bishop stated he follows State Fire Marshall's guidelines who has jurisdiction and authority. The report is done on computer software that is listed in the State Fire Marshall's handbook as compatible software and the format only allows certain choices. The issue involves the way the Fire Department responds to calls if all vehicles do not get to the call. The manual states that line "H" should include all personnel and equipment originally assigned to an incident. If the call is canceled, and if the personnel and equipment is still at the station, the manual directs, "Include all personnel and equipment from your department originally assigned to an engine, even if CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 12 is the problem and she didn't care if people were taken out in handcuffs, because the officials didn't have any shame, guilt or conscience. If a problem is noted, it is identified as being from the "disgruntled few". She stated she called ISO and they did not approve of the way 'the reports were done here. She stated that FDLE is investigating and that problems need to be fixed. She stated that Council Member Wolfe has taken the heat. She voted for him, supported him, worked on his campaign. She met Mr. Sette who was interviewed by Channel 9 and shortly after he was brought into the office and interrogated. Many concerned people who are unable to be here have called her. Steve Sette stated he, Lt. Stone and Capt. Fortier tried to talk with City Manager Saunders to talk over some problems. City Manager Saunders then called Chief Bishop and told him that he needed to have better control over them and his department because we went over Chief Bishop's head and spoke to him. He stated they were threatened to be thrown off the department and to keep their mouths shut. He complained of harassment, interrogation and that he was placed a hostile work environment. He stated standard procedures should be followed. The department uses ladders that have been untested in 20 years. He stated that fire trucks should not be reported as responding that have not left the station. Charles Forth stated that at the last Council Meeting he mentioned a fire track had raced past his home on DeSoto Street about 11:30 p.m. Speed bumps had recently been installed near his property. A stop sign is not in place on West Avenue and DeSoto. The fire truck came through about 40-50 MPH, hit the speed bumps, did not hit the brakes, but went through the intersection pretty much sideways. He went out to look and saw the truck stop at the next stop sign at the Hospital. He said there were no lights or sirens. He said he was concerned as a taxpayer about the actions ofpubli'c employees and equip- ment. He :said he would be glad to pay more taxes in order to have proper equipment. Lisa Jensen asked Chief Bishop what is the motivation for the complaints. Chief Bishop stated he didn't know, but the same three or four names show up on every complaint. He stated that two of them were dismissed and one quit after being demoted. He stated that one had many disciplinary action forms in their files initiated by other agencies, including alcohol on their breath, driving tracks without emergency lights or sirens on, etc. and he reviewed those allegations with him and subsequently demoted him from CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 15 Captain to firefighter and he then quit the fire department. The other individuals were terminated because of an inadequate number of response to calls. He responded to Mr. Sette's allegation that the aerial apparatus had not been inspected, stating that it had been inspected within the last year or so by American Testing. Carlos Solis stated he has known Chief Bishop for a long time. He distributed copies of the persormel record of Fire Fighter Fortier. Deputy Fire Chief Paul Anderson said he has lived in Clermont all his life and has been involved with the Fire Department for many years. He said recent reports by Channel 9 has attempted to make sensational news. Mrs. Forth in a letter to the editor charged that we did not have a back up plan when EMS had a long response time. She did not ask Chief Bishop and he would have told her that there is a Memorandum of Understanding which is a Mutual Aid Agreement with EMS. Mr. Forth in a letter to the editor charged that if the Fire Department had two calls at once that we would have to flip a coin to see which one 'to go to, however, recently there were three calls within eight minutes and all three calls 'were handled adequately. He stated that Channel 9 also reported an incident that occurred over 10 years ago when he worked for Orange County Fire Department but was suspended and charged with arson. The case was dropped because the witness was unable to b.e located, later found to be in jail. The case was settled and the second person who was also charged went back to work for Orange County, however, he was then employed iln the Bahamas. He didn't understand why the issue had been brought up because it was old news and it isn't news today. Council Member Wolfe stated he appreciated the Fire Department volunteers but when he campaigned last year he said it was time to bring the Fire Department up to the standards. He reported that Tavares has had full-time, paid firemen for over 20 years and the Mt. Dora for 30 years. He stated that Clermont should at least have a plan and when he ran for Council last year there was no plan. This year we agreed to hire a consultant who will help with the long-term planning. Mayor Pool stated he was concerned with Council Member Wolfe's statement that the City has failed to plan in the past. Mayor Pool was concerned because of the full page campaign ad placed by Mr. Wolfe that criticized the volunteer firefighters and the Chief CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING JULY 28, 1998 Page 14 and "if elected I will investigate" and in seven months have not spent any time with the Chief at the Fire Department. He stated that the City has spent a significant amount of time on fire department site locations and the researching the possibility of expanding the fire departsnent. He referred to Bloomington, Minnesota with a population 90,000 that has an all-volunteer fire department, six fire stations, 150 volunteers at $2 per call. He stated that 'while Clermont spends between $90,000-$100,000 per year on fire protection which has well served the citizens, Leesburg annually spends $1.7 million, Mt. Dora $900,000, Tavares $700,000. Council Member Brown stated he planned to meet with Chief Bishop at the Fire Department and investigate the situation himself. Council Member Cole stated he was offended by some of the criticisms made because Chief Bishop's budget requests have usually been provided and he has seen the volunteers working cooperatively together on many occasions when he has visited the Fire Department. He didn't understand the reason for any criticism. There being no further business or discussion, the meeting adjourned at 10:30 p.m. Attest: Robert A. Pool, Mayor ~oseph E. Vat.e, Ci~ Clerk