10-14-1997 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
OCTOBER 14, 1997
A regular meeting of the City Council of the City of Clermont was held Tuesday,
October 14, 1997 in the Council Chambers at the Police Department. The meeting
was called to order at 7:30 p.m. by Mayor Pool with the following Council Members
present: Council Member Dupee, Council Member Sargent, and Council Member
Norquist. Other City officials present were City Manager Saunders, Finance Director
Van Zile, Planning Director Harker and Planning Specialist Shaw-Ogden.
INVOCATION
The Invocation was offered by Council Member Norquist followed by the repeating .of
The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Regular Council Meeting held September 23, 1997, Special
Council Meeting held October 6, 1997, and Workshop meetings held April 29, May
21, June 19, July 17, July 24, July 28, August 12, August 14, and October 1, 1997
were approved as presented.
CITY MANAGER SAUNDERS' REPORT
Church Directional Signs
City Manager Saunders stated that historically churches have been allowed to place
directional signs along Highway 50. A recent request has been made by a
congregation to place a sign on the corner of Highway 50 and West Avenue on City
property. One other church directional sign is already at this location.
97-205
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to approve placement of a
church directional sign on Highway. 50 and West Avenue.
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Workshop
City Manager Saunders suggested scheduling Mr. Wright and his neighbors regarding
property access on the same night as the proposed workshop with City Attorney Baird
to review the Sunshine Law and the Ethics laws with the Council. Council agreed to
schedule a workshop on Wednesday, October 22 at 6:00 p.m. in the Council
Chambers.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee invited everyone to a South Lake Chamber of Commerce
breakfast on Friday, October 17 at 7:30 a.m. at Jenkins Auditorium with Larry
Whaley, speaker.
Council Member Dupee congratulated the Clermont Fire Department on the results of
the review held last year which gave the department an ISO rating of 5.
COUNCIL MEMBER NORQUIST'S REPORT
Council Member Norquist asked that the Workshop agenda also include discussion of
two street lights at the end of 12th Street near the Park of Indian Hills on Lake Shore
Drive.
MAYOR POOL'S REPORTS
Mayor Pool was concerned with the littering involving placards and signs on telephone
poles at intersections and wanted them removed and let people know there is a f'me.
UNFINISHED BUSINESS
Resolution No. 975
Mayor Pool stated that Resolution No. 975 will cancel the proposed referendum
regarding the property tax exemption question on the November 4, 1997 general
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election. City Manager Saunders explained that the City Council had originally
planned for this question to be placed on the November ballot, however, since both
Council seats were decided in the primary, there is concern that not enough voters
would turn out to provide adequate public input for this important issue. Mayor Pool
read Resolution No. 975 by title only and opened a public hearing. No one asked to
speak and Mayor Pool closed the Public Hearing.
97-206
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Resolution No. 975.
Final Reading of Ordinance 329-M
City Manager Saunders stated that this ordinance will amend the rate schedule for
sewer service as discussed during budget workshops and introduced at the last
meeting. The new rate schedule will take effect with the October 30 billing. Also
included in this ordinance under Section 2 is a credit for charges related to the filling
of swimming pools. Currently sewer bills are based on number of gallons of water
used. When a swimming pool is filled, the sewer system is not affected by this water.
Therefore, a credit will be provided as long as the City is notified or documentation is
received as outlined in Section 2.
Mayor Pool read Ordinance 329-M by title only and opened a public hearing.
Howard Barry asked if this was an increase. City Manager Saunders stated the
current base rate will increase from $9.53 to $10.90. Mayor Pool closed the public
hearing.
97-207
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously by roll call vote to adopt
Ordinance 329-M.
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RECOGNITION OF COUNCIL MEMBERS DUPEE AND SARGENT
Mayor Pool congratulated and thanked Council Member Sargent and Council Member
Dupee and recognized them for their dedication and outstanding years of service to the
City and presented each with a commemorative clock.
ADMINISTRATION OF OATH OF OFFICE OF NEWLY ELECTED COUNCIL
MEMBER GROUPS H AND GROUP IV
Mayor Pool invited the two new Council Members, Mr. Lawson "Speedy" Wolfe and
Mr. Jim Brown to come forward. City Clerk Van Zile administered the Oath of
Office to Council Member Wolfe and Council Member Brown.
COUNCIL MEMBER BROWN'S REPORT
Council Member Brown said it was an honor to be chosen to have been chosen to
serve the City of Clermont and he will do his very best to serve the community.
COUNCIL MEMBER WOLFE'S REPORT
Council Member Wolfe stated he appreciated the opportunity to serve Clermont and
was looking forward to being an active part of the Council. He was concerned about
approval of Workshop minutes that were several months old. He hoped that minutes
of Workshops would be approved at the very next meeting. He stated a Workshop on
February 18 was not approved. City Manager Saunders stated he would find out the
status of these minutes.
VISITORS WITH BUSINESS
Irene Abraham
Mayor Pool stated that Mrs. Abraham was the recipient of a home improvement
through the Community Development Block Grant. She is now proposing to mortgage
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her home and requesting that the City subordinate the Block Grant mortgage in order
for her to be approved for her new loan.
Fred Fox, Community Development Block Grant administrator explained that Council
has the option to approve subordination of the Community Development Block Grant
loan that was originated when Mrs. Abrahams home was rehabilitated about a year
ago. The CDBG loan of $15,825 is repaid at the rate of 20% a year if Mrs.
Abrahams resides in the home. Additional money was received from the Lake County
S.H.I.P. program in the amount of $9,777 with a similar payback. Mrs. Abrahams
stated she wants to refmance to obtain items for health reasons. She will pay off the
County S.H.I.P loan with the refinancing proceeds.
City Attorney Baird stated that the Council has subordinated in the past. The CDBG
mortgages are provided in order to prevent abuse of the program.
97-208
A motion was made by Council Member Cole, seconded by Council
Member Brown, and carried unanimously to approve the subordination of
the Community Development Block Grant _for Irene Abraham.
Catherine Mann
Fred Fox, Community Development Block Grant administrator explained that Mrs.
Mann was the recipient of a home improvement through the Community Development
Block Grant. Mrs. Mann has a permanent disability and is now living with relatives
in Southern Florida. She is trying to sell her property and has found a willing buyer
The original Block Grant amount appropriated for Mrs. Mann was $19,997.55. The
Block Grant program requires a five-year lien on the property with 20 % being
forgiven each year which would indicate there is a $15,998.04 balance on Mrs.
Mann's property. He recommended that any proceeds from the sale be applied to
paying off the loan where she would not profit from the sale.
City Attorney Baird stated the fa'st mortgage is in foreclosure and her attorney, Mr.
Jordan made this proposal as a settlement proposal. The City is named as a part to
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that action. The first mortgage holder declined to accept the proposal presented by
Mr. Jordan so she has had to sell it at a reduced rate. He recommended that the
Council follow Mr. Fox's recommendations.
Fred Fox recommended to allow Catherine Mann to reduce the amount of her lien to
the amount that she would derive from the sale.
97-209
A motion was made by Council Member Cole, seconded by Council
Member Wolfe, and carried unanimously to reduce the amount of the
CDBG loan with Catherine Mann to the amount that is derived from the
sale of the home.
Fred Fox furnished the Council Members with an update for the Community
Development Block Grant and stated the current program should be complete in mid-
1998.
Hunter's Trace - Variance Request
City Manager Saunders stated that Mr. Wade, representing Hunters Trace, is
requesting a variance to our Code requirement for a maximum of 200' hose lay for
their Hunter's Trace Commercial Center located at the old drive-inn property. Mayor
Pool stated that the request requires that a Quasi-Judicial hearing be held and that
anyone wishing to speak in favor of or in opposition to the request must be sworn in.
City Clerk Van Zile swore in Rick McCoy, 713 W. Montrose, Clermont.
City Manager Saunders stated that staff has found that the Code requirement for a
maximum of 200' hose lay in many commercial situations places hydrants in an
unusable location. Assistant Fire Chief Paul Anderson has reviewed the plans and
recommends approval of the request to delete the fire hydrant at the southwest comer
of the proposed motel parking area as long as a hydrant is placed at the northwest
corner of the intersection of Highway 27 service road and Hook Street. Staff
recommends approval of this request.
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97-210
After discussion, a motion was made by Council Member Norquist,
seconded by Council Member Cole, and carried unanimously to allow a
variance for the maximum of 200' hose lay_ for the property_ south of $.R.
50 on Highway_ 27.
Surin Construction - Variance Request
City Manager Saunders stated that this is a request for a variance to our driveway
construction code for a new home being built on the southerly portion of Lot 1,
Minnehaha Shores which is located south of Hook Street on Lake Minnehaha to allow
a 6 % slope on a driveway and a 2 % slope on a sidewalk with an actual negative slope
coming from the street down to the sidewalk. Mayor Pool stated that the request
requires that a Quasi-Judicial hearing be held and that anyone wishing to speak in
favor of or in opposition to the request must be sworn in. The following were sworn
in by City Clerk Van Zile:
Gary Surin, 16711 Tequesta Trail, Clermont
Darrell Bishop, 2255 S. Lake Shore Drive, Clermont
Rick McCoy, 713 W. Montrose Street, Clermont
Gary Surin of Surin Construction referred to the schematics that had been provided to
the Council Members. The City Code creates a very severe mound in the yard that is
inconsistent with the whole side of the street. It would be inconvenient to try to get a
vehicle up the mound and drop down into the house. It also creates a problem in
diverting the watershed that would be created from that sidewalk down to the house.
He was also concerned about a liability because of the hump. With a negative 6 %
using the existing soil and regular pitch on the sidewalk, it would be easy to divert the
water from the street into the soil on the left or right side of the driveway.
Darrell Bishop stated he had several concerns. Since the construction of the home had
begun, the water on the south side of the house is flowing onto his property. He
asked the City Council to review the water runoff running into the house. The
driveway has been diverted around the tree which makes it much wider than a one-car
garage and it continues over the front door. The majority of the front yard is in
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concrete. When the house was hooked up to the sewer, someone told him that the
sewer ran into the house instead of the house running into the sewer. He was
concerned that the value of the house would be devalued in the future. He was also
concerned that the people building the home have no intention of living in it.
Rick McCoy stated he had not seen the site, but it doesn't sound uncommon because
of the topography in the area to f'md situations like this.
City Manager Saunders stated that the Code is written to do what Mr. Bishop was
concerned with which is to keep the street water from running down a driveway and
running into the home. The major concern with what the applicant is proposing is the
possibility that street water would go down that driveway into the garage and possibly
into the house in a heavy rain or major storm. The Code provides for a positive slope
from the flow line of the street to the edge of the right-of-way. Staff recommends to
actually move the flat area of the sidewalk 10' closer to the street rather than having it
back at the property line which will decrease the slope from the sidewalk area into the
garage. Staff also recommends 1/4" to the foot rather than a 3/4" to the foot slope
from the flow line to the sidewalk area which will keep the water from running off the
street.
Gary Surin stated that the sidewalk portion of the driveway has been moved two or
three times. Council Member Wolfe was concerned with the slope required by the
City and the inconsistency with ADA requirements. City Manager Saunders stated
that ADA requirements do not pertain to private single-family home driveways. Staff
recommends moving the sidewalk 10' closer to the road which will decrease the slope.
Council Member Norquist asked why the sidewalk was proposed to be moved to the
10' from pavement area. Planning Director Harker stated that 100-year old oak trees
would need to be removed at the required sidewalk area. Council Member Cole was
concerned that all the parties did not have a complete understanding of the situation.
Mayor Pool closed the public hearing.
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97-211
A motion was made by Council Member Wolfe to grant a variance for a
6" slope on the driveway and 2 % slope on a sidewalk for Lot 1,
Minnehaha Shores south of Hook Street to Surin Construction. The
motion died for lack of a second.
A motion was made by Council Member Norquist, seconded by Council
Member Wolfe, and carried unanimously to table the motion until
October 28,, 1997.
Jack Prickett
City Manager Saunders stated that Mr. Prickett is requesting a variance to our Land
Development Regulations to allow construction of his project on the outparcel at the
Clermont Regional Shopping Center with 1050 gpm rather than 1200 gpm as required
for fire flow. Mayor Pool stated that the request requires that a Quasi-Judicial hearing
be held and that anyone wishing to speak in favor of or in opposition to the request
must be sworn in. City Clerk Van Zile swore in the following:
Rick McCoy
Jack Prickett
713 W. Montrose Street, Clermont
2590 Villa Way, Eustis
Rick McCoy stated that this request is similar to another request granted by Council
earlier this year to reduce the required minimum gpm for fire flow. The shopping
center was designed for 1,000 gpm for fire flow. The new Land Development
Regulations require 1,200 gpm fire flow which is not available at the shopping center.
Deputy Chief Paul Anderson has also reviewed the situation and after reviewing the
National Fire Protection Code about 800 gpm is needed for the size building. A
variance is requested from 1,200 to 1,000 gpm for fire flow.
City Manager Saunders stated that staff is recommending approval. Mayor Pool
closed the public hearing.
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97-212
A motion was made by Council Member Cole, seconded by Council
Member Norquist, and carried unanimously to approve the reduced fire
flow variance of 1,050 gpm_for Jack Prickett at the Clermont Regional
Shopping Center outparcels.
NEW BUSINESS
Huntington Replat
City Manager Saunders stated that approval is requested for a replat of Huntington at
Kings Ridge, Phase II. The replat has been reviewed and approval of the replat is
recommended as submitted.
97-213
A motion was made by Council Member Norquist, seconded by Council
Member Cole, and carried unanimously to approve the replat of
Huntington Ridge, Phase II.
East Hampton Plat
City Manager Saunders stated that final plat approval is requested for East Hampton at
Kings Ridge which is another section of Kings Ridge. This plat has been reviewed
and is recommended for approval.
97-214
A motion was made by Council Member Cole, seconded by Council
Member Wolfe, and carried unanimously to approve the East Hampton
Plat.
South Lake Refuse
City Manager Saunders stated that last year the City entered into an agreement with
South Lake Refuse for solid waste collection and disposal for the Kings Ridge
development. The agreement for a one-year term included provisions for extending
the agreement by written notice. Public Service Director Davis is recommending that
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we extend this agreement for an additional one year period with South Lake Refuse
under the existing terms and conditions with a revision to the rate to be paid to South
Lake Refuse as outlined in their September 24 letter. The rate for the prior year was
$14.18 per home. The proposed rate is $14.83 with the $.76 additional fee being for
disposal. The homeowners will continue to be Charged $17.90 per month.
97-21
A motion was made by Council Member Cole, seconded by Council
Member Brown, and carried unanimously to approve the agreement for a
one-year extension of the solid waste collection agreement with South
Lake Refuse for $14.83 per home.
Bid Award
City Manager Saunders referred to the bid tabulation sheet and stated Paquette Paving
was the low bid for the Central Business District storm water project, parking
additions, and 5th Street cul-de-sac and he recommended approval of Paquette Paving
for the base bid and all alternatives. Our current year's budget for the base bid
Central Business District storm water project is $360,000 with the bid being
$182,442.40. The original estimate for this job was based on very preliminary
information approximately two years ago and we are happy to be able to construct the
project at much less than anticipated. The City was awarded a grant from the Lake
County Water Authority for 75% of the cost of the project up to a total of $215,000.
With the proposed bid, the Water Authority would provide $136,831.80 and the City
would provide $45,610.60 from the storm water fund. We have an appropriation of
storm water funds of up to $145,000 in this year's budget for this project. The low
base bid which is for the Central Business District storm water system is $182,442.40
from Paquette Paving. Alternate bid #1 is for the 5th Street cul-de-sac and is
$21,450.55. This cul-de-sac provides for access to the existing grass parking and
future parking improvement for the Waterfront Park both east and west of 5th Street,
as well as a turn-around for traffic that may travel to the north end of 5th Street.
Alternate 2 is for the Central Business District parking which will provide 19 angle
spaces on the north side of Osceola Street between 7th Street and 8th Street.
Paquette's bid for this alternate was $30,124.25. Alternate 3 is for Central Business
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District parking which will provide 29 angle parking spaces on the north side of
Minneola Avenue between 7th Street and 8th Street. Alternate 1 is a part of the plan
for Phase 2 of the Waterfront Park for which we have already received a $100,000
grant from the Department of Environmental Protection. During the budget sessions
we elected to postpone construction of this phase until the next fiscal year when
additional infrastructure and recreational monies would be available for the City's
matching share. The 5th Street cul-de-sac was included in these plans prior to that
decision being made. Therefore, the dollars for this portion of the project are not
included in this year's proposed budget, however, due to the fact that we have
received an excellent bid for this work, we would request the Council to appropriate
the $21,450.55 for this project. He recommended approval of the base bid and
alternates 1, 2, and 3 from Paquette Paving for a total project cost of $363,070.65.
Council Member Wolfe stated he did not receive plans and drawings of the project.
He asked that the Council delay awarding the bid in order for him and Council
Member Brown to review the project. City Manager Saunders stated that the project
could be reviewed at the next Workshop.
97-216
A motion was made by Council Member Cole, seconded by Council
Member Wolfe, and carried unanimously to table the award of the bid
award of the Central Business District storm water project, parking
additions and 5th Street cul-de-sac.
Utility Extension
City Manager Saunders stated that included in this year's budget is $65,000 for storm
water improvements in the Center Lane and Waterview area. A portion of this project
is to rebuild the storm water inlet at the southwest coruer of this subdivision at
Waterview Drive along with a new storm water pipe that will carry the water into the
retention area between the subdivision and the mini-warehouses now under
construction. Boykin Construction is currently working on the mini warehouse site
and we have received a quote of $17,250 from them to construct these improvements.
Our Public Service Director and our Consulting Engineer have reviewed the price and
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recommend approval. We are also required to provide a sewer line to this site which
would be installed parallel to the storm line in the same easement that leads from
water retention area and the adjacent mini warehouses over to Waterview Drive.
Boykin Construction quoted $3,375 for this work which has also been reviewed and
recommended for approval. Our purchasing policy provides for bidding projects over
$5,000, however, it does give the City Council the authority to vary from this policy.
We believe that since the contractor is already doing similar work adjacent to this area
and we have received a good price for this work, with no mobilization costs included.
The price, along with the need to construct the sewer line as soon as possible to
provide service to the mini warehouses, is justification for the City Council to approve
this project without going through the bidding process. He requested approval of the
proposal with Boykin Construction for a total of $20,625.
Council Member Wolfe asked if the Engineer had given an estimate and City Manager
Saunders stated he had not. Mayor Pool asked what the time frame is if the project is
bid. City Manager Saunders stated bidding would take approximately 60 days.
97-217
A motion was made bY Council Member Cole, seconded by Council
Member Norquist, and carried four to one with Council Member Wolfe
voting nay_ to approve the quote to Boykin Construction to rebuild storm
water inlets and install additional storm water pipe at Waterview Drive
for $! 7, 250 and $3,375 for installing sewer line to the mini warehouse
site on Waterview Drive.
Vision Care, Inc.
Finance Director Van Zile stated that the City currently has an agreement with Vision
Care, Inc. for a optional vision insurance plan for our City employees. We are
requesting Council's approval to renew our contract for an additional 12 month period
at the current rate. This is an optional plan provided to our employees and is funded
entirely by the employee if they desire to take advantage of the plan. He
recommended approval of the contract.
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97-218
A motion was made by Council Member Cole, seconded by Council
Member Brown, and carried unanimously to renew the contract with
Vision Care, Inc. for vision insurance .for one year.
Equipment Purchase - Effluent Sampler
City Manager Saunders stated that one of our requirements by the Department of
Environmental Protection for our East Waste Water treatment facility is to install an
effluent composite sampler. The required sampler can be purchased direct from the
factory for a total of $4,995 and recommended purchase at this time. Three quotes
for installation have been received and he requested approval of $1,875 which is the
low quote for installation from AMJ Equipment. The other two quotes for installation
were from Water Treatment Co. for $5,794.04 and Utility Technicians for $4,005.
97-219
After discussion, a motion was made by Council Member Cole, seconded
by Council Member Norquist, and carried unanimously to approve the
factor, direct purchase of the effluent composite sampler in the amount of
$4,995 and installation_from AMJ Equipment in the amount of $1,875 for
the East Waste Water treatment facili~. .
AUDIENCE COMMENTS
Richard Langley suggested the Council Meeting should be held in an adequate facility
such as Jenkins Auditorium. Mayor Pool stated that most meetings are attended by
only a few people.
Steve Sette asked about the sidewalk variance addressed earlier and City Manager
Saunders mentioned that the Edgewood Lake variance was similar. He asked if it was
the setback or the slope. City Manager Saunders stated the variance was for the
setback of the home from the sidewalk. He also asked that the Code be reviewed for
cul-de-sac requirements, etc. He also asked about the ISO rating and what the rating
is for Kings Ridge. City Manager Saunders stated the main part of town is a 5 and
for the Kings Ridge area it is a 9 because of the location being more than 5 miles
from the fire station. This has been discussed with them and they are proposing to set
aside a site for a substation and probably also build a building for it. This will be
coming before the Council within the next 60 days. Their DRI has been approved
through the Regional Planning Council and should be coming before the Council either
in November or December and the public safety facility will be addressed in their
Conditional Use Permit. He asked what company performed the ISO inspection. City
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Manager Saunders stated that this information is probably listed in correspondence he
has in his office and he could provide the information to Mr. Sette.
Joe Janusiak stated he will be displaying flags in Downtown Clermont for the
Triathlon. Mayor Pool thanked him for his efforts.
Council Member Wolfe asked if they could pass a resolution that the Council would
not participate nor encourage the construction of a marina on this chain of lakes. The
Save Our Lakes Committee has asked for this resolution and it has not been done.
City Manager Saunders stated the item could be put on the agenda in two weeks. He
will check if Jenkins Auditorium is available.
Council Member Wolfe stated the October 1, 1997 Workshop mentioned a grant for
boat ramp projects. The minutes stated there was no opposition to applying for these
funds. He asked if this was a vote. City Manager Saunders stated it was not a vote
and that the grant had not been applied for at this time.
Council Member Wolfe asked for a full discussion of the Waterfront Park including
the boat ramp. He felt there were better uses for the Dole property and there was no
access for the property at this time and money could be better used somewhere else.
He stated we don't have a permit to build a boat ramp and a grant to build one is
being discussed. Mayor Pool stated that a Workshop session, which is a public
meeting, can be used to bring him up to speed.
Council Member Wolfe stated he wanted a committee formed consisting of.himself
and Council Member Brown and City Manager Saunders to negotiate with Lake
County to try to acquire Lake County Schools property at the corner of Bloxam and
DeSoto Street. Council Member Cole stated he has tried for the last five years to do
something with the property and the School District has shut them off. Mayor Pool
explained that the property has been maintained by the City with the exception of a
few months. City Manager Saunders suggested that he be directed to contact the
Superintendent and get his suggestions and possibly set up a joint workshop with
School Board Members and the Council. Council Member Brown asked about talking
with community people about the property and was encouraged to do so.
An audience member asked about the new Florida Power tower on Highland Avenue
and if there had been a workshop or an impact study before the Council granted the
variance for the 200' tower was built. He asked if the FAA had been informed
because there is no light on it. Mayor Pool stated the tower does not exceed the
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height limit. He also asked about the guy lines in Mil[holland Street. City Manager
Saunders stated that the street is not an open street, and if it does open, Florida Power
will need to remove the guy lines. No impact study has been made. Mayor Pool
stated that a moratorium has been passed against any other towers.
Richard Langley stated he had been the School Board attorney for several years and
that a joint venture regarding the park property was a good possibility. He didn't
think it was a good idea to spent tax dollars to buy the park, just use it. City
Manager Saunders stated that Council Member Wolfe is requesting that abOut twice
the present park property be developed.
Jim Grant asked if Mrs. Freeman's drainage problem on West DeSoto Street had been
resolved. City Manager Saunders stated that the project was approved in the budget
and that bids are being obtained on that project. Mrs. Mattie Odom Jones' street was
recently paved just short of her property. He asked for inspection of the project. He
also asked what had been done for Dr. Wright. Dr. Wright stated the issue will be
discussed at the next October 22 workshop.
There being no further business or discussion, the meeting adjourned at 9:32 p.m.
Robert A. Pool, Mayor
Attest:
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