01-28-1997 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
A regular meeting of the City Council of the City of Clermont was held Tuesday,
January 28, 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, Council Member Norquist
and Council Member Cole. Other City officials present were City Manager Saunders,
Finance Director Van Zile, Planning Director Harker and Deputy City Clerk
Whitlock.
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 January 14, 1997 were approved as
presented.
CITY MANAGER SAUNDERS' REPORT
Workshop
Council Members agreed to hold a Workshop on Tuesday, February 4 at 6:00 p.m. at
City Hall.
COUNCIL MEMBER DUPEE'S REPORT
Council Member Dupee reported that the annual banquet for the South Lake Chamber
of Commerce is Friday, January 31 at 6:30 p.m. at the Ramada Inn with 275 tickets
sold.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 2
VISITORS WITH BUSINESS
South Orlando Rowing Association Annual Regatta
City Manager Saunders stated that the South Orlando Rowing Association is
requesting to hold their annual regatta at the Waterfront Park on April 5. The event
has been held here several times in the past and has proven to be a good event for the
area and has not created any significant problems.
97-016
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to approve the South Orlando
Rowing Association Annual Regatta at the Waterfront Park on April 5.
Cooper Memorial Library - Request to Serve Wine at Jenkins Auditorium
City Manager Saunders stated that the Library Board is requesting permission to serve
wine at a dinner to be held for their volunteers at Jenkins Auditorium on February 26
and a Monopoly event to be held March 14. He stated they have held similar events
in the past and he recommended approval for the Library events this year.
97-017
A motion was made by Council Member Cole, seconded by Council
Member Dupee, and carried unanimously to allow Cooper Memorial
Libra~. to serve wine at Jenkins Auditorium on February_ 26for a
volunteer dinner and on March 14for a Monopoly event.
Cooper Memorial Library - Request to Waive Jenkins Auditorium Fees
City Manager Saunders stated that the Library Board also request to waive the fees for
Jenkins Auditorium for the February 26 and on March 14 events.
97-0~8
A motion was made by Council Member Sargent, seconded by Council
Member Norquist, and carried unanimously to waive the fees for Jenkins
Auditorium for Cooper Memorial Libra~_ for February 26 and March 14.
CITY OF CLERMONT
MI~S
REGULAR COUNCIL MEETING
JANUARY 28, 1997
P~e 3
Homer Kenyon - Resolution No. 937
City Manager Saunders stated that the applicant is requesting to amend his original
Planned Unit Development for the Edgewood Lake Subdivision to allow multi-family
development on Lots 28, 29, 30, 31 and 32. The applicant's request will allow the
construction of four quadruplexes along the west side.'of Bloxam between Division
Street and Brooke Court. The request is based on the hardship of the severe elevation
differences that occur between the right-of-way and the rear lot lines. The original
Conditional Use Permit was for a Planned Unit Development that included
commercial, multi-family, and residential. 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:
Don Harris
Christine Sette
Tina Holland
Herb Smith
612 E. Grand Highway, Clermont
618 Brooke Court, Clermont
606 Brooke Court, Clermont
223 Bloxam Avenue, Clermont
Herb Smith stated he is a contractor and developer and owns the town homes across
from the proposed development on Bloxam Avenue. The design of the proposed
quadruplexes will be similar to the town homes across the street. A retention area and
swamp will be behind them. The property is at the bottom of a hill on Bloxam
Avenue between Division Street and Brooke Court. The four quadruplexes will have
two units on the lower level and two units on the upper level. No traffic will
exit/enter Bloxam Avenue. A central parking area will be behind the complex with
access from Division Street and Brooke Court.
Don Harris stated he and his wife were one of the first to build a home in the
subdivision. There are about five homes valued about $100,000 each and another 10
homes valued at about $80,000. There currently are no two-bedroom homes or
apartments without garages. If the proposed quadruplexes are approved, the
subdivision will increase by 11 families over what was originally approved. The
proposed quadruplexes are not compatible with the neighborhood and will decrease the
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 4
property values in the area. The lots will need to have fill brought in, whatever is
built on them. The lots should be able to have driveways with turn-arounds similar to
what was required when they built on Grand Highway. City Attorney Baird asked
Mr. Harris if he had any evidence that the requested Conditional Use Permit meets or
does not meet the Comprehensive Plan or zoning. Mr. Harris did not have any
evidence.
Tina Holland stated she owns the home on the third lot down from the proposed
complex on Brooke Court (lot 15). The driveway on Brooke Court into the complex
would be coming out right in front of their home. They really enjoy their view now,
but if the complex were built, their view would be the parking lot and the back of the
multi-family complex. They chose their home because it was located on a quiet cul-
de-sac, however, traffic in and out of the proposed complex will make the area
dangerous for children. She stated it will also reduce property values in the area.
Herb Smith stated that the original plan was for traffic to use only Division Street,
however, the City required two entrances. City Manager Saunders stated that the area
on Division Street is two narrow for two entrances/exits and a complex of this size
needs two entrances/exits.
Christine Sette stated she disagreed with approving the proposed quadruplexes. They
want single-family homes to be located on the lots, not apartments. She stated there
was already a problem with cars parking on Bloxam Avenue.
Council Member Norquist asked if Division Street will have an entrance onto U.S. 27
in the future. City Manager Saunders stated that Division Street may connect with a
right-in/right-out only in the future. Council Member Norquist suggested that
detached garages may help to buffer the back of the complex. City Manager Saunders
pointed out that when homes are built on Lots 25, 26 and 27, the parking lot of the
complex will not be visible. Mayor Pool closed the public hearing.
City Manager Saunders stated the Comprehensive Plan allows multi-family
development under a Conditional Use Permit. The City Council can place certain
conditions to assure there are no adverse affects on the neighborhood by limiting the
number of units or requiring more buffer areas.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 5
97-019
A motion was made by Council Member Sargent to table Resolution No.
937 until the Februa~_ 25, 1997 meeting. The motion died for lack of a
second.
97-020
After_further discussion, a motion was made by Council Member Sargent,
seconded by Council Member Cole, and carried unanimously to table
Resolution No, 937 until the Februa~_ 25, 1997 Council Meeting.
A & S Automotive - Resolution No. 938
City Manager Saunders stated that the applicant is requesting that this request for a
Conditional Use Permit be tabled until the February 11 Council Meeting.
97-021
A motion was made by Council Member Norquist, seconded by Council
Member Dupee, and carried unanimously to table the A & S Automotive,
Resolution No. 938 until Februa~_ 11, 1997.
UNFINISHED BUSINESS
Ken Norquist - Resolution No. 927
City Manager Saunders stated that Mr. Norquist has indicated that his engineer is
revising the final site plan it is not available to tonight's meeting. Therefore, he
requested tabling the matter until the February 11 meeting.
97-022
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously, with Council Member
Norquist abstaining, to table Resolution No. 927 to the Februa~_ 11,
1997 regular Council Meeting.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 6
NEW BUSINESS
Compost Site Agreement - City of Mascotte
City Manager Saunders stated that for several years the City has had an agreement
with the City of Mascotte for the use of their compost site. He recommended a
renewal of the agreement for an additional one year period. The terms of the
agreement are the same as the past year which allows the City to deliver yard trash to
the site for a lump-sum annual fee of $10,000.
97-023
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to approve the compost
agreement with the Ci~_ of Mascotte for February, 1997 to February,
1998for $10,000.
Purchasing Policy
City Manager Saunders stated that two years ago the City accepted the Ellis K. Phelps
Co. as the sole-source provider for pumps, controls, and miscellaneous equipment for
utility replacement and improvements. He recommended approval of a price
adjustment list for 1997 which is approximately a 3.5% increase. It is very beneficial
to our Utility Department to have standard pumps and equipment which helps with
replacement and repair.
97-024
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to continue with Ellis K.
Phelps as sole-source provider and approve their price list for 1997.
Change Order - Lem Bryant Land Clearing
City Manager Saunders requested approval of Change Order/gl for Lem Bryant Land
Clearing in the amount of $8,356.50. This is for additional road repair and right-of-
way repair along Hancock Road and Johns Lake Road that was required to complete
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 7
County requirements in association with the project that we contracted Marlon Dunn
Co. to perform. Marlon Dunn Co. is undergoing bankruptcy proceedings and these
amounts will be deducted from the final amounts still owing to Marlon Dunn Co.
97-025
A motion was made by Council Member Dupee, seconded by Council
Member Sargent, and carried unanimously to approve Change Order No.
1 to Lem B~_ant Land Clearing for repair work along Hancock Road and
Johns Lake Road in the amount of $8,356.50.
Florida Regional Emergency Medical Services - Memorandum of Understanding
City Manager Saunders stated that the Florida Regional Emergency Medical Services
is requesting that we enter into a memorandum of understanding which outlines our
Fire Department's responsibilities when responding to emergency scenes. Fire Chief
Bishop has reviewed the agreement and recommends approval.
97-026
A motion was made by Council Member Cole, seconded by Council
Member Sargent, and carried unanimously to approve the memorandum
of understanding with Florida Regional Emergency_ Medical Services.
Florida Regional Emergency Medical Services - Mutual Aid Extrication
City Manager Saunders stated the mutual aid extrication agreement with the Florida
Regional Emergency Medical Services provides for a payment of $200 to the City for
each extrication service provided by our Fire Department. The agreement also
outlines responsibilities at the scene. Fire Chief Bishop has reviewed the agreement
and recommends approval.
97-027
A motion was made by Council Member Sargent, seconded by Council
Member Dupee, and carried unanimously to approve the mutual aid
extrication agreement with Florida Regional Emergenq Medical
Services.
CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 8
City of Montverde - Mutual Aid Agreement
City Manager Saunders stated the proposed Mutual Aid Agreement is between the
City of Montverde and the City of Clermont for fire assistance. He stated it was a
standard mutual aid agreement. Fire Chief Bishop has reviewed this agreement and
recommends approval.
97-028
A motion was made by Council Member Sargent, seconded by Council
Member Cole, and carried unanimously to approve the Mutual Aid
Agreement with the Ci~_ of Montverde.
Volunteer Fire Department - Building Improvements
City Manager Saunders stated that the Council previously approved the use of the
building on 8th and DeSoto Street by the Fire Department. At the last Council
workshop, the proposed improvements for the building were reviewed by Fire Chief
Bishop which include electrical and plumbing upgrades, minor interior renovations,
and office furniture. A budget amendment of $7,500 is needed for the improvements.
The building will contain administrative offices, a training room, equipment storage
room, and a single-bay for the squad truck.
97-029
A motion was made by Council Member Dupee, seconded by Council
Member Cole, and carried unanimously to approve a budget amendment
of $7,500 for the improvements to the buiMing on &h Street and DeSoto
Street to be used by the Fire Department.
Volunteer Fire Department - Fire Chief Pay
City Manager Saunders stated that he is recommending a pay adjustment for Fire
Chief Bishop who is currently paid a flat monthly fee of $400. Chief Bishop spends
many hours each week processing Fire Department administrative needs plus attending
training sessions and answering fire calls. The flat fee that is now being paid to Chief
Bishop adequately covers the administrative duties that he performs as Fire Chief,
CIIT OF CLERMONT
REGULAR COUNCIL MEETING
JANUARY 28, 1997
Page 9
however, he should be paid additionally per fire call at the same rate a Fire Captain
receives for the fire calls he answers. He recommended the pay adjustment take effect
as of February 1.
97-030
A motion was made by_ Council Member Cole. seconded by_ Council
Member &lrgem. and carried unanimously to increase the Fire Chief pay
to pay_ additionally for each fire call at the Fire Captain rate of pay to
become e_ffective Februam_ 1. 1997.
AUDIENCE COMMENTS
Mr. Herda addressed the Council and stated he lives next to the Florida Power
substation located on Hampton and Highland Streets. Florida Power was granted a
variance to install a 150' telecommunications tower on December 10, however, he
was unable to attend the meeting because he was out of state. His neighbor, Mrs.
Skinner is elderly and unable to attend a meeting, but she is also against granting a
variance for a taller communications tower to Florida Power. He asked the Council to
consider restricting these telecommunications towers and asked how many users will
be using this tower. He stated that Orange County recently restricted the towers to
200' away from any homes.
There being no further business or discussion, the meeting adjourned at 8:55 p.m.
Attest:
~lerk
FORM 813 MIF. ORANDUM* OF VOTli CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOG' L PUBLIC OFFICERS
LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE
Norquist, Ken , Clermont City Council Member
ADDRESS
CITY
I
DATE ,~ WHICH VOTE (X.'CURRED
COUNTY
THE BOARD. COUNCIL. COMMISSION, AUTHORITY. OR COMMITTEE ON
H I .SERVE IS A UNIT OF:
Y :. ' COUNTY J ! OTHER LOCAL AGENCY
NAME OF POLII:ICAL SUBDIVISION:
MY POSITION IS:
: '. ELECTIVE . APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of governmem on an appointed or elected board,
council, commission, authority, or committc~. It applies equally to members of advisory and non-advisory bodies who are presenled
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3t43, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; attd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
· A copy of the form should be provided immediately to the other members of the agency.
· The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
IF YO.U MAKE NO A'ITEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETINg.'.
· You'should disclose orally the nature of your conflict in the measure before participating.
· You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
(a) A measure came or will come before my agency which' (check one)
V~inured to my special private gain; or
inured to the special gain of
, by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
Date File
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
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