05-11-1999 Regular Meeting CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
MAY 11, 1999
A regular meeting of the City Council of the City of Clermont was held Tuesday, May
11, 1999 at Jenkins Auditorium. The meeting was called to order at 7:30 p.m. by Mayor
Turville with the following Council Members present: Council Member Biddle, Council
Member Brown, Council Member Lamb and Council Member Wolfe. Other City
officials present were City Manager Saunders, City Attorney Baird, Finance Director
Van Zile, Principal Planner Brown, and Deputy City Clerk Whitlock.
INVOCATION
The Invocation was offered by CourtS, il Member Brown followed by the repeating of the
Pledge of Allegiance to the Flag by all present.
MINUTES
~4 motion was made bY Council Member Wolfe and seconded by Council
Member Biddle, and carried unffnimous!¥ to approve the minutes of the
regular Council Meeting he/ld~lori127, 1999.
CITY MANAGER SAUNDERS' REPORT
Workshop
City Manager Saunders stated that he would like to schedule a Council Members
Workshop regarding the following items: Review of the new fire station plans and
approval to go to the next step (detail plans); review of the City Attorney situation. The
workshop is scheduled for May 24, 1999, at 6:00 p.m. in the Police Department
Community room. Also, the next Pension Board meeting is May 25, 1999, at 6:45 P.m.,
prior to the next regular Council meeting.
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City Manager Saunders further stated that on May 10, 1999, he made a presentation
before the Lake County Parks and Recreation Committee and the Committee has
recommended to the Board of Commissioners that the City of Clermont receive
$150,000.00 for Hancock Park.
City Manager Saunders then sadly reported that this was Deputy City Clerk, Ann
Whitlock's last night with the City Council and Friday, May 14, 1999, will be Ann's last
day with the City. Ann has been a major part of City Hall and our community, and will
be missed. Patricia Maddox will fill Ann's position in the interim until the City has the
opportunity to advertise the position.
MAYOR TURVILLE'S REPORT
Mayor Turville requested that City Manager Saunders try to schedule a joint workshop
with the Planning and Zoning Department within the next month, as they have had
several issues come forward that they would like to discuss jointly with the Council.
Mayor Turville also requested that all of the items put on the workshop agenda be
accompanied by reference and/or copies from the LDR of the comprehensive plans, as
well as a cover letter from the Planning Department as to how it relates to our problems.
Council Member Wolfe stated that it would be a good idea to let people from the
construction and development community, or all of those who have an occupational
license with the City of Clermont, come to the meeting or a preliminary meeting, with
Planning and Zoning and have input into what development regulations they would like
to see strengthened or eased or those areas of our LDRs which are good, bad or need to
be changed.
Mayor Turville suggested that the workshop allow input based on staff and Planning and
Zoning's concerns and when there is a consensus on what the resolves are, then invite
comments from the construction and development community. Member Lamb stated that
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the construction and development community really needed to give input and become
involved when the LDR is setting the new regulations and making changes.
COUNCIL MEMBER BROWN'S REPORT
Council Member Brown inquired whether the City of Clermont owns any water craft that
patrol the lakes for safety on our community lakes. City Manager Saunders explained
that the Sheriff's Department has a marine patrol and the City has a pontoon boat and a
Polaras personal water craft that the City put into operation last summer, and on
weekends. Our Fire Department also has the ability to respond to emergencies and has
an excellent dive team.
COUNCIL MEMBER BIDDLE'S REPORT
Council Member Biddle reported that the Library Board expressed their thanks to our
Fire Department for their 3 minute response to the fire at the library on March 17, 1999.
Also, on April 18, 1999, the library and Chamber of Commerce were broken into and the
Clermont Police Department responded immediately, called the Maintenance Department
and on a Sunday night, boarded up the buildings and cleaned up the glass. The Library
Board would also like to express their appreciation to the Police Department and City
Maintenance Department for their consideration and assistance. In light of the break-in
the Library Board requests that the City provide lighting for the east and west sides of
the library to light up the passages. City Manager Saunders stated that the City can
probably provide this lighting with the existing budget and he would look into it right
away.
Council Member Biddle reported that as requested by Mayor Turville at the last Council
meeting, City Manager Saunders sent a letter to Planning and Zoning member, Matt
Modica, requesting that he confirm his current residency. Mr. Modica responded that
he is temporarily residing at 1275 West Lake Shore Drive. Council Member Biddle
stated that he had abundant information that Mr. Modica is living on County Road 55 l-
A. Council Member Wolfe responded stating that if this inquiry was about complying
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with the City's rules and regulations then this should be addressed. If however, it is a
personality conflict with a member of the Council and Mr. Modica, then this is not
appropriate. Council Member Wolfe then stated the home where Mr. Modica was
renting an apartment had been sold and he had to vacate the premises. Mr. Modica is
staying with Council Member Wolfe temporarily, until the end of May, when the
apartment he is looking at is available. Council Member Biddle denied the implication
of a personality conflict and stated that both Mr. Dick Langley and Randy Langley's
father-in-law both insist that Mr. Modica has a lease with Randy Langley at 11102
County Road 551.
Council Member Wolfe stated that Mr. Modica says he is living at the 1275 West Lake
Shore Drive address, he has clothes there, he sleeps there sometimes when he wants to,
and suggested we request our City Attorney advise as to what constitutes legal residency
to see if there is an issue.
Mayor Turville suggested that if Mr. Modica is going to have his own specific mailing
address by the end of the month, that may solve the problem. If it is still an issue, we can
take this up again next month.
Council Member Lamb suggested that all Planning and Zoning members be required to
sign an Affidavit of Residency.
City Attorney Baird stated the rule is that Planning and Zoning members must be a
permanent resident of the City of Clermont. Attorney Baird stated that Mr. Wolfe lives
in a single family home and if there is no family relationship between he and Mr. Modica
that may be a problem. Attorney Baird stated that Mayor Turville's suggestion to take
this up again next month was a good one.
Council Member Brown said at one time the City Charter stated that all Council
Members, the Mayor, the Manager and P & Z all live within the city limits in order to
qualify and stated an exception was made when we allowed our City Manager to live
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outside the City. Council Member Biddle stated that the rule was changed; there was no
exception to it.
VISITORS WITH BUSINESS
CFT Sports/USA Triathlon
City Manager Saunders stated that CFT Sports, on behalf of Orlando Regional
Healthcare is requesting use of the Waterfront Park on June 5, 1999, for the USA
Triathlon World Championship Qualifier. This is the same event that was held last June
at the Waterfront Park.
lOC)
A motion was made bY Council Member Wolfe, seconded bY Council
Member Biddle, and carried unanimous!¥ to approve use Of the Waterfront
Park for the USA Triathlon Worm Championship Qualifier on June 5,
1999, and approve the $250. OO parking fee.
NEW BUSINESS
Resolution 1062
This Resolution will adopt the new fees charged for the summer recreation program.
Amy Lesner, our recreation coordinator, reviewed these fees with the council at the last
workshop.
A motion was made bp Council Member Biddle, seconded bp Council
Member Brown, and carried unanimous!¥ to approve the new fees charged
for the summer recreation program.
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Resolution 1063
This Resolution will amend the City's Personnel Policy regarding firefighters as
previously discussed with the council. Attached to the Resolution is Mr. Van Zile's
Memorandum outlining the three changes, which address physical ability testing and
medical clearance for firefighters. The staff recommends approval of the request.
Don Ballard asked if drag testing was included in the physicals and Mayor Turville
stated that drag testing was done.
Council Member Wolf asked if the same physicals were done for the policemen. City
Manager Saunders explained that the physical ability tests are for firemen since they are
put under such strenuous physical situations. Chief Bishop stated most fire departments
put their firemen through these physicals. City Attorney Baird stated that police officers
have their own certification, seminars and training sessions that they must attend on a
routine basis that include physical training under their own guidelines. City Manager
Saunders added that police officers as well as all City employees must have an annual
physical examination as well as drug testing.
A motion was made bY Council Member Wolfe, seconded bY
Council Member Lamb, and carried unanimously to approve
the amendment o£the City's Personnel Policy as presented
and adopt Resolution 1063.
Ordinance 293-C
Mayor Turville read Ordinance 293-C. City Manager Saunders stated that this
Ordinance is for introduction only and will amend all of the City's impact fees. This
Ordinance is a result of the study compiled by Hartman & Associates which was
reviewed with the Council at a previous workshop. The Ordinance reflects the changes
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as discussed with the Council, who recommended that the effective date of the
Ordinance be September 1, 1999. There is a copy of the complete listing available at City
Hall if anyone is interested. The Hearing date will be at the May 25, 1999, Council
meeting.
A motion was made by M~_or Turville, moved b? Council
Member Biddle and seconded by Council Member Brown to
introduce Ordinance 293-C.
Introduction of Ordinance 380-M
Mayor Turville read Ordinance 380-M. City Manager Saunders stated this Ordinance is
for introduction only and will rezone approximately six acres located East of Hancock
Road approximately 1100 feet North of Highway 50. This is the triangular parcel that
the City Council previously approved as a small scale comprehensive plan amendment to
allow it to be combined with the larger commercial parcel located at this corner. The
Hearing date will be at the next Council meeting, May 25, 1999.
motion was made bp Council Member Biddle and seconded
by Council Member Biddle to introduce Ordinance 380-C.
Bid Award-Impact Printer
Finance Director, Van Zile recommended replacing the existing 13 year old primer and
purchase a new primer for City Hall. It is within the budget and in fact, the City will be
saving approximately $12,000.00. Several bids were received and recommendation is
for purchase from the low bidder, Southern Computer Supplies, in the amount of
$6,056.84.
,4 motion was made b? Council Member Wolfe, seconded by
Council Member Biddle, and carried unanimously to accept
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the bM_from Southern Computer Supplies, in the amount of
$6,056.84, including the annual maintenance fee.
Bid Award-Demolition-358 Chestnut Street
City Manager Saunders stated that the Code Enforcement Board has issued an Order of
Demolition for a house located at 358 Chestnut Street, Clermont, Florida, owned by Lake
Development and Investment, Inc. Three bids were received and the low bidder was
Central Environmental Services, Inc. in the amount of $1,375.00. We recommend
approval of the low bidder, Central Environmental Services, Inc.
Council Member Brown asked if the owner of the building had been notified and City
Attorney Baird verified that the owner had been notified and had not responded to any of
the notices sent. Council Member Brown asked how the City would recover the costs of
the demolition and City Manager Saunders explained that a lien would be placed on the
property for the City's costs involved.
.4 motion was made bP Council Member Wolfe, seconded bP
Council Member Brown, and carried unanimously to award
the bid to the low bidder, Central Environmental Services,
Inc. _for the demolition Of the building located at 358
Chestnut Street.
Bid Award-Chlorine Contact Chamber
City Manager Saunders stated that we received three bids for the construction of the
chlorine contact chamber at the West Sewage Treatment Plant, to comply with DEP's
requirements. We recommend approval of the low bidder, Mack Concrete in the amount
of $50,109. We have budgeted a total of $53,415.00 in this year's budget for this
project.
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A motion was made by Council Member Biddle, seconded
Council Member Brown, and carried unanimousl_¥ to cmard
the bid to the low bidder, Mack Concrete in the amount of
$.50,109.00.
AUDIENCE COMMENTS
CUP for Lake Christian Fellowship
Jerry Gill stated he had approached the City regarding a CUP for the use of the Citrus
Tower Complex for Lake Christian Fellowship Church.
Mayor Turville immediately questioned the Council's ability to hear from Mr. Gill at this
time. City Manager Saunders confirmed that this has been submitted to the City and
scheduled for the June Planning and Zoning meeting. Mayor Turville explained to Mr.
Gill that the Council is required to pursue a Quasi Judicial Hearing in circumstances
relating to these issues in to prevent the Council from being influenced prior to a public
hearing. This public hearing must be advertised in order that all persons interested may
be present and not disadvantaged.
City Attorney Baird reiterated that several court decisions have said this process is in the
judicial nature for the City Council rather than the legislative nature. Therefore, being
judicial in nature, the Council cannot hear testimony relating to these types of issues
without the other side having an opportunity to cross examine.
Mr. Gill asked the City Attorney if it was possible to have temporary use of the building
while waiting to go through the process. City Attorney Baird explained there were no
rules or regulations in place to allow that.
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There being no further business or discussion, the meeting adjourned at 8:30 p.m.
Harold S. Turville, Jr. Mayor
Attest: