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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. Page 2 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 Page 3 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 Page 4 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 Page 5 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. Page 6 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 Page 7 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 Page 8 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. Page 9 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. Page 10 There being no further business or discussion, the meeting adjourned at 8:30 p.m. Harold S. Turville, Jr. Mayor Attest: