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12-11-1984 Regular Meeting -----..r- . . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 The Regular Meeting of the City Council of the City of Clermont was held Tuesday, December 11, 1984 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members in attendance: Council Member Huff, Council Member Henry, Council Member Turville, and Council Member Cole. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Bob Hanford followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Council Meeting held November 27, 1984 were approved as presented. OATH OF OFFICE ADMINISTERED The new Council Members were sworn in by Finance Director Wayne Saunders. The Oath of Office was administered to the following Council Members elect: Office of Mayor, Group III Council Member, Group I Council Member, Group V Robert A. Pool Richard Huff Lester Cole Congratulations were given, and the Council Members took their seats. REPORTS CITY MANAGER'S REPORT MAYOR'S CUP REGATTA It was reported that the annual Mayor's Cup Regatta would be held on either March 23 or 30, 1985. ORGANIZATIONAL MEETING It was reported that the first Council Meeting in January would be the Organizational Meeting at which time appointments would be made to the City's Board and Commissions. Mr. Forbes stated that if there were no Council objections, he would place an advertisement in the newspaper asking intereseted citizens to apply for any vacant seats on the board and commissions. There were no objections. Council Members were also asked to be thinking about nominees for these positions. CITY ATTORNEY'S REPORT SPRAYFIELD City Attorney Baird asked for Council approval to obtain appraisals on a new piece of property for the sprayfield expansion as negotiations on the present property were at a standstill. ~4-203 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARIED TO APPROVE OBTAINING APPRAISALS ON ANOTHER PIECE OF PROPERTY FOR THE SPRAYFIELD EXPANSION. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -2- COUNCIL MEMBER HUFF'S REPORT Council Member Huff thanked the Council for changing the starting time of the last Council Meeting so he could attend another meeting. MAYOR POOL'S REPORT LIBRARY OPEN HOUSE Mayor Pool reminded everyone present to attend the Open House for the new library addition on Sunday, December 16, 1984 from 2:00 to 4:00 p.m. DOWNTOWN PARKING PROBLEM Mayor Pool stated that there had been complaints of a downtown merchant abusing the on-street parking privilege in front of his own and another place of business. Council Member Huff stated that the City should request that the merchants park in the rear of their stores leaving the on-street spaces open for customers. Some discussion ensued and it was pointed out that off-street parking was provided for tennants living above downtown stores. City Manager Forbes stated that the Chamber of Commerce might be able to convince the downtown merchants to agree to park behind the stores. He also stated that one hour parking signs might become necessary. After some discussion on various ways to handle the problem, the City Attorney was directed to write a letter to the offender. VISITORS WITH BUSINESS FRED SOMMER - TRIATHLON REPORT Fred Sommer appeared before Council to request a loan of $1,500 for the Great Clermont Triathlon. Mr. Sommer explained that the Tri- athlon Committee had only been able to raise $275 from various fund raisers and asked for the $1,500 loan which would be paid back with interest early next year. The Race Committee has approached several companies to be sponsors. A letter was given each Council Member which explained a proposed 10 K race which would be held in May and use Minnehaha Avenue as part of the course. City Manager Forbes stated that Mr. Sommer should check with him regarding the traffic on Minnehaha before finalizing the race plans. Mayor Pool asked City Attorney Baird for an opinion on granting the Triathlon Committee a loan, and Mr. Baird stated that the City could give the Race Committee a grant with a stipulation to pay it back, if possible. He further stated that a grant was a better method than a loan, since the City technically does not make loans. Council Member Turville stated that he felt the committee should be concerned with present debts, not future races. He further stated that before he would consider loaning any money, he would like to review the Triathlon's books. Council Member Huff concurred with Mr. Turville. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -3- 84-204 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND CARRIED BY A FOUR TO ONE VOTE WITH COUNCIL MEMBER HENRY VOTING NAY, TO TABLE THE REQUEST FOR A $1,500 LOAN UNTIL AFTER THE TRIATHLON RACE COMMITTEE'S BOOKS ARE REVIEWED. LEASE AGREEMENT FOR PART OF LOWER LEVEL OF CITY HALL Mrs. Stephen (Sally) Lee appeared before Council requesting to lease the two front offices (with kitchen and restroom privileges) of the lower level of City Hall for $176 per month plus utilities. City Manager Forbes stated that the Leasee would be responsible for the renovations necessary to block off a hallway in order to make this type of arrangement work. 84-205 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO ACCEPT MRS. LEE'S OFFER TO LEASE THE TWO FRONT OFFICES (WITH KITCHEN AND RESTROOM PRIVILEGES) FOR $176 PER MONTH PLUS UTILITIES. At this point, Mr. Lee stated that he would like, due to the limited number of parking spaces for the lower level, to have two guaranteed parking spaces made part of the lease agreement; and the Council agreed to this request. Council Member Cole then withdrew his second and Council Member Turville withdrew the previous motion. 84-206 A MOTION WAS THEN MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT MRS. LEE'S OFFER TO RENT THE FRONT TWO OFFICES (WITH KITCHEN AND RESTROOM PRIVILEGES) FOR $176 PER MONTH PLUS UTILITIES AND WITH TWO GUARANTEED PARKING SPACES FOR THE OFFICES. JOHN SARGENT - LAKE APOPKA NATURAL GAS DISTRICT As the City of Clermont's representative on the Board of Directors of the Lake Apopka Natural Gas District, Mr. Sargent presented each Council Member with a copy of the district's year end report. A copy of this report is attached and made part of the permanent record. Mr. Sargent stated that bonding for the district should be covered by September 30, 1986. In spite of an increase of 389 new customers, revenues for the year decreased $419,150, due to a decrease in usage by large citrus and commercial accounts. A district check in the amount of $54,834.29 and franchise and utility payments of $22,849.84 were given to the City during the past year. This reflects an increase of $1,901.37 in franchise and utility pay- ments. In conclusion, Council Members were urged to help the district find leads for new customers for Lake County, thus influencing the rolling formula for equitable distribution of funds between the three participating cities in Clermont's favor. RESOLUTION NO. 487 -BOB WADE, CUP REQUEST FOR MINING & EXCAVATING Mr. Wade appeared before Council to request a Conditional Use Permit ~o allow the mining and excavating of clay from property he owns which 1S zoned R-l-A and is located north of Highway 50 between Jack's Lake and the eastern City Limits. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -4- Mr. Wade stated that they wished to make the property more usable for a developer who is interested in building a twelve million dollar congregate living center there. The property would be regraded to a 1:3 ratio with the work taking approximately six months. Council Member Turville then asked City Manager Forbes to explain what was going on with the property and to bring the Council up to date. It was explained that because Mr. Wade believes he has a potential developer for the property, he considers the request to mine and excavate in order because the work is necessary for the future development. (In November the Council denied a similar request for clay excavation on the same site after the Planning and Zoning Commission had recommended approval). Mr. Forbes continued and explained that at its December 4, 1984 meeting, the P&Z by a 4-2 vote recommended denial of this CUP re- quest because it is basically the same as the previous request and needs a more detailed plan. Mayor Pool stated that he believed that Mr. Wade should be allowed to excavate the property as it is zoned in preparation for future development, and Council Member Cole concurred with him in this matter. Council Member Turville stated that he believed the future development of the property should not be a consideration of the Council. Only the request for excavation and mining in an R-l-A Zone as stated in the Resolution should be the Council's concern. Council Member Huff stated that he was not sure the property was really R-l-A because he believed that in two years it would be commercially developed due to the fact that all surrounding property is Commercial, and no R-l-A property from Twelfth Street to Highway 27 abuts Commercial property on Highway 50. Council Member Turville then stated that, however, the property is zoned R-l-A and mining is not even a conditional use in that zone. He concluded by stating that the problem is deciding what is site work vs. an industrial opertion in a R-l-A zone. He ended by stating that he believed the Council should not even be considering this request. Mayor Pool then called for comments from those present in the audience. Mr. Steve Batchelor reiterated his previous statments concerning his opposition to the request, including the petition with thirteen names of residents living on Grand Highway opposing the mining operation. Mr. Batchelor also questioned the timetable for allowing Mr. Wade to reapply for the same kind of CUP. Mr. Buck Evans, a Member of the Planning and Zoning Commission, stated that he believed that Mr. Wade was making the same request that was previously denied and that the operation is nothing more than a strip mine in a R-l-A zone. He further stated that a PUD was need before any excavation could begin. Ben Blackburn who was present in the audience stated that the P&Z had requested to see conceptual plans to clarify the request, and because there were no plans, they voted to deny it. A set of plans would cost 10% of the total project and this is not a reasonable request. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -5- Bob Ray stated that the area in question was in transition or evolving, and before any decisions are made a plan for the entire property should be before the Council. A piecemeal approach should be avoided. Council Member Turville reitterated his previous statements regarding a mining operation in a R-l-A zone and asked if the same request would be honored in other R-l-A areas of the City. He concluded by stating that he would like to see a PUD application and not allow any mining operation in the City. After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE CONDITIONAL USE PERMIT REQUEST BECAUSE MINING WAS NOT A DESIRABLE USE IN THE AREA. This motion died for lack of a second. A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL MEMBER COLE TO ADOPT RESOLUTION NO. 487 GRANTING MR. WADE A CONDITIONAL USE PERMIT TO DO SITE PREPARATION WORK TO MAKE HIS PROPERTY MORE USABLE. Under discussion, AN AMENDMENT TO THE MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AMEND CONDITION NUMBER SIX TO INCLUDE THAT THE 3:1 SLOPES MUST BE SODDED. Under discussion, AN AMENDMENT TO THE MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO AMEND CONDITION NUMBER TWELVE TO CHANGE THE EXPIRATION OF THE PERMIT FOR EXCAVA- TION WORK FROM TWENTY TO TWELVE MONTHS AFTER THE DATE OF THE CONDITIONAL USE PERMIT. Under discussion, AN AMENDMENT TO THE MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO CHANGE THE SETBACK REQUIREMENTS TO 100' FROM THE WADE PROP- ERTY LINE. This motion died for lack of a second. Under discussion, AN AMENDMENT TO THE MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A THREE TO TWO VOTE WITH COUNCIL MEMBERS HENRY AND TURVILLE VOTING NAY, TO STRIKE THE LAST SENTENCE FROM CONDITION NUMBER FOUR AND USE THE SITE PLAN AS PRESENTED FOR THE SETBACK REQUIREMENTS. Under discussion, Mr. William Carrier asked where the excavation would take place relative to his property on the north and east sides of the Wade property. He was told by Mr. Wade that no excavation would occur on these sides of the property. Mr. Batchelor stated that he would like a 100' buffer before the clay pit begins, and he was told the Walton Subdivision line is the correct property line. Mr. Batchelor also stated that he wanted Mr. Wade to be required to obtain a performance bond before the work could begin. City Attorney Baird stated that if Mr. Wade did not comply with the Conditional Use Permit, an injunction could be obtained from the Circuit Court and he could be brought before the Code Enforcement Board. 84--207 Council Member Huff called for the question, and THE MOTION AS AMENDED CARRIED BY A THREE TO TWO ROLL CALL VOTE WITH COUNCIL MEMBERS HENRY AND TURVILLE VOTING NAY. THE RESOLUTION WAS READ BY TITLE ONLY. THE FOLLOWING AMENDMENTS WERE INCORPORATED INTO THE RESOLUTION: e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -6- 1. In Condition #4 the last sentence will be struck which states "There shall be a one hundred foot setback from the south property line". 2. In Condition #6, Item #3, the following will be added: (3:1 slopes must be sodded). 3. In Condition #12 the second sentence, the expiration date will be changed from 20 to 12 months and now reads: "This permit shall expire twelve (12) months after the date of this CUP". A MOTION WAS MADE BY COUNCIL MEMBER TUVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO RECESS THE MEETING FOR TEN MINUTES. The meeting reconvened at 9:35 p.m. RESOLUTION NO. 489 - TIM VANDERMEER, CUP REQUEST FOR MINING & EXCAVATION Mayor Pool reported that Mr. VanderMeer had requested a CUP to excavate and mine property located at the southeast corner of Highway 50 and Grand Highway. Otto Koppius owns most of the property, however, a small portion is owned by Bob Wade. It is zoned C-2 General Commercial. Mr. Tim VanderMeer appeared before Council and stated that he wished to excavate the property so that it will be 1 to 2 feet above grade on Highway 50 and about 8 feet below grade on Grand Highway. He further stated that there would be no construction at this time, but the owner wanted to make the property more saleable. It was further reported that the Planning and Zoning Commission at its December 4, 1984 Meeting unanimously recommended approval of the request, with changes which were incorporated into the Resolution. Mayor Pool then requested comments from those present in the audience, and no one spoke for or against the request. Jay VanderMeer suggested that Condition #5 be changed to allow a registered surveyor, instead of a registered engineer, certify that the final reclamation plan and all conditions of the permit have been met. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO CHANGE THE SECOND SENTENCE IN CONDITION NUMBER FIVE TO "A REGISTERED SUR- VEYOR SHALL CERTIFY TO THE CITY THAT THE FINAL RECLAMATION PLAN AND ALL CONDITIONS OF THIS PERMIT HAVE BEEN MET WITHIN TWENTY (20) MONTHS OF THE DATE OF THIS CONDITIONAL USE PERMIT. City Manager Forbes questioned the slope on the west side of the property off of Grand Highwayback to the Wade property, and asked if it was pos- sible to have an access driveway off of Grand Highway with the slope, and it was determined that this would be possible. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO AMEND CONDITION #4 TO INCLUDE "THE SITE SHALL BE GRADED IN ORDER TO ACCOMMODATE AN ACCESS ROAD FROM GRAND HIGHWAY ON THE NORTH SIDE OF THE PROPERTY". e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -7- Council Member Turville stated that he was opposed to the request because there was no site plan. COUNCIL MEMBER HUFF MADE A MOTION TO ADOPT RESOLUTION NO. 489 AS AMENDED. This motion died for lack of a second. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO DENY THE REQUEST FOR A CONDITIONAL USE PERMIT. This motion also died for lack of a second. Jay VanderMeer then spoke stating that there was an eight foot high bank above the Highway and they had a right to excavate the property to obtain its highest and best use. 84-208After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE WITH COUNCIL MEMBER TURVILLE VOTING NAY, TO ADOPT RESOLUTION NO. 489, AMENDED AS FOLLOWS: CONDITION NO. FOUR WAS CHANGED BY THE ADDITION OF "THE SITE SHALL BE GRADED IN ORDER TO ACCOMMODATE AN ACCESS ROAD FROM GRAND HIGHWAY ON THE NORTH SIDE OF THE PROPERTY". CONDITION NO. SIX WAS CHANGED BY REMOVING THE WORD "ENGINEER" FROM THE SECOND SENTENCE AND SUBSTITUTING "SURVEYOR". THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 488 - WILLIAMS STEEL, CUP REQUEST FOR AN ADDITION Mr. Chuck Feldman, Vice President of Williams Steel, explained that his company was requesting a Conditional Use Permit in order to con- struct an addition to an existing building which would be 60' wide x 160' long. It was reported that the Planning and Zoning Commission had unanimously recommended approval of this request at its December 4, 1984 meeting. Mayor Pool then called for comments from those present in the audience and no one spoke for or against the request. Council Member Turville complimented the company for the improvements made to its parking area. 84-209 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE WITH COUNCIL MEMBER COLE ABSTAINING FROM VOTING DUE TO A CONFLICT OF INTEREST BECAUSE OF HIS EMPLOYMENT WITH WILLIAMS STEEL TO ADOPT RESOLUTION NO. 488. THIS RESOLUTION GRANTS WILLIAMS STEEL A CONDITIONAL USE PERMIT IN ORDER TO CONSTRUCT A 60' X 160' ADDITION TO THE EXISTING BUILDING. THE RESOLUTION WAS READ BY TITLE ONLY. Mr. Cole asked for the proper Conflict of Interest Form which is attached and made part of the permanent record of these proceedings. RESOLUTION NO. 485 - W.H. MANAGEMENT, CUP REQUEST 32 MULTI-FAMILY UNITS Mr. Bill Temby of the firm of Gee and Jenson appeared before Council representing W.H. Management and requested a Conditional Use Permit to construct thirty-two multi-family units on property located just north of Grandview Apartments. A Conditional Use Permit was granted in June of 1983 for a similar request on this property, which now has expired. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -8- The site plan for this property has been substantially revised since the first request, but the number of units remains the same. At the December 4, 1984 Planning and Zoning Commission Meeting, the Commission unanimously recommended approval of request. Mayor Pool called for comments from those present in the audience, and no one spoke for or against the proposed project. It was pointed out that a small portion of the property is zoned R-2 and the remainder C-2, and the entire parcel should be rezoned R-3 before any certificates of occupancy could be issued. 84-2l0After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADD CONDI- TION #14 BY ADDING "THE ENTIRE PARCEL MUST BE REZONED R-3 BEFORE ANY CERTIFICATES OF OCCUPANCY CAN BE ISSUED. After some further discussion concerning the paved parking areas for 84-2llthe development, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 485 GRANTING W.H. MANAGEMENT A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF THIRTY-TWO TOWNHOUSE UNITS IN NINE BUILDINGS IN A C-2 GENERAL COMMERCIAL ZONE. THE RESOLUTION WAS READ BY TITLE ONLY. OLD BUSINESS FINAL READING OF ORDINANCE l68-M, REZONING LOTS 20 & 21, BLOCK 2 OF HOMEDALE SUBDIVISION Victoria Magee appeared before Council to request that the store she owns at 797 Bloxam Avenue be rezoned to C-l Light Commercial. The store is located in a R-3 Residential Professional Zone which makes it a nonconforming use, and she wants to change the use to a beauty shop. Mrs. Magee stated that property surrounding the store is zoned C-l. The C-l zoning would permit a beauty shop, as well as other light commercial uses. 84-2l2After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l68-M WHICH REZONES LOTS 20 AND 21, BLOCK 2, HOMEDALE SUBDIVISION FROM R-3 RESIDENTIAL/PRO- FESSIONAL TO C-l LIGHT COMMERCIAL. THE ORDINANCE WAS READ BY TITLE ONLY. NEW BUSINESS LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE It was reported that the Chamber of Commerce's lease agreement with the City for office space in Jenkins Auditorium needed to be renewed. The proposed agreement was given to each Council Member, and states that in return for leasing two rooms at a rate of $1 per year, the Chamber will schedule the use of the auditorium. For providing this service, the Chamber will receive 50% of the rental fees collected. 84-213 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO SIGN THE LEASE AGREEMENT BETWEEN THE CITY AND CHAMBER OF COMMERCE FOR A PERIOD OF ONE YEAR BEGINNING JANUARY 1, 1985. THE CHAMBER WILL BE RESPONSIBLE FOR RENTING THE AUDITORIUM AND RECEIVE 50% OF THE RENTAL FEES AS COMPENSATION FOR THIS SERVICE. . . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING December 11, 1984 Page -9- LEASE AGREEMENT WITH THE SENIOR CENTER Mayor Pool reported that the Lease Agreement between the City and the Clermont Senior Center was also up for renewal, and would allow the organization to lease the southeast corner office of the auditorium for $1 per year, beginning January 1, 1985. Ken Peach who was present in the audience and is President of the Clermont Senior Center was complimented by the Council for the fine job he is doing. 84-2l4A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO SIGN THE LEASE AGREEMENT WITH THE CLERMONT SENIOR CENTER IN THE AMOUNT OF $1, BEGINNING JANUARY 1, 1985. CONSULTANT FOR UTILITY BENEFIT FEES City Manager Forbes reported that the City had received proposals from two consulting firms for an analysis of the City's "Utility Benefit Fees". These fees are used for funding improvements to the water and sewer system resulting from new growth. The con- sultant selected will provide a report containing recommendations for the fee structure and changes to our ordinance, if needed. Thomas H. Roberts and Associates will do the work for $14,800 and the firm of Probe, Batson and Company will charge $2,500. Both companies are experienced with this type of work and will repre- sent the City in Court, if necessary. 84-215 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO HIRE THE FIRM OF PROBE, BATSON AND COMPANY FOR A FEE OF $2,500 TO STUDY THE CITY OF CLERMONT'S UTILITY BENEFIT FEES STRUCTURE AND MAKE RECOM- MENDATIONS FOR THE FEE STRUCTURE AND CHANGES TO OUR ORDINANCE. TRUCK TRAFFIC ON HIGHWAY 50 Council Member Huff stated that he would like the City Attorney to draw up a Resolution which would restrict truck traffic to the right hand lane when going through Clermont. Mr. Huff further stated that he would like a copy of the Resolution sent to the State of Florida Department of Transportation. There being no further business, the meeting adjourned at 10:25 p.m. ~().(J~ Robert A. Pool, Mayor Attest: ~lerk ( ? -, FORM 4 ME~RANDUM OF VOTIf; CONFLICT ~. L....ST NAME-FIRST NAME-MIDDLE NAME Cole. Lester THE BOARD, COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS 591 East Minneola IllICITY e COUNTY e OTHER LOCAL AGENCY eSTATE CITY COUNTY Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED December 11, 1984 City of Clermont, Florida NAME OF BOARD. COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE . WHO MUST FILE FORM 4 This form is for use by any person serving on either ,an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal. county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officei also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: {s} PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the m,'!tter on which he is abstaining from voting; and 1 (b) " WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on December 11 ,19~: (a) I abstained from voting on a matter which (check one): \ -X- inured to my special private gain; or . \ _ inured to the special gain of " , by whom I am retained. \ \ ~~ I. REV. lo.ll4 PAGE I : ~' ~ . (b) The measure on which I abstained and the nature of my interest in the measure is as iollows: 'l I abstaineQ from voting on granting a Conditional Use Permit to Williams Steel to allow the addition of a building approximately 60' x 160' to an existing manufacturing facility of over 7,000 square feet in a M-l Industrial Zone beca~ am,employed by Williams Steel. ~_ ~ Date Filed VSignature Please see PART C for instructions on when and where to file this form. PART 8 VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Aorida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his ofticial capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within I S days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 _: (a) I voted on a matter which (check one): _ inured to my special private gain; or - inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. oj r PART C FILING INSTRUCTIONS .:,\ " I This memorandum must be filed within fifteen (I S) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. _,_J NOTICE: UNDER PROVISIONS OF FLORIDASTATUTESfI12.317(1983). A FAILURE TOMAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FORAND MA', BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMES'/. DEMOTION. REDUCTION IN SALAR Y. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED ss.ooo, CE FORM 4. REV, 10-84 fo,' , . (b) The measure on which I abstained and the nature of my interest in the measure is as foIlows: 'l I abstainen from voting on granting a Conditional Use Permit to Williams Steel to allow the addition of a building approximately 60' x 160' to an existing manufacturing facility of over 7,000 square feet in a M-l Industrial Zone beca~ am,employed by Williams Steel. ~ ee Date Filed ~ignature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Aorida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his .official capacity on any matter. However, any state officer who \'otes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Pdrt B below within I S days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 _: (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained, (b) The measure on which I voted and the nature of my interest in the measure is as foIlows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. ,r PART C FILING INSTRUCTIONS / :'\ .1 I This memorandum must be filed within fifteen (I S) days foIlowing the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. ,_J NOTICE: UNDER PROVISIONS OF FLORIDASTATUTES,II2.317(1983l. A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FORAND MA', I. BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMEN'l, DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 55.000. I I I CE FORM 01 ' REV, 10-84 ,,",Hif2