10-23-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
October 23, 1984
The Regular Meeting of the City Council of the City of Clermont
was held Tuesday, October 23, 1984 in the Council Chambers. The
Meeting was called to order at 7:30 p.m. by Mayor Beals with the
following Council Members in attendance: Council Member Henry,
Mayor Pro Tem Pool, and Council Member Turville. Council Member
Cole was absent. 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 Reverend William McKinney followed
by the repeating of The Pledge of Allegiance to the Flag by all
present.
REPORTS
CITY MANAGER'S REPORT
WATER SERVICE LINE INSTALLATION
It was reported that the City had received two bids from area plumbers
for water service line and meter installation to nineteen homes in the
area north of Almond Street and East of Bloxam Avenue. The proposals
were as follows:
Jim Turner Plumbing
D J's Plumbing
$2,075
$3,000
84-l77A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
HENRY AND UNANIMOUSLY CARRIED TO ACCEPT THE PROPOSAL OF JIM TURNER
PLUMBING IN THE AMOUNT OF $2,075 FOR THIS WORK.
EPISCOPAL CHURCH FUND RAISER
It was reported that, if there were no Council objections, the Episcopal
Church would install a canvas canopy in the Church yard during its
annual fund raising event on November 16, 1984. There were no Council
objections to this request.
SPECIAL MEETING
All Council Members were reminded of the Special Meeting in the City
Hall Conference Room at 8:00 a.m. Wednesday, November 7, 1984, to
canvass the ballot after the General Election.
K-MART PARKING LOT
It was reported that Council Member Henry had suggested that a convex
reflective mirror placed by the K-Mart Garden Center would allow a
better view of traffic traveling east from the Bloxam Avenue entrance
to the parking lot. Mr. Forbes stated that he believed that this
was a good idea. The mirror would have to be installed by the shopping
center owner, and that if there were no Council objections, a letter and
information about the mirror would be sent to the owner. There were no
Council objections.
WORKSHOP MEETING
City Manager Forbes stated that he would like to hold a Workshop Meeting
on Wednesday October 24, 1984. Several Council Members stated that they
would not be able to attend, and the Meeting was scheduled for Tuesday,
October 30, 1984 at 7:00 p.m. in the City Hall Conference Room.
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October 23, 1984
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CITY ATTORNEY'S REPORT
City Attorney Baird requested Council permission to collect back rental
payments in the amount of $200 owed by the former leasee of the Jaycee
Beach House. It was the consensus of the Council to authorize Mr. Baird
to initiate the collection procedure.
VISITOR'S WITH BUSINESS
DISCUSSION OF PREVIOUS COUNCIL ACTION ON BEER & WINES SALES, FOR
930 SCOTT STREET
It was reported that during the September 25, 1984 Council Meeting
the Council determined that since most grocery stores sell beer
and wine, the package sale of these alcoholic beverages should also
be "grandfathered in" as a non-conforming use at this location.
Mr. Willie Montgomery's grocery store at this location is a non-
conforming use because it is in a R-2 Residential Zone. The Council
also determined that the intent of the City Ordinance Chapter 3,
Section 3-3 that restricts the sale of alcohol within 500' of a church
or school applied to only the on-site consumption of alcohol, not
package sales.
Mike Meeker, a friend of John and Rena Wootson, read a letter from
the Wootsons asking that the Council reconsider its position of
allowing the package sale of beer and wine next to their home and
also within 216' of the Church of God in Christ where John Wootson
is the Pastor. A petition opposing the package sale of alcoholic
beverages at Mr. Montgomery's Store with more than 70 signatures
was also presented to Council. They stated that they had no idea
the request was being considered on September 25, 1984.
Minnie Jamison, Ruben Jamison, Reverend William McKinney, and
Reverend John Wootson spoke against the sale of alcoholic beverages
from Mr. Montgomery's store due to its close proximity to the
Church and their homes. They also expressed their concern that
"drunks" would be wandering around their neighborhood and breaking
into their homes.
Willie Montgomery, Gloria Johnson, Lucille DeRamus, and Wilbur Pace
spoke in favor of the package sales, stating that a man had a right
to make an honest living and that other small stores in Clermont
have package beer and wine sales. Mr. Montgomery assured the Council
and those present that he would not be selling to children and that
there would be no drinking on his premises.
The Council asked City Attorney Baird for clarification of its position.
Mr. Baird stated that three things must be considered, (1) the grocery
store was there before the City's Zoning Ordinances were passed - it
was "grandfathered in" and therefore, the sale of packaged beer and
wine for off-site consumption is also "grandfathered in" at Mr.
Montgomery's store. (2) Equal protection under the law must be observed.
If other stores are allowed to sell beer and wine, then Mr. Montgomery
should enjoy the same privilege. (3) There is a definite difference
between on-site and off-site consumption, and our ordinance, as clarified,
allows the sale of package beer and wine within 500' of a church or school
because it is to be purchased and consumed at home, not consumed at the
grocery store.
Mr. Baird continued that the City does not issue liquor licenses, the
State does. However, the City can set the time and place for the sales.
He further stated to those present that if people are drunk in the street
or on their property, the police should be called.
Council Member Turville stated that he felt the non-conforming use law
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October 23, 1984
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should be addressed because it appears that Mr. Montgomery can do
what he wants because the store was "grandfathered in". He stated
that just because the store was "grandfathered in", the sale of
beer and wine should not be "grandfathered in". A grocery store
without these sales was the original business. He further stated
that Mr. Montgomery did not fit under the ordinance, and that was
why he asked Council permission to sell beer and wine.
84-178 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE TO NOT ALLOW THE
GRANDFATHERING IN OF BEER AND WINE SALES WITH THE GROCERY STORE.
This motion died for lack of a second and it was the consensus of
the Council that the City Attorney's opinion and the previous Council
action would prevail in this matter.
FRED SOMMER - REQUEST FOR A LOAN FOR THE TRIATHLON.
Mr. Fred Sommer appeared before Council and presented the City an
award expressing appreciation for the City's support of the Triathlon.
He also explained that next year's event would be held on October 6,
1985 and would include events for younger children.
He explained than numerous factors caused the event to lose money, and
that he was asking the City for a loan of $1,500 to cover the expenses
incurred. The money would be paid back prior to next year's event.
Jack Sargent and Ann Ritch both spoke of the positive effects the
Triathlon had on the City and asked the Council to give careful con-
sideration to the request.
84-179 After some discussion of the propriety of making such a loan, A MOTION
WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL
AND UNANIMOUSLY CARRIED TO TABLE FURTHER CONSIDERATION OF THIS MATTER
UNTIL A LATER DATE.
Mr. Sommer was directed to search for funds from other sources before
requesting funds from the City.
OLD BUSINESS
NOMINEE FOR THE LAKE COMMUNITY ACTION AGENCY'S BOARD OF DIRECTORS.
Mayor Beals explained that Bess Jones, Clermont's longtime member of the
Community Action Agency's Board of Directors had moved from Clermont
and caused a vacancy on the Board. The agency had requested that the
City nominate a person to serve on the Board as a representative of
Clermont. After a brief discussion, Mayor Beals nominated Bob Hanford
to serve in the position. He stated due to transportation problems,
he would be happy to serve in the interim until someone else is found.
SEMINOLE WELL
City Manager Forbes explained that representatives of Peerless Pump
had pulled the pumps and shaft at the Seminole Well to increase our
capacity from approximately 1,200 gpm to 1,500 gpm, and that the
Council had previously approved an expenditure of $8501.36 for this work.
He further stated that shaft in the well is in good shape, and by using
the existing shaft and making the changes recommended by Peerless Pump,
we should be able to increase the capacity to 1,500 gpm for about
$5,413.36.
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MINUTES
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October 23, 1984
Page -4-
Mr. Forbes then asked the Council to consider another option of replacing
the existing shaft with a larger sized shaft and replacing the existing
125 hp motor with a 150 hp motor to increase the capacity to about 1,700
gpm. The cost for this work would be about $14,101.36 in parts. He
further stated that if problems with sulphur or chlorination arose at this
greater pumping capacity, the speed could always be pulled back, but it
could not be increased if you stayed at 1,500 gpm.
Mr. Forbes concluded by stating that this would be very cost effective
to spend the $14,101.36 from the Capital Improvement Fund for the
additional 500 gpm. considering that a new well that pumps 1,500 gpm
would cost around $250,000.
84-180 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO HAVE
THE PUMPING CAPACITY OF THE SEMINOLE WELL INCREASED TO 1,700 GPM AT
AN APPROXIMATE COST OF $14,101.36.
BUDGET AMENDMENT FORENCUMBRANCES AND ITEMS BUDGETED DURING THE
PREVIOUS YEAR.
It was explained that the budget amendment listed below was needed to
allow items budgeted in the previous fiscal year but not yet expended
to be carried over into the current budget.
4l-l33.5(IRR) $ 6,205
4l-l33.5(IRR) $12,000
4l-l33.5(IRR) $55,424
01-131.3(FRS) $ 2,500
ACCOUNT NO.
01-513-4610
01-513-3100
01-519-3100
01-519-3100
01-524-3100
01-541-4630
01-541-6300
01-533-6400
41-533-6400
41-535-4670
41-535-4600
41-533-1200
AMOUNT
DESCRIPTION
$ 850
$ 2,500
City Hall Ceiling Repairs
Microfilm Service
$
Pension Study
400
$ 7,000
$ 2,570
ECFRPC Land Use Maps
Lakeview Hills Inspection
$
Traffic Signal Repair
300
$42,050
$ 2,179
$ 2,724
$ 4,668
Street and Sidewalk Repair
Fire Hydrant Painting
Scott Air Packs
Lift Station 21 Repairs
$
940
Sewage Plant Flow Meter Repair
$ 4,187
Water Line Transfers
Odophos Tanks
Manhole Repairs
Well Housing & Capacity Increase
Microfilm Reader
84-181 After a brief discussion of the amendment, A MOTION WAS MADE BY COUNCIL
MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED
TO ADOPT THE BUDGET AMENDMENT AS LISTED ABOVE TO ALLOW THE ITEMS TO BE
CARRIED OVER INTO FISCAL YEAR 1984-1985.
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
October 23, 1984
Page -5-
There being no further business, t
meeting adjourned at 9:15 p.m.
ATTEST: