09-28-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
August 28, 1984
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, August 28, 1984 in the Council Chambers. The Meeting
was called to order by Mayor Beals at 7:30 p.m. with the following
Council Members in attendance: Mayor Pro Tem Pool, Council Member
Turville, Council Member Cole, and Council Member Henry. Other
City Officials present were: City Manager Forbes, City Attorney
Baird, and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Carlisle Byrd followed by the repeating
of The Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held August 14, 1984 were approved
as presented.
CITY MANAGER'S REPORT
LEAGUE OF CITIES CONVENTION
City Manager Forbes reminded Council Members of the upcoming Convention
to be held in Tampa on October 11 - 13th and asked that anyone interested
in attending should contact Julie Brandt.
FOURTH STREET WELL
It was reported that the Fourth Street Well had experienced a major
mechanical failure and would be out of service until repairs could be
made to the pump. The company that installed the pump would be here as
soon as possible to pull it and see what is wrong.
CENTRAL BUSINESS DISTRICT
It was reported that a new building was being constructed in the Central
Business District (CBD) and the owner intends to construct an overhang
about six feet over the City sidewalk. Many of the older buildings in
the CBD have such overhangs, and the master plan developed by Adley
and Associates in the 60's shows all stores having them. The only
problem is that the City Codes do not address permanent overhangs over
City property.
It was suggested that the Council adopt a policy allowing overhangs
over the City right-of-way. If adopted, the policy would then be
incorporated into the City's building ordinance. The proposed policy
was given to Council Members.
Council Member Turville stated that he needed clarification of the
word "projection" in the policy. City Manager Forbes stated that a
projection was an eave. Mr. Turville further stated that he was
concerned that the actual occupied building space might overhang
the sidewalk. Mr. Forbes reiterated that the projection was an
eave, not the building extending over the sidewalk.
Council Member Pool expressed his concern if there was a liability
problem if the City adopted the policy. City Attorney Baird stated
that there would be no problems.
84-128After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT
THE FOLLOWING POLICY ALLOWING OVERHANGS OVER THE RIGHT-OF-WAY IN
THE CENTRAL BUSINESS DISTRICT: "PROPERTIES LOCATED WITHIN THE C-2
CENTRAL BUSINESS DISTRICT MAY HAVE ROOF PROJECTIONS (EAVES) OVER
THE PUBLIC RIGHT-OF-WAY. SUCH ROOF PROJECTIONS SHALL NOT BE LESS
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
August 28, 1984
Page -2-
THAN 8' ABOVE GROUND AND SHALL NOT EXTEND MORE THAN 8' OVER THE
PUBLIC RIGHT-OF-WAY, OR 2' BACK FROM THE CURB, WHICHEVER IS LESS.
NOTHING IN THIS POLICY SHALL BE CONSTRUED TO ALLOW ROOF PROJECTIONS
OVER PUBLIC STREETS, ALLEYS OR PARKING AREAS WHICH WOULD INHIBIT THE
FREE FLOW OF TRAFFIC". THE CITY WILL USE THIS POLICY UNTIL IT IS
PUT INTO CODE FORM.
GEORGE HOVIS LETTER
It was reported that Mr. Hovis was contemplating leasing office
space in the North Carolina National Bank Building and would want to
either sub-lease his office space or surrender back his lease to the
City effective October 1, 1984. After a brief discussion, it was
the consensus of the Council to have Mr. Hovis present during the
next Regular Council Meeting to officially express his intent regarding
his lease.
CLAUDE SMOAK LETTER
A letter from County Commissioner Smoak and a site plan of a proposed
project for the north side of Lake Minneola was presented to Council,
as was a proposed letter to the County Planning and Zoning Commission
stating the City's comments on this project.
Mayor Beals read both the Smoak letter and the proposed letter to
the County Planning and Zoning Commission.
Council Member Turville stated that it appeared that the 177 acre
lake in the proposed development was included in the land requirements
when the density was calculated and that it should be deleted.
A conversation regarding annexing followed, and City Attorney Baird
stated that the property could not be annexed because it was not
contiguous to the City Limits by virtue of Lake Minneola.
84-129 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
POOL, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED FOR
THE CITY TO SEND THE LETTER TO THE LAKE COUNTY PLANNING AND ZONING
COMMISSION AS AMENDED BY DELETING THE LAST PARAGRAPH CONCERNING
ANNEXATION AND ADDING ITEM D. WHICH WOULD DELETE THE 177 ACRE LAKE
WHEN CALCULATING THE LAND AREA FOR DENSITY REQUIREMENTS.
COUNCIL MEMBER COLE'S REPORT
SHOPPING CARTS IN THE JUNIOR HIGH SCHOOL AREA
Council Member Cole asked that the City Manager take action to remove
the numerous shopping carts located in the grove by the Junior High
School because they could pose a potential traffic hazard in the area.
City Manager Forbes stated that he would contact the stores
who own the carts and have them removed.
FINAL READING - ORDINANCE l65-M, STREET CLOSING - CRYSTAL LAKE DRIVE
Mayor Beals reported that Mr. Carlisle Byrd of 143 Montrose Street
and Gerald Norris who lives at 180 West DeSoto Street had requested
that the portion of Crystal Lake Drive which adjoins their properties
be closed. The request was made to allow the property owners more
control over who enters the property they maintain. If adopted,
the ordinance would close Crystal Lake Drive between Montrose and
DeSoto Streets.
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Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the proposed ordinance.
Council Member Cole asked City Manager Forbes if this request was
granted, would it pose any problems for the City. Mr. Forbes stated
that the City was keeping all of its necessary easements over the
property.
Council Member Turville stated that he believed that the City should
keep this portion of Crystal Lake Drive. It provided the City with
ingress and egress, and, as the City grows and traffic increases,
the City may have to buy it back at some future date. The request
was benefitting only two people, and if the City did not grant the
request it would be keeping the status quo, thus protecting the
public for the future.
Council Member Pool stated that he could not see placing a street
that close to the lake, and the City has protected itself by keeping
the required easements.
84-l30After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL
SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE VOTE
TO ADOPT ORDINANCE l65-M PERMANENTLY ABANDONING A PORTION OF CRYSTAL
LAKE DRIVE AS DESCRIBED IN THE ORDINANCE. THE VOTING WAS AS FOLLOWS:
COUNCIL MEMBERS HENRY, POOL AND COLE; AYE AND MAYOR BEALS; AYE.
COUNCIL MEMBER TURVILLE VOTED NAY. THE ORDINANCE WAS READ BY TITLE
ONLY.
INTRODUCTION OF ORDINANCE l62-M, FRANCHISE AGREEMENT WITH UNITED
TELEPHONE COMPANY OF FLORIDA
It was reported that the present franchise agreement with United
Telephone Company of Florida expires in May of 1985. This agreement
had allowed the City to have telephone service (two business lines)
with no charge for local service. However, a new Florida Public
Service commission regulation which takes effect October 28, 1984
no longer allows free service. For this reason United Telephone
has recommended that the City adopt a flat percentage franchise fee.
The fee in the proposed ordinance would be 1.5% of the gross monthly
local exchange service revenues.
The proposed Ordinance has been carefully reviewed by United Telephone
Attorneys. All Council Members received a copy of the proposed ordi-
nancee with noted changes, incorporating most of the suggestions
provided by United Telephone. These changes were made because they
fall under the jurisdiction of the Public Service Commission.
Judy Pease, Marketing Director for United Telephone Company of
Florida was present to answer questions. She also suggested three
additional changes to the proposed ordinance. Changes were proposed
for Section 2, Paragraph 1 on Page 2 which added "Florida Public Service
Commission"; Section 8, Paragraph 3 on Page 3 which made reference to a
Letter of Understanding; and to Section 12, Paragraph 3 on Page 4 which
added language dealing with assigning the agreement instead of termi-
nating it.
84-131 After a brief discussion, A MOTION WAS
SECONDED BY COUNCIL MEMBER TURVILLE TO
AMENDED BY THE THREE PROPOSED CHANGES.
BY TITLE ONLY.
MADE BY COUNCIL MEMBER POOL AND
INTRODUCE ORDINANCE l62-M AS
THE ORDINANCE WAS INTRODUCED
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August 28, 1984
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INTRODUCTION OF ORDINANCE 239-C, SEWER USE
Mayor Beals read from a Memo dated August 23, 1984 explaining the
different articles of the proposed Ordinance which is required by
the Federal Environmental Protection Agency in order for the City
to receive funds for the expansion of the Waste Treatment Plant.
(This Memo is attached and made part of the official record).
84-l32After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE AND SECONDED BY COUNCIL MEMBER COLE TO INTRODUCE
ORDINANCE 239-C, SEWER USE AS PRESENTED. THE ORDINANCE WAS
READ BY TITLE ONLY.
FUTURE LAND USE MAPS - EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
City Manager Forbes reported that the City should consider adopting
a Future Land Use Plan as part of the City's Comprehensive Plan, and
that the existing Land Use Map be updated. Although not a budgeted
item, monies for this project could come from General Fund Reserves.
A letter from Aaron Dowling of the East Central Florida Regional
Planning Council was read which stated that they could do the requested
work for $6,000 excluding graphics. They estimated that the graphics
would cost an additional $2,000 bringing the total costs to $8,000.
Mr. Forbes stated that the City actually would be charged an hourly
rate for this work, and that the price for graphics could be reduced
making the total price lower than the estimated $8,000.
84-133A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
POOL TO ENTER INTO AN AGREEMENT WITH THE EAST CENTRAL FLORIDA REGIONAL
PLANNING COUNCIL TO UPDATE THE CITY'S LAND USE MAP AT A COST OF $6,000
FOR THE WORK, AND $1,000 FOR THE GRAPHICS.
Under discussion, Council Member Turville suggested that the City
contact the City Engineer to see if the ECFRPC figure was reasonable.
City Manager Forbes stated that if we did that, then the City might
as well take bids from other companies for the work. He explained that
the actual cost could be much less since the City would be charged only
for the actual amount of time spent on the project.
City Attorney Baird stated that he felt that the $8,000 figure was
very reasonable.
Council Member Turville called for the question, AND THE MOTION
UNANIMOUSLY CARRIED.
COUNCIL SALARIES
Council Member Pool stated that the Council Members' salaries had
been the same ($75 per month) for sixteen years, and he felt that
they should be raised. He further stated that he had talked to
numerous people and they felt the Council deserved a raise. In
fact, some people had suggested that the Council receive a yearly
cost of living increase.
Mr. Pool stated that he felt the monthly salary should be $125
for Council Members and $150 for the Mayor.
Mayor Beals stated that he felt rewards for public service should
be other than monetary.
Council Member Cole stated that since a Council could not vote
itself a pay increase, and any increase should go into effect in
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December of 1985, he believed a salary of $150 per month for Council
Members and $200 per month for the Mayor would be adequate.
Jack Sargent, who was present in the audience, stated that he could
not give an exact figure for salaries, but felt that they should
be drastically higher because Council Members are at the beck and
call of the public 24 hours per day, seven days a week.
Council Member Turville stated that a figure cannot be placed on
the time involved with a public office. He further stated that the
present salary covers most monthly expenses and there was not an out
of pocket loss.
84-l34A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
COLE AND WAS DEFEATED BY A THREE TO TWO VOTE TO INCREASE THE COUNCIL
SALARIES EFFECTIVE DECEMBER 1985 TO $125 PER MONTH FOR COUNCIL MEMBERS
AND $150 PER MONTH FOR THE MAYOR'S POSITION. COUNCIL MEMBERS POOL AND
COLE VOTED AYE, AND COUNCIL MEMBERS HENRY AND TURVILLE AND MAYOR BEALS
VOTED NAY.
AMENDMENT TO RESOLUTION NO. 356, OCCUPATIONAL LICENSES
It was reported that the Finance Department had recommended that
Resolution No. 356 be amended to delete Item 14, Coin Operated
Machines from the Occupational Licenses list.
The $7.50 fee for these machines is difficult to enforce
and represents a small part of the total fees collected. It would
also help public relations if this fee was eliminated.
84-l35After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE
SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL
CALL VOTE TO AMEND RESOLUTION NO. 356 TO DELETE ITEM 14. COIN
OPERATED MACHINES. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE,
POOL, TURVILLE,AND HENRY; AYE AND MAYOR BEALS, AYE.
There being no further business, the meeting adjourned at 8:35 p.m.
P~/J.~
CHARLES B. BEALS, MAYOR
ATTEST:
~~~.,
YN SAUNDERS, CITY CLERK