08-14-1984 Regular Meeting
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CITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
August 14, 1984
A Regular Meeting of the City Council of the City of Clermont was
held Tuesday, August 14, 1984 in the City 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,
Council Member Turville, Council Member Pool and Council Member
Cole. Other City Officials present were: City Manager Forbes,
City Attorney Baird and Deputy City Clerk Brandt.
INVOCATION
The Invocation was offered by Reverend David Carter of the First
Baptist Church followed by the Pledge of Allegiance to the Flag
by all present.
MINUTES
The Minutes of the Regular Meeting held July 24, 1984 and the Work-
shop Meeting held August 1, 1984 were approved as presented.
REPORTS
CITY MANAGER'S REPORT
HAYCROP AT THE SPRAYFIELD SITE
It was reported that the hay crop at the sprayfield is growing well on
about two-thirds of the property, and this hay needs mowing. The City's
lease agreement with Mr. Kuharske stipulates that he will begin paying
the City $100 per month after the first mowing.
Because the crop is not totally acceptable, Mr. Kuharske has requested
that the City fertilize the field one time, with the understanding that
he would begin payment of $100 per month. Mr. Kuharske will be respon-
sible for the mowing and fertilizing after this application. It was
further reported that the City had a soil analysis performed at the site,
and the estimated cost of fertilizing would be $1,661.
84-ll5After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HENRY,
SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO FERTILIZE
THE SPRAYFIELD SITE ONE TIME ONLY, AT AN ESTIMATED COST OF $1,661.
MR. KUHARSKE WILL MOW THE EXISTING HAY AND BEGIN PAYMENT OF $100 PER
MONTH.
LAND USE MEETING
It was reported that the County would be holding a land use meeting
in the Council Chambers on Wednesday, August 15th. The meeting would
allow citizen input on the proposed use of the areas surrounding the
City of Clermont.
It was also reported that the City's Planning and Zoning Commission
had almost completed its work with the Comprehensive Plan. The East
Central Florida Regional Planning Council had been contacted to draw
a Land Use Map for the Plan.
COUNCIL MEMBER POOL'S REPORT
WATER COMPLAINTS
Council Member Pool stated that he had received numerous complaints
about the City's water, and asked Mr. Forbes to explain what was being
done about the problem.
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Mr. Forbes explained the City's water line replacement program which
has been going on for about one year and will continue until all of
the old galvanized lines which are creating the problems have been
replaced. He stated that some problems have been caused by the old
galvanized lines which run from the meter to the house, particularly
in the City's older homes. It would be the responsibility of the
homeowner to replace those lines.
Continuing, he stated that the City would get back on a regular
schedule of flushing lines to eliminate rust. Combined, these
measures should solve about 90% of the problems. However, if
problems do continue, the City may have to reline its cast iron
water mains.
COUNCIL MEMBER TURVILLE'S REPORT
Council Member Turville asked if something could be done to get rid of
the big puddle of standing water in front of the Jaycee Beach Concession
Building. City Manager Forbes stated that he would investigate the prob-
lem and see what could be done.
Also, Mr. Turville stated that dirt was being washed out when the hydrants
were turned on to flush water lines, and the grass grew over the holes and
presented a dangerous situation. Mr. Forbes stated that he would speak to
the Utility Department to see if the water could be channeled in a different
manner.
MAYOR'S REPORT
CITY LOGO
Mayor Beals asked permission for the Chamber of Commerce to use the City's
Logo on T-shirts for the Labor Day Race. It was the consensus of the
Council to allow this request.
CLERMONT HOTEL
Mayor Beals asked what the Council wished to do concerning the Hotel.
Council Member Turville stated that he felt the Weber Trust should be
contacted and told that the City wished to pursue the matter as expedi-
tiously as possible.
Mayor Beals stated that he felt the City should assert a legal challenge
to bring the matter to the conference table.
After a brief discussion, it was the consensus of the Council to contact
the mortgage holders to see what their intentions are before any further
legal action is taken.
RESOLUTION NO. 472 - VAUGHN REQUEST FOR A CONDITIONAL USE PERMIT
It was explained that Steve Vaughn, Sr. and Steve Vaughn, Jr. had
requested a Conditional Use Permit to construct thirty-four apartment
units at the northwest corner of the intersection of Anderson Street
and Highland Avenue. Apartment complexes of over 23 units are a
Conditional Use in R-3 Residential/Professional Zones.
It was further reported that the Planning and Zoning Commission at
its August 7, 1984 Meeting had unanimously recommended approval of
this project, subject to the conditions listed in Resolution No. 472.
Mr. Cliff Bailey, owner of the property; Mr. Steve Vaughn, Jr., the
developer and Mr. Louis George, Architect for the project appeared
before Council to answer any questions they might have.
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Mayor Beals called for comments from those present in the audience, and
no one spoke for or against the project.
84-ll6After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL
CALL VOTE TO GRANT THE CONDITIONAL USE PERMIT AND ADOPT RESOLUTION
NO. 472. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HENRY, POOL, COLE
AND TURVILLE; AYE AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY
TITLE ONLY.
AMENDMENT TO RESOLUTION NO. 335, CONDITIONAL USE PERMIT - FIRST BAPTIST
CHURCH
It was explained that the Baptist Church had received a CUP in September
of 1979 to allow grass parking and a nursery school on the church prop-
erty located at 497 Montrose Street and subject to the five conditions
stated in the Resolution.
Recently the church fenced some additional property for use by the
nursery school as a playground in back of Bill Brooks' home located
at 429 Montrose Street. In deeding this property to the church, Mr.
Brooks' lot has become nonconforming, and is thus prohibited by
Sec. 26-14 of the Zoning Ordinance. The church is now requesting an
amendment to its CUP to allow use of this additional property.
At the August 7, 1984 Planning and Zoning Commission Meeting the
Commission recommended by a five to one vote (Commission Member
Adelbert Evans voted nay) that the City Council allow this request
subject to the conditions listed in Resolution No. 335 with the
addition of a sixth condition which states: "The south 50' of
Lots 7 & 8, Block 48 shall be used only as an area of general
activities of the church and nursery school, but not for buildings
or parking. The home on the remainder of these lots shall be re-
classified as a single family dwelling and used only as such".
Mayor Beals then read letters from James & Doris Stewart, Martha
G. Bruce, and Adelbert Evans all in oposition to this request.
The Stewart and Bruce properties adjoin the Brooks' property.
(Copies of these letters are attached and made part of the record).
Mr. Dan Boone, who was present in the audience and represented the
Baptist Church, presented the Council with a petition signed by
eleven property owners near the church who did not oppose the use
of the additional property as a playground.
Reverend David Carter stated that he had questioned the people who
live in a duplex owned by Mary Jean Ann Williams at 732 4th Street,
and the noise coming from the new area did not bother them. He
further stated that the church had gone to considerable expense to
fill in a gulley, put in an irrigation system and sod the property
deeded to them by Mr. Brooks. Mr. Brooks put up the fence. He
stated that the church was unaware, at the time, that it was in vio-
lation of the requirements of its CUP. He further stated that the
church had every intention of complying with the City's ordinances,
and would be willing to deed 5' of the property back to Mr. Brooks
in order to make his lot conform.
Mrs. Nilsa Whitehead spoke in favor of the church's request and
the quality care provided by the Day Care Center. She stated that
she felt it was a shame that the only opposition to the request
was coming from people who do not live in Clermont, but own prop-
ery near the new playground area.
Mary Jean Ann Williams appeared before the council and presented a
map showing how her property was most directly effected by the request
because her porch was located approximately 15' from the new play-
ground area. Highly emotional testimony followed stating that the
children were noisy from early morning until early evening. They
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August 14, 1984
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bothered her and her tenant, and poked their fingers through the
fence. She expressed her concern that they could be bitten by her
German Shepherd. Continuing, Ms. Williams stated that she could
not sell her property because of the continuous noise on this lower
playground. The noise was not a problem when the children played
at the top of the hill, but now was a constant annoyance which
deprived her of enjoyment of her own home.
Roger Cameron of 490 West DeSoto Street stated that he lived close
to the church and the noise didn't bother him, and asked Ms. Williams
if she wanted Clermont to be an all adult community?
Council Member Turville asked Reverend Carter why the church moved
down the hill with its playground and if they had always intended to
use the property as a playground?
Reverend Carter responded that the Day Care Center had grown rapidly,
and the area met a need. It was always intended to be used as a
playground.
Adelbert Evans explained the lot size requirements for a duplex and a
single family residence. Reverend Carter again stated that the church
would be willing to give Mr. Brooks back 5' of the property in order
to make his lot conform for a single family residence. (7,500 square
feet is required).
Council Member Pool stated that he had spoken with Mr. Brooks and he
thought that he was willing to make his property a single family resi-
dence. Reverend Carter stated that he believed that Mr. Brooks wanted
to keep his existing duplex. It was discussed that since a duplex
requires 10,000 square feet, it would make his property non conforming
if the Brooks' property remained a duplex.
After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE AND
SECONDED BY COUNCIL MEMBER POOL TO GRANT THE CHURCH'S REQUEST FOR AN
AMENDMENT TO ITS EXISTING CONDITIONAL USE PERMIT RESOLUTION NO. 335,
SUBJECT TO CONDITION #6 AS STATED ABOVE AND THE RECOMMENDATIONS OF
THE PLANNING AND ZONING COUNCIL THAT MR. BROOKS' PROPERTY BE RE-
CLASSIFIED AS A SINGLE FAMILY DWELLING AND USED AS SUCH.
Under discussion, Council Member Turville expressed his concern for
the property value of Ms. Williams' home if the playground area was
allowed to remain.
COUNCIL MEMBER POOL STATED THAT HE WOULD LIKE TO AMEND THE MOTION TO
INCLUDE A WOODEN FENCE AS A BUFFER STRIP ON THE EAST AND SOUTH SIDES
OF THE BROOKS' PROPERTY.
At this point, Reverend Carter asked that the church's request for
an amendment to its Conditional Use Permit be withdrawn. City Attorney
Baird asked the church if it fully understood what withdrawing the
request meant? Reverend Carter stated that he did, and that the Church
would be giving the property back to Mr. Brooks. The City Attorney
stated that by withdrawing the request, the Church would be required to
reapply for another hearing if they wish the Council to consider the
request again.
34-ll~OUNCIL MEMBERS COLE AND POOL THEN WITHDREW THE MOTIONS AND THE SECOND
AND THE ISSUE WAS WITHDRAWN.
FINAL READING OF ORDINANCE l56-M, REZONING FROM R-l TO R-3 AT THE NE
CORNER OF ANDERSON STREET AND HIGHLAND AVENUE
It was explained that Mr. Steven Richey had requested to rezone five
acres located at the northeast corner of the intersection of the
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Anderson Street right-of-way and Highland Avenue from R-l to R-3.
The Planning and Zoning Commission had recommended that the request
be delayed without prejudice until revisions to the Comprehensive
Plan are complete.
Mr. Richey was present and explained that his plans were to build a
medium density, thirty-seven unit development at the site and asked
for immediate Council consideration of the request because of finan-
cing for the project. He further stated that he understood he needed
a Conditional Use Permit before the property could be developed. He
also stated that he was willing to limit the project to 37 units, but
that the City had the proper controls through the CUP process.
Mayor Beals called for comments from those present in the audience,
and no one spoke for or against the request.
Mayor Beals stated that he felt the project met the requirements of
the City's Comprehensive Plan with regard to density and overall
impact on the City's sewer system. He further stated that these
requirements of the Comprehensive Plan would not be changed.
84-ll8A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT MISCELLANEOUS
ORDINANCE l56-M REZONING THE REAL PROPERTY FROM R-l SINGLE FAMILY
RESIDENTIAL TO R-3 RESIDENTIAL/PROFESSIONAL. VOTING WAS AS FOLLOWS:
COUNCIL MEMBERS HENRY, POOL, COLE AND TURVILLE; AYE, AND MAYOR BEALS,
AYE. . THE ORDINANCE WAS READ BY TITLE ONLY.
INTRODUCTION OF ORDINANCE l63-M, REZONING FROM R-3 TO C-2, POSTAL COLONY
It was explained by Mayor Beals that Postal Colony had requested that
the east 40' of Lot 10, Block 93 be rezoned from R-3 to C-2 in order
to conform with its other property located at Eighth Street and
84-ll9Minneola Avenue. A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED
BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l63-M. THE ORDINANCE
WAS INTRODUCED BY TITLE ONLY.
INTRODUCTION OF ORDINANCE l64-M, REZONING FROM R-lA TO R-l, INLAND GROVES
It was explained by Mayor Beals that Inland Groves Corporation had
requested that property it owns at the northwest corner of Twelfth Street
and Minnehaha be rezoned from R-lA to R-l Single Family. Both classifi-
cations only allow single family homes, but R-lA zoning requires a mini-
mum lot area of 10,000 square feet, whereas, R-l zoning requires 7,500
84-l20square feet of area. A MOTION WAS MADE BY COUNCIL MEMBER COLE AND
SECONDED BY COUNCIL MEMBER HENRY TO INTRODUCE ORDINANCE l64-M. THE
ORDINANCE WAS INTRODUCED BY TITLE ONLY.
SMOKING RESTRICTIONS IN THE COUNCIL CHAMBERS
As directed during the July 24, 1984 Council Meeting, Mayor Beals
asked for consideration of the adoption by Council of a policy of
"No Smoking" during public meetings. Different philosophies concern-
ing this matter were discussed, as well as, alternative methods of
removing smoke from public meeting rooms.
84-l2lA MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
TURVILLE AND CARRIED BY A THREE TO TWO VOTE TO ADOPT A POLICY OF "NO
SMOKING" DURING PUBLIC MEETINGS. THE POLICY WILL TAKE EFFECT DURING
THE AUGUST 21, 1984 REGULAR COUNCIL MEETING. COUNCIL MEMBERS HENRY
AND POOL VOTED NAY.
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RESOLUTION NO. 474 - PRELIMINARY UTILITY BUDGET
Mayor Beals explained that the City's bond covenants require adoption
of a Utility Department Budget at least 45 days prior to the end of
the fiscal year. The budget is preliminary, and must be adopted again
in September, pursuant to the requirements of State Law.
City Manager Forbes, as a point of order, asked that the word "tentative"
in the Resolution be changed to "preliminary". Tentative is legal termi-
nology and it should not be used.
After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
84-l22SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL
CALL VOTE TO ADOPT RESOLUTION NO. 474 - PRELIMINARY UTILITY BUDGET
AS CHANGED BY THE SUBSTITUTION OF THE WORD PRELIMINARY FOR TENTATIVE
WITHIN THE WRITTEN BODY OF THE RESOLUTION. VOTING WAS AS FOLLOWS:
COUNCIL MEMBERS TURVILLE, COLE, HENRY AND POOL; AYE AND MAYOR BEALS,
AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 475 - BOND RESOLUTION FOR THE EXPANSION OF THE WASTE
TREATMENT PLANT.
It was explained that Bond Resolution No. 475 for the expansion of
the waste treatment plant must be adopted by the City in order to
validate bonds for the expansion of the waste treatment plant.
Bonds in the amount of $885,900 are being requested. The bonds
must be validated as soon as possible so the City can obtain
interim financing for the construction costs.
84-l23A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL
MEMBER HENRY AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 475 WHICH PROVIDES FOR THE ACQUISITION, CONSTRUCTION
AND ERECTION OF EXTENSIONS AND IMPROVEMENTS TO THE MUNICIPAL WATER
AND SEWER SYSTEM OF THE CITY OF CLERMONT, FLORIDA; AND AUTHORIZES
THE ISSUANCE OF 1984 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES
NOT EXCEEDING THE PRINCIPAL AMOUNT OF $885,900. VOTING WAS AS FOLLOWS:
COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER HENRY, AYE; COUNCIL MEMBER COLE,
AYE; COUNCIL MEMBER TURVILLE, AYE AND MAYOR BEALS, AYE. THE RESOLUTION
WAS READ BY TITLE ONLY.
LEGAL SERVICES AGREEMENT FOR FMHA BONDS - PLANT EXPANSION
City Attorney Baird explained that originally the City signed a
Legal Services Agreement in the amount of $13,959 for services
rendered for financing $885,900 in Revenue Bonds.
The Farmers Home Administration has revised the legal fees structure
with regard to interim financing, and Mr. Baird requested that the
Legal Services Agreement be amended to reflect a new rate of com-
pensation in the amount of $20,269.70. The City Attorney also stated
that these fees would be reduced if the City obtained interim finan-
cing from a local bank.
84-124 After a brief discussion, A MOTION WAS MADE BY COUNCIL M~MBER COLE,
SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ADOPT AN
AMENDED LEGAL SERVICES AGREEMENT REFLECTING A RATE OF COMPENSATION
IN THE AMOUNT OF $20,269.70, PAYABLE 80% AT CLOSING OF BOND ANTI-
CIPATION NOTES AND THE BALANCE DUE AT THE CLOSING OF THE BONDS.
WASTE TREATMENT PLANT EXPANSION
with regard to the Treatment Plant Expansion, Mayor Beals read verbatim
the part of City Manager Forbes' Memo dated August 8, 1984, dealing with
this matter. The excerpt from the memo is as follows:
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EXPANSION OF THE WASTE TREATMENT PLANT. The expansion of the Waste
Treatment Plant is a complex project since funds from two federal
agencies, the Farmers Home Administration and the Environmental
Protection Agency, are involved.
The City has been awarded a grant for approximately 55% of the eligible
project costs or $700,000 from the EPA. We also are obtaining a loan in
the amount of $885,900 at 10.5% interest rate for the non federal share
from the FmHA.
In the past few months the FmHA has been involved with the project, and
we must now insure that all details of this work are approved by both
the FmHA and the EPA.
At the loan conference with FmHA Officials held last week, we learned
that the following items must be obtained:
1. A bond Resolution must be approved and closing materials to
the FmHA by September 1, 1984.
2. The FmHA prefers that the City let bids for all three contracts
(improvements to Lift Station #6, sprayfield expansion, and plant
expansion) at the same time. The EPA will allow the City to let
bids on different dates several months apart.
We believe we have worked out an agreement with the FmHA and
request the Council's permission to send them a letter that
would:
A. Request permission to let bids on Lift Station #6
in October, and let bids for the others in July of
1985. In this manner, we could meet the EPA's
requirement that work begin within nine months
after the grant award while alleviating the FmHA's
concern of cost overruns. In this letter the City
would be required to state that we would finance
the FmHA's share of the project costs should the
bonds never be validated or a cost overrun occurs.
I find no problems with this request since the
lift station work is only a small portion of the
total project costs. However, the Council should
approve sending a letter of this type.
B. The Council also should allow the Mayor to sign a
letter to the EPA requesting that we be allowed
to change the schedule, as requested by the FmHA,
as discussed above.
3. The City will be required to sign a standard joint FmHA-EPA
Engineering (word changed from "legal") Agreement with the
City Engineer. This means that we must withdraw the agree-
ment already negotiated. I will try to have the agreements
for you at our August 28, 1984 Meeting.
4. Until interim financing is received, the City should authorize
the use of the Capital Improvement Fund to pay for engineering
and construction costs.
5. When the bonds for this project are validated, the City should
immediately payoff all bonds ($700,000 in bonds at 11.35%)
for the sprayfield improvements.
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Mayor Beals stated that if there were no objections, he would be
signing the letters, as indicated in Items A. and B. of the memo
and listed above.
Considering all things stated in the memo, Council Member Turville
asked Mr. Forbes what the worse thing that could happen would be.
Mr. Forbes stated that would be a decision not to bond the project
because of the complexities involved when working with two agencies,
or if the City could not payoff our existing bonds of $700,000 at
11.35% over 40 years for the sprayfield.
The intent of the City is to bond the plant expansion project discussed
above over a 30 year period at 10.5%. We would then payoff the spray-
field bonds from reserves, and instead bond the plant expansion project,
thereby saving hundreds of thousands of dollars due to the lower interest
rate and shorter payback period. However, if the sprayfield bond cannot
be paid off early, then the City should not proceed with the plant
expansion bonds.
Therefore, the worst that could happen is that if the sprayfield bonds
cannot be paid off early, we would not bond the plant expansion. The
only loss in fu~ds would be legal fees. The City Attorney stated that
he did not think the early bond payoff would be a problem and he would
investigate this matter with FmHA.
After a brief some discussion of Items 1 - 5 in the "Expansion of the
Waste Treatment Plant" portion of the memo dated August 8, 1984,
84-125A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER POOL AND UNANIMOUSLY CARRIED TO PROCEED WITH ITEMS 1-5 IN
THE CITY MANAGER'S MEMO DATED AUGUST 8, 1984 (AND AS LISTED ABOVE).
ADDITIONAL CAPACITY FOR THE SEMINOLE WELL
It was reported that this year's budget contained funds for increasing
the capacity of the Seminole Well from 1,200 gpm to 1,500 gpm, and for
a well housing. Originally it was thought that the City would have
to buy new pumps to accomplish this. However, the City Engineer
has found that the capacity can be increased by replacing the pump
impellers and making other adjustments to the existing pump. The
work would have to be done by the pump manufacturer, Peerless Pump,
and would cost $6,283.
Council Member Turville asked if this was bid out, and Mr. Forbes
stated that it had to go to Peerless Pump because they were the pump
manufacturer who originally bid the project.
84-l26A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER
POOL AND UNANIMOUSLY CARRIED TO AUTHORIZE PEERLESS PUMP TO REPLACE
THE IMPELLERS AND MAKE OTHER ADJUSTMENTS TO THE EXISTING PUMP IN
THE AMOUNT OF $6,283.
PROPOSALS FOR BORROW PIT RECLAMATION
City Manager Forbes asked that this matter be tabled at this time
because he had been approached by an Army Reserve Member who thought
his organization might be able to restore the borrow pit as a project,
and at no cost to the City. Mr. Forbes stated that the bids received
were a low of $3,800 from Hewitt Contracting to a high of $29,750 from
84-127 Superior Asphalt. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER
UNTIL A FUTURE MEETING.
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COUNCIL PAY INCREASE
Council Member Pool stated that the Council Members pay had remained
the same for the past 16 years, $75 per month. He stated that he
believed that the work performed today was worth more than 16 years
ago.
Mayor Beals stated that he believed that Council Members should be
justly compensated. However, he felt that the pay should not be so
high as to attract just anyone running for the office.
After a brief discussion, Council Member Cole asked that this matter
be placed on the next Council Agenda. City Manager Forbes stated that
he would do so.
There being no further business,
e meeting adjourned at 9:50 p.m.
ATTEST:
~~&~
WAYN SAUNDERS, CITY CLERK