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06-26-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, June 26, 1984 in the City Council Chambers. The Meeting was called to order by Mayor Beals at 7:30 p.m. with the following Council Members in attendance: Council Members Henry, Cole, Turville, and Mayor Pro Tem Pool. Other City Officials present were City Manager Forbes and City Attorney Baird. INVOCATION The Invocation was given by Mayor Pro Tem Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the June 12, 1984 Meeting were approved as presented. CITY MANAGER'S REPORT CENTENNIAL MATERIALS The City Manager discussed the recommendation of the Centennial Committee to order more Centennial caps and coffee mugs. He recommended that the Council order 288 mugs at a cost of $425.74 and 144 caps at a cost of $618. It was explained that the Chamber of Commerce would be selling these items during the Labor Day celebration and that they would be sold at other places of business in the City. 84-090 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE CITY ORDER 144 CAPS AND 288 MUGS. A BUDGET AMENDMENT TO PAY FOR THESE ITEMS FROM GENERAL FUND RESERVES ALSO WAS APPROVED. WEST BEACH Council Members discussed the condition of the swim pier at West Beach. The pier has been a maintenance problem for the past several years, and part of it is presently barricaded. The City Manager recommended that the pier be torn down due to the liability problems it presents. Council Member Turville stated that he felt it might be better if the City tore down only that part of the pier in poor condition. After much discussion of the pros and cons of tearing the pier down, 84-091 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE AND SECONDED BY COUNCIL MEMBER POOL TO TABLE CONSIDERATION OF THIS MATTER UNTIL A COST ESTI- MATE WAS OBTAINED ON REPAIRING THE PIER. THIS MOTION PASSED BY A FOUR TO ONE VOTE WITH MAYOR BEALS VOTING NAY. SUNNYSIDE TERRACE SUBDIVISION The City Manager stated that he had met with the low bidder (Utility Pipe Systems of Eaton Park, Florida) on the sanitary and storm sewer work necessary for the subdivision. They informed us that there was a slight price increase from the original bid given the City in January due to a price increase for parts. The cost of constructing this project is now $31,379. He explained that this was still the lowest bid submitted for the work. 84-092 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED THAT THE CONTRACT FOR THIS WORK FROM UTILITY PIPE SYSTEMS OF EATON PARK, FLORIDA IN THE AMOUNT OF $31,379 BE EXECUTED. $6,415 WOULD COME FROM THE CAPITAL IMPROVEMENTS FUND, $8,000 WOULD COME FROM MR. ARNONE, THE DEVELOPER, AND THE REMAINDER OF COSTS FROM THE CITY OF CLERMONT PUBLIC WORKS DEPARTMENT BUDGET. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page -2- PUMPING WATER FROM LAKES It was reported that Will Davis, Director of the Lake Water Authority, reviewed some of the small internal lakes in the City to determine if it would be harmful to allow residents to pump water from them. Mr. Davis stated that while four or five people pumping water from these lakes would not cause any problems, a large amount of pumping for irrigation purposes would have a negative impact on the lakes. The problem. is that the times people will want to irrigate are also the times when the lakes need the water the most. Mr. Forbes explained that basically the Council had three options in this matter: (1) Allow citizens to pump water from the internal lakes but require them to have an easement to cross City property. The easement would state that if the City wanted them to discontinue this practice in the future, they would be required to remove the irrigation system. (2) Allow no one to cross City property in order to build an irrigation system to pump water from the City's internal lakes, and (3) The City adopt a formal policy on this matter and discuss not only crossing City property for irrigation systems, but also the same type of system on private property. It was explained in great detail that at this time, the City really had no jurisdiction over citizens putting irrigation systems into the small internal lakes in Clermont, if the systems were on private property. Discussion was limited to citizens crossing City property in order to install an irrigation system in the internal lake. It was futher discussed that the policy we are talking about does not concern Lakes Minneola, Minnehaha or Winona which are connected to the chain-of-lakes. Mr. Davis felt that these lakes were large enough to withstand the small amount of irrigation for residential purposes. 84-093 After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND CARRIED BY A FOUR TO ONE VOTE THAT THE CITY NOT ALLOW PERSONS TO CROSS THE CITY RIGHT-OF-WAY OR PROPERTY TO INSTALL IRRIGATIONS SYSTEMS IN THE CITY'S INTERNAL LAKES. COUNCIL MEMBER COLE VOTED NAY. FmHA LOAN It was stated that the City had received official approval of a loan for $885,900 from FmHA at an interest rate of 10.5% in order to fund the City's share of costs for expansion of the waste treatment plant. Mr. Forbes then requested Council permission to have the Mayor execute the request for obligation of funds and letter of intent to meet con- ditions. It was discussed that by receiving this loan for a thirty year period at 10.5%, the City could pay its existing loan for the sprayfield which is for $700,000 at 11.38% over forty years. This would allow the City to save a tremendous amount of money. The only thing that would stop the City from making the switch would be if the FmHA no longer owned the bonds for the sprayfield. However, if the FmHA still does own the bonds, the City would be able to obtain a 84-094 waiver from them and payoff the bonds in advance. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO HAVE THE MAYOR SIGN THE LETTER OF INTENT TO MEET CONDITIONS AND REQUEST FOR OBLIGATION OF FUNDS. COOPER MEMORIAL LIBRARY The City Manager announced there would be a ground breaking ceremony for the expansion of the library at 2:00 on Monday, July 2, 1984. All Council Members were invited to attend. BUDGET WORKSHOP The Council was reminded of the Budget Workshop to be held Thursday, June 28th at 7:00 p.m. in the City Hall Conference Room. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page -3- INTERLOCAL AGREEMENT ON GAS TAX The City Council discussed the fact that at its last meeting the County Commission had voted to give the cities 30% of the additional two cent gas tax, and the County would receive 70%. The City Manager discussed a letter from Robert Moore, 'President of the Lake County League of Cities, stating that the cities should sign an inter local agreement agreeing that the 30% cities share would be divided among all cities in Lake County based on population. population would be determined each year from the University of Florida population reports. Mr. Forbes discussed the fact that the City of Leesburg had its meeting last night and preferred to adopt a Resolution/Interlocal Agreement splitting the County's portion of the gas tax on a population basis. However, the Resolution would state the cities would agree to this only if they were receiving 35% of the gas tax monies. There was much dis- cussion on why the cities should agree to lock themselves into a 30% division of funds when this could possibly be changed in the near future. Mayor Beals stated that the District Three Commissioner had initially stated that he felt an 82% County - 18% Cities split would be fair. Mayor Beals stated that if 45% of the population lives in the cities, he did not feel a 45% Cities - 55% County split was unfair. He also explained that the percent of the gas tax was left at a 50% Cities - 50% County split. 84-095A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE CITY EXECUTE AN INTERLOCAL AGREEMENT THAT THE CITIES SHARE OF THE EXTRA TWO CENTS GAS TAX BE DIVIDED ON A 65% COUNTY - 35% CITIES BASIS AND THAT THE CITIES' AMOUNT OF THESE FUNDS BE DISTRIBUTED BASED ON POPULATION ESTIMATES OBTAINED FROM THE UNIVERSITY OF FLORIDA. VISITORS WITH BUSINESS GERALD NORRIS - REQUEST FOR STREET CLOSING ON CRYSTAL LAKE DRIVE It was reported that a request had been received from Mr. and Mrs. Gerald Norris to close a portion of Crystal Lake Drive adjoining their property at 180 West DeSoto Street and described as Lot 9, Block 4, City Blocks. Mr. Norris was present to explain his request, and stated that his neighbor to the north, Mr. Byrd, and he had reached a property line agreement on this matter. Mayor Beals explained that on several different occasions in the past, the present and previous owners of this property had requested Crystal Lake Drive to be closed. However, past Councils had always decided not to close the street until a boundary agreement was reached with Mr. Byrd. Mr. Norris stated that he wanted this property closed because he had spent a great deal of money to maintain it, and he had problems keeping wineheads off the property. He stated that at this time, he had no legal right to tell people they could not be on the property. Council Member Turville stated that he had reservations about closing this street since it did have ingress and egress onto other streets within the City. He was not arguing that the street should be opened at this time, but that the City should not close streets simply to give City property to adjoining owners. He further stated that fifty years down the road the property might be needed by the City. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page -4- 84-096After much discussion on the pros and cons of closing the street, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A THREE TO TWO VOTE TO HAVE THE CITY ATTORNEY DRAW UP THE PROPER ORDINANCE TO CLOSE THE STREET. COUNCIL MEMBERS TURVILLE AND COLE VOTED NAY. The City Manager explained that this ordinance would be drafted by the City Attorney as soon as a survey describing which part of the property would go to Mr. Norris and which part would go to Mr. Byrd was obtained. The legal description of the closed street would then be written into the ordinance. FINAL READING OF ORDINANCE l60-M, CABLE TV FRANCHISE AGREEMENT Mr. Michael Lisman of Cablevision Industries of Central Florida was present and gave each Council Member a letter regarding the type of service the company would provide. He also discussed in detail the Margaree Gardens Subdivision and stated that he had not received any written response from the developer of the property, but four citizens had contacted him. Two of them stated that they were selling their property, one stated he was not interested, and one said that he might be interested in extending cable service to his home. He also stated that the estimated costs of installing an underground cable system in Margaree Gardens was $24,990. While this is very expensive, it was explained that at a cost of about $400 per lot to install the cable tv, it was not that much more expensive than installing a good antenna type system. Mr. Lisman stated that the best way of handling these matters in a new subdivision would be to have the developer work with the cable company to install the lines. The cable company would then reimburse the developer at a certain time. Council Member Turville stated that if we are going to sign an agreement for 15 years, we should not let an island in the City stand without service. It is the responsibility of the people buying the system to provide the service. He also stated that since some people in Margaree Subdivision had purchased more than one lot, there may never be 50 homes there to reach the 50 homes per cable requirement. Mr. Lisman stated that it was not fair to ask the cable company to pay $25,000 to get cable to six homes when maybe only two would subscribe. Council Member Turville stated that it was unfair to tell people they could not have cable service when they are located in the middle of the City. Mr. Lisman stated that they may be able to work out an agreement if the City would allow him to negotiate with the people individually. Possibly they could connect the homes there on an individual basis, instead of doing the whole subdivision at once. Council Member Turville stated that the extension line formula does not address the problem if there are not fifty homes in the sub- division. Council Member Pool stated that maybe a fair way to handle this problem would be to have the cable tv company construct the line in Margaree Gardens when there was, for example, twenty homes built. Mr. Lisman stated that such an agreement could be possible when thirty homes were built in Margaree Gardens. Then the cable company would be required to install the cable. In the meantime, the exist- ing homes would be allowed to have cable installed at a pro-rated cost based on thirty homes instead of the sixty homes initially proposed. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page -5- Both Council Member Turville and Mayor Beals disagreed with the formula proposed by Mr. Lisman. Mr. Turville stated that while the numbers were changing, nothing else was. Council Member Pool stated that maybe a time frame could be arranged whereby in three or four years, Margaree Gardens had to be provided with cable service. He stated that he felt this would be a better way to protect the public. Mr. Lisman stated that he was not prepared, but he would agree that Margaree Gardens Subdivision would have to be connected on an as needed basis within three years of the date of the franchise agreement. He stated that he would agree to construct one-third of the system each year, and would be completed in three years. At this point in the meeting, Mayor Beals stated that this was a public hearing and asked if anyone in the audience wished to speak. No one spoke for or against the proposed ordinance. Council Member Turville asked for an interpretation of the last offer by Mr. Lisman and it was explained that Cablevision Industries of Central Florida would be required to build one-third of the system each year with completion in three years, if requested. It was explained that cable would not have to be constructed to a home if the owner had not requested service. It was explained that this would be noted in Exhibit "A", and items in Exhibit "A" must be hooked up within 90 days after the request, this would be a workable agreement. 84-097After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE l60-M WITH THE FOLLOWING REVISIONS: (1) EXHIBIT "A" WOULD BE AMENDED TO EXCLUDE THE LAKEVIEW HILLS SUBDIVISION. MARGAREE GARDENS SUBDIVISION WOULD REMAIN IN EXHIBIT II A" WITH THE UNDERSTANDING TYPED ON THE EXHIBIT THAT THE ENTIRE MARGAREE GARDENS SUBDIVISION WOULD BE PROVIDED WITH CABLE TV SERVICE WITHIN THREE YEARS. CABLEVISION INDUSTRIES OF CENTRAL FLORIDA WOULD BE REQUIRED TO BUILD ONE-THIRD OF THE SYSTEM EACH YEAR. (2) EXHIBIT "B" WOULD INCLUDE THE BOOKLET ENTITLED "CABLEVISION A PROFILE", AND LETTERS FROM CABLEVISION INDUSTRIES TO THE CITY OF CLERMONT DATED JUNE 14, 1984 AND JUNE 18, 1984. Mr. Turville asked if this agreement would require the rates for cable tv service to increase. Mr. Lisman stated that this agreement in itself would not require a rate increase. NEW BUSINESS BID AWARD - AIR CONDITIONING UNIT FOR CITY OWNED BUILDING 630 WEST DESOTO STREET The Council reviewed bids for a new air conditioning and heat pump system for the City's building located at 630 West DeSoto Street presently being leased by the YMCA. One of the units at this building broke down and is beyond repair. Bids for installing a new five ton unit with ducts were as follows: Kennedy Company 84-098$2,900 and Hanks Electric $3,270. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COLE AND UNANIMOUSLY CARRIED THAT THE LOW BID OF $2,900 FROM KENNEDY COMPANY BE ACCEPTED FOR THE FIVE TON AIR CONDITION UNIT. BID AWARD - UTILITY DEPARTMENT PIPE AND FITTINGS Bids were obtained for more than thirty-five different types of pipe and fittings from four different companies. Mayor Beals e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page -6- discussed a letter from Utility Director Davis recommending the 84-099 acceptance of the low bid from Hughes Supply. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $9,971.30 FROM HUGHES SUPPLY FOR UTILITY DEPARTMENT PIPE AND FITTINGS. BID AWARD - CITY HALL ROOF It was explained that the roof at City Hall leaks whenever there is a heavy rain storm. Three bids were obtain for reroofing, and are as follows: Smith Roofing $4,800, Cone Roofing $7,020, and Queen Roofing $10,000 (no options). The City Manager read a copy of a letter from Public Works Director Smythe recommending that the bid be awarded to Smith Roofing, including options "An and "Bn with a surety bond. He also recommended that the price be increased $395 to include reroofing which was not included 84-l00in these bids. A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $5,195 WHICH WOULD INCLUDE BOTH OPTIONS AND THE SMALL ROOF ON THE EAST SIDE OF CITY HALL. Mayor Beals pointed out that the City also should approve $850 for new ceiling tiles and that funds for this and the reroofing of City Hall should come from General Fund Reserves. 84-l0lA MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED THAT THE BUDGET BE AMENDED TO INCLUDE FROM GENERAL FUND RESERVES $850 FOR CEILING TILES FOR CITY HALL AND $5,195 FOR REROOFING CITY HALL. Mayor Beals asked if anyone would like to speak and Council Member Pool stated that he had just come from Winter Park and it would be nice if we could arrange to have trees downtown. Council Member Turville asked about landscaping at City Hall and City Manager Forbes stated that flowers were going to be planted. Willie Montgomery who owns Bill's Grocery requested permission to speak. He stated that his store had been broken into three times and nothing is being done. He had spoken to Detective Moss, but he did not have the courtesy to get back with him. He further stated that the Police make every effort for other stores but that nothing is being done about his store. He also complained about the lack of police patrols in the Lincoln Park area, and that the Police never check his store at night. He stated that he had followed Police cars before and they run through Lincoln Park on their way to the Clock Restaurant. He also stated that he was not happy with Public Works Director Smythe. He had asked him to clean up some shrubbery on City property in Lincoln Park, and Mr. Smythe had told him it was a low priority item. It may have been a low priority item, but why then did Mr. Smythe use a City truck and employee to trim trees in his own yard? He further stated that he felt City Department Heads responded negatively to him, and that he felt Lincoln Park was being treated differently than the rest of Clermont. The Council requested that the City Manager investigate this matter and report back to them. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING June 26, 1984 Page-7- There being no further business, ATTEST: 1~~~ , WAYN SAUNDERS, CITY CLERK