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01-10-1984 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEEETING January 10, 1984 The Regular Meeting of the City Council of the City of Clermont was held January 10, 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 Pool, Council Member Henry, Council Member Cole and Council Member Turville. 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 the Rev~rend Bruce Stewart of the Open Door Baptist Church, and was followed by the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held December 20, 1984 were approved as presented. CITY MANAGER'S REPORT LEAGUE OF CITIES MEETING It was reported that the League of Cities Meeting would be held at 7:00 p.m. on January 18, 1984 at the Mount Dora Yacht Club. All Council Members indicated that they would attend. RESOLUTION NO. 462 - EPA GRANT TO EXPAND WASTE TREATMENT PLANT It was explained that Resolution No. 462 would authorize the acceptance of a construction grant offered to the City on December 29, 1983 by the Federal Environmental Protection Agency for expansion of of the Waste Treatment Plant. It would also authorize Mayor Beals to sign all documents required to apply for the assistance under the Construction Grant Program for Waste- water Treatment Works. City Manager Forbes explained that after acceptance of the grant, an engineering agreement would have to be signed and the pro- 34-00lject let for bids. After 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 RESOLUTION NO. 462 AUTHORIZING ACCEPTANCE OF THE GRANT OFFER FROM THE ENVIRONMENTAL PROTECTION AGENCY FOR EXPANSION OF THE WASTE TREATMENT PLANT. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER HENRY, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILE, AYE; AND MAYOR BEALS, AYE. DER LETTER REGARDING WATER ANALYSIS It was reported that the Department of Environmental Regulation was asking cities to have their drinking water supplies analyzed for numerous chemical agents by June 1984. City Manager Forbes stated that the list of chemicals was two pages long, and it would cost the City approximately $760 to have water from its three wells analyzed. It was further reported that the State was in the process of adopting new regulations, and in a few months the City may be required to spend additional funds for testing if the regulations change. Council Members Pool and Turville expressed that they felt the City should comply with the intent of the letter and have the tests performed as soOn as possible. After some discussion, it was the consensus of the Council to comply with the present State regulations and have the City's water analyzed. *See Page -7- of the Minutes POLICE DEPARTMENT TELEPHONE NUMBER City Manager Forbes reported that the Police Department's emergency telephone number would have to be changed with the installation of the new 7lectronic telephone sytem. The old number was not compatible since we w1ll now have a rotary system with two lines for emergency calls. However, the old number would be retained on one of the other lines so no emergency calls would be missed. The new number is 394-5588 and will go into effect next week. - 'e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 10, 1984 Page -2- TIME EXTENSION FOR SPRAYFIELD WORK It was reported that Russell Daniel Irrigation, the company installing the sprayfield on Hooks Road, would be asking for a forty-five day extension to complete its work; and that Change Order #2 would be forth coming. OLD LIBRARY BUILDING LEASE AGREEMENT It was reported that Lake-Sumter Community College's lease for the old library building had been extended until May 1, 1984 to allow time for the City to research alternate uses for the building. It was further reported that the City had received inquiries from the South Lake Art League and the YMCA expressing interest in eit~er buying or leasing the building. City Manager Forbes then asked Council permission to ask for bid proposals from organizations interested in using the building. After some discussion, it was the consensus of the Council to grant the request. NO PARKING SIGNS It was reported that if there were no objections, the City would request that the County install NO PARKING signs on the west side of Twelfth Street by the Little League Field. Placement of the signs should allev- iate some of the traffic hazards during league play. After some dis- cussion, it was the consensus of the Council to request to have the signs installed. LEASING OF A CAR City Manager Forbes requested permission to lease a car, if it was needed, for the Building Official's use. He and the Building Official had been sharing a car for several months, and at times there were too many conflicts. The Building Official's car had been ordered and should arrive in February. After some discussion, it was the consensus of the Council to allow Mr. Forbes to rent a car, if needed, until the replacement vehicle arrives. FINANCE DIRECTOR'S REPORT INSURANCE AUDIT It was reported that an audit of the City's 1983 Commercial Package Policy revealed an adjustment of premium in the amount of $2,586 was due. Mr. Saunders asked that this amount be paid from Reserves in the form of a 84-002budget amendment. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO AMEND THE BUDGET AND PAY FROM RESERVES THE COMMERCIAL PACKAGE POLICY INSURANCE PREMIUM ADJUSTMENT OF $2,586. HEALTH INSURANCE PREMIUM It was reported that the City had received notification from Florida Municipal Health Trust of a premium increase, and that a budget amendment in the amount of $9,335 would be needed to cover the additional costs. City Manager Forbes stated that the company had given no reason for the increase, and that he had asked for written justification. In light of the fact that our premium was just increased in October, and Florida Municipal Trust was low bidder at that time; the City would be looking into other Health Insurance Policies. After some 84-003discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMENDMENT TO PAY $9,335 FROM RESERVES FOR THE FLORIDA MUNICIPAL HEALTH TRUST HEALTH INSURANCE PREMIUM INCREASE. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 10, 1984 Page -3- COUNCIL MEMBER POOL'S REPORT DIVIDED HIGHWAY SIGNS AT QUINCY'S Council Member Pool reported that he had received complaints that people unfamiliar with the area by Quincy's had been leaving the parking lot and turning into the wrong lane on Highway 50. He asked that the City Manager contact the Department of Transporta- tion about putting up "Divided Highway" signs in the area. Mr. Forbes stated that he would do so. BROGDON AVENUE TRUCK TRAFFIC Council Member Pool also reported that he had received a complaint about the increase in truck traffic on Brogdon Avenue, and asked that the City Manager investigate this matter. Mr. Forbes stated that he felt the increase in traffic was due to the fruit picking season. It was the consensus of the Council that no action be taken at this time, but that the situation be monitored. MAYOR'S REPORT LAKE COUNTY ECONOMIC DEVELOPMENT CORPORATION Mayor Beals invited everyone in attendance to a breakfast sponsored by the Lake County Development Corporation at 8:00 a.m. on Thursday morning at the Citrus Sun Club. The guest speaker will be Bob Williamson, Bureau Chief of the State Department of Commerce. SENIOR CITIZEN DINNER Mayor Beals also invited everyone to attend a Senior Citizens Potluck Dinner on January 17, 1984 at 5:30 p.m. in Jenkins Auditorium. The guest speaker will be Buddy MacKay. JOINT MEETING WITH THE CHAMBER OF COMMERCE It was reported that the Chamber of Commerce had requested a joint meeting with the City Council sometime in January to discuss its managing the rental of Jenkins Auditorium for the City. After some discussion, it was the consensus of the Council and those Chamber Members present in the audience, to hold the meeting on Thursday, January 26, 1984 at 7:30 p.m. WAIVER OF FEES AT JENKINS AUDITORIUM Mayor Beals asked that the fees which would normally be charged for groups to use the Auditorium to be waived for the Senior Citizens Dinner and the Chamber of Commerce's Fund Raiser. It was the consensus of the Council to waive the rental fees for those evenings. SMITH VARIANCE Mayor Beals stated that he had personally spoken to Mr. Gerald Smith regarding his variance request which had been denied by the previous Council, and had suggested that Mr. Smith try to buy six feet of property from Doctor Fox to meet the side yard requirements. Mr. Smith who was present in the audience, told Mayor Beals that he had tried to buy the footage, but that the property would be in probate for a year and could not be sold until that time. Mayor Beals asked that the variance request be placed on the next agenda so the Smith's could start over with their request. It was the consensus of the Council to do so. - e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 10, 1984 Page -4- VISITORS WITH BUSINESS RESOLUTION NO. 460, REQUEST FOR CONDITIONAL USE PERMIT AT 1092 JUNIATA It was reported that Mr. Craig Bishop had requested a Conditional Use Permit to re-establish a a duplex at 1092 West Juniata Street. Resi- dences are non-conforming uses in an industrial zone. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. City Manager Forbes 84-04stated that the building must be brought up to code, and Mr. Bishop stated that he understood this. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TUR- VILLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO- LUTION NO. 460 GRANTING A CONDITIONAL USE PERMIT TO RE-ESTABLISH A DUPLEX IN AN INDUSTRIAL ZONE (1092 WEST JUNIATA STREET). VOTING WAS AS FOLLOWS: COUNCIL MEMBERS COLE, TURVILLE, HENRY AND POOL; AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. RESOLUTION NO. 461 , REQUEST FOR CONDITIONAL USE PERMIT AT THE NE CORNER OF MONTROSE AND SEVENTH STREETS It was reported that Claudia and Grover LeFils had requested a Con- ditional Use Permit to use the second floor of a proposed structure at the NE corner of Montrose and Seventh Street as a residence. The lower floor would be used as a studio and office for Claudia's School of Dance. Residences are a conditional use in the Central Business District. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the request. City Manager Forbes stated that City Codes require a buffer hedge to separate the Com- mercial property from the Residential property to the north and that this should be included in the Conditional Use Permit. J4-005After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 461 AS AMENDED TO INCLUDE "SHRUBBERY MUST BE MAIN- TAINED ALONG THE FENCE AT THE NORTH PROPERTY LINE AS REQUIRED BY CITY ORDINANCE." VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, TURVILLE, HENRY, AND COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. OLD BUSINESS LITTLE LEAGUE BALL FIELD PARKING As discussed at the last Council Meeting, the Catholic Church wishes to limit parking in their lot to the first two rows nearest the ball field. Public ~orks Director Bob Smythe prepared a map showing how the City could add sixty parking spaces on Twelfth Street. It would cost approxi- mately $6,000 to construct a a driveway 20' long and 300' wide with grass parking. City Manager Forbes reported that an alternative to this plan would be to try a clay driveway with grass parking this year, and budget for a paved driveway next year, if necessary. It would cost approximately $500 to install the clay driveway and delineate the parking spaces with railroad ties. After some discussion, it was the consensus of the Council to try the least expensive method first. MINI WAREHOUSES It was reported that Mr. Ed Augustine, owner of the mini warehouses located near City Hall, wanted to take down one ten foot section of fence to allow vehicles to exit from his parking lot onto the City Parking Lot. e e CITY OF CLERMONT REGULAR co~J~l!l;~ING January 10, 1984 Page -5- Council Member Turville allowed to use the City to use his parking lot. Recreation Center's use stated that he felt that if Mr. Augustine was Hall Parking Lot, then the City should be allowed Other discussion ensued regarding Clermont of the City's parking lot. City Attorney Baird stated that he felt there would be no problem with Mr. Augustine's request, and that he would draft an agreement between the City and Mr. Augustine which would include a stipulation that if the request caused a problem in the future, the Council could require that the fence panel be replaced. The agreement will be presented to the Council at the next regular meeting. ORGANIZATIONAL MEETING APPOINTMENT OF MAYOR PRO TEM Mayor Beals called for nominations from the Council for the position of Mayor Pro Tem. Council Member Turville nominated Robert Pool to continue in that position, and there were no further nominations. 84-06After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY, AND UNANIMOUSLY CARRIED FOR COUNCIL MEMBER POOL TO CONTINUE IN HIS POSITION AS MAYOR PRO TEM. APPOINTMENTS TO CITIZEN ADVISORY BOARDS PLANNING AND ZONING COMMISSION Mayor Beals explained that there were five appointments to be made to the Planning and Zoning Commission; four two year appointments, and one one year appointment to fill a vacancy created by resignation. Mayor Beals then opened the floor to nominations. I. Marie McKinney was nominated by Mayor Beals to fill the unexpired term of Aurelia Cole. There were no more nominations, and Marie McKinney was unanimously appointed for the one year term. 2. James Shepherd was nominated by Council Member Turville. There were no more nominations, and James Shepherd was unanimously appointed to a two year term. 3. Jack Sargent was nominated by Council Member Cole. There were no more nominations, and Mr. Sargent was unanimously reappointed to a two year term. 4. Nick Jones was nominated by Council Member Turville. There were no more nominations, and Mr. Jones was unanimously reappointed to a two year term. 5. Henry Czech was nominated by Council Member Pool. There were no more nominations, and Mr. Czech was unanimously reappointed to a two year term. PARKS AND RECREATION BOARD All members of the Parks and Recreation Board have been appointed by the Mayor, and the following appointments were made with no Council objections: Vicki Cahours, Diane York, Marcia Garzia, Mary Adams, Donnie Wilson, Fay Gwynn, Kathy Asmann, Jack Gaines, and Steve Grimm. CODE ENFORCEMENT BOARD Mayor Beals explained that there were three appointments to be made for the Code Enforcement Board; two three year appointments, and one one year appointment to fill a vacancy created by resignation. The Mayor then opened the floor for nominations. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 10, 1984 Page -6- 1. Council Member Turville nominated Emma Higgins. There were no more nominations, and Mrs. Higgins was unanimously reappointed to the board. 2. Council Member Turville nominated Marvin Styles. There were no more nominations, and Mr. Styles was unanimously appointed to the board. 3. Mayor Beals nominated Don Smith. There were no more nominations, and Mr. Smith was unanimously appointed to a one year unexpired term on the board. BUILDING CODE BOARD OF APPEALS Mayor Beals explained that there were four appointments to be made; three two year appointments, and one one year appointment to fill a vacancy created by resignation. the Mayor then opened the floor to nominations. 1. Walter Poynter was nominated by Mayor Beals. There were no more nominations, and Mr. Poynter was unanimously appointed to a one year unexpired term on the board. 2. Lawson Wolfe was nominated by Mayor Beals. There were no more nominations, and Mr. Wolfe was unanimously reappointed to a two year term on the board. 3. Robert Allison was nominated by Mayor Beals. There were no more nominations, and Mr. Allison was unanimously reappointed to a two year term on the board. 4. Don Beal was nominated by Mayor Beals. There were no more nominations, and Mr. Beal was unanimously reappointed to a two year term on the board. 84-07A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ACCEPT ALL NOMINATIONS FOR THE BUILDING CODE BOARD OF APPEALS MADE BY MAYOR BEALS. LIAISON APPOINTMENTS By consensus of the Council, the following liaison appointments were made: 1. Cooper Memorial Library - Robert Pool 2. Chamber of Commerce Liaison - Lester Cole 3. Senior Citizens Center Liaison - Ginny Henry 4. Clermont Centennial Liaison - Mayor Beals 5. Lake County Water Authority (Pollution Control Board) - Hal Turville 6. East Central Florida Regional Planning Council - Ann Dupee 7. Zoning Board of Adjustment - City Council 8. Housing Board of Adjustment - City Council 9. ECFRPC, 208 Water Quality Managment Plan Subcommittee - George Forbes, and Adelbert Evans (voting members) Citizen Members and Alternates: Bill Dailey and Robert Pool, A-95 Review Team: Nick Jones CENTENNIAL COMMITTEE David Kanally was appointed to the Centennial Committee by Mayor Beals with no Council objections. MAJORITY VOTE TO INTRODUCE AN ORDINANCE Mayor Beals asked that the Council's Policy of introducing an ordinance be changed to require a majority vote, instead of one council member introducing it for a first reading. Many times an ordinance is ~ e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING January 10, 1984 Page -7- substantially changed after introduction and is not what was presented before the Planning and Zoning Commission. Much discussion ensued 84-08regarding the proposed change and its legal ramifications. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO ADOPT A POLICY REQUIRING A MOTION AND A SECOND TO INTRODUCE AN ORDINANCE, SUBJECT TO AN OPINION BY THE CITY ATTORNEY. It was the consensus of the Council to discuss this matter further at the next Regular Council Meeting, if necessary. HIGHLANDER HUT RULES It was reported that the rules governing the use of the Highlander Hut required the Disabled American Veterans to be custodians of the building in return for free use of the building. Mr. Forbes stated that he believed the DAV no longer wished to clean the building, and if that was the case, they would be charged a monthly rental fee. After some discussion, it was the consensus of the Council to charge the DAV a rental fee if they no longer wished to clean the building, and Mr. Fobes was directed to discuss this matter with DAV Officials. YMCA Mr. Forbes informed the Council that the YMCA was sponsoring a program which had previously paid the fee for profit making activities to use Jenkins Auditorium. The YMCA pays the regular hourly fee for non profit organizations. It was the consensus of the Council that they had no problems with this arrangement. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mr. Nick Jones, who was present in the audience, stated that as a member of the A95 Review Team of the ECFRPC, he would like to suggest that a Staff Member from the organization come sometime in the near future to speak on growth issues confronting the Clermont area. The Council believed that this was a good idea, and stated that maybe such a meeting could be planned. There being no further business, the meeting adjourned at 9:30 p.m. (J~ IJ f3--P~ CHARLES B. BEALS, MAYOR ATTEST: WAYNE SAUNDERS, CITY CLERK *DONATION TO PARKS AND RECREATION BOARD It.was reported by City Manager Forbes that he had received $1.00 in the m~1l,from an anonymous benefactor and wished to donate the money to the C~ty s Parks and Recreation Fund. It was the consensus of the Council to accept the donation. ~' MEe>RANDUM OF'VOTI" CO'NFLICT I FORM 4 , lAST NAME-FIRST NAME-MIDDLE NAME Huff. Richard L. THE BOARD. COUNCil, COMMISSION. AUTHORITY. OR COMMITTEE ON WHICH I SER VE IS A UNIT OF: MAILING ADDRESS 'D () Roy f\t:;q A CITY e COUNTY e OTHER lOCAL AGENCY eSTATE CITY COUNTY Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED 1-14-86 City of Clermont 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 divid~a 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 officer 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: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (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 independ'ent 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 January 14 , ,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. CE FORM 4. REV. 10-84 PAGE I , .' e (b) The measure on which I abstained and ~he nat'ure of my interest in the measure is as follows: "1 January 23, 1986 Date Filed ~ , Signature If- 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), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official 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 IS 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. PART C FILING INSTRUCTIONS 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. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES' I 12.317(1983). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED 5'.000. CE FORM ;a - REV, 10-84 PAGE 2