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10-22-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 22, 1985 The Regular Meeting of the Clermont City Council was held Tuesday, October 22, 1985 in the Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p.m. with the following Council Members present: Council Member Huff, Council Member Cole, Council Member Henry, and Mayor Pro Tem Turville. Other City City Officials present were: City Manager Saunders, City Attorney Baird, and Deputy City Clerk Brandt. INVOCATION The Invocation was offered by Cuqui Whitehead followed by the repeat- ing of the Pledge of Allegiance to the Flag by all present. REPORTS CITY MANAGER'S REPORT CHARLIE HAINES APPRECIATION DAY The Council was reminded that Sunday, October 27, 1985, would be Charlie Haines Appreciation Day. A reception for Mr. Haines will be held in Jenkins Auditorium beginning at 1:00 p.m. SPRAYFIELD BUFFER It was reported that the FmHA had approved the bid received from Florida Land Clearing to re-establish the buffer at the sprayfield site. The bid includes clearing dead citrus trees, installing an irrigation system and planting the new shrubbery. The project will be paid with original grant money. After a brief discussion, 85-117 A MOTION WAS MADE BY COUNCIL ME~BER HUFF, SECODED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT THE BID OF $14,800 FROM FLORIDA LAND CLEARING WITH PAYMENT COMING FROM THE ORIGINAL GRANT FOR THE SPRAYFIELD PROJECT. CONTRACT FOR COUNTY WIDE FIRE PROTECTION It was reported that the County had rejected the Cityls reworded contract as discussed and adopted during the October 8, 1985 Council Meeting. It was explained that the County did not want to be responsible for furnishing the City of Clermont a tanker and additional personnel as was requested in the reworded contract submitted by the City. City Manager Saunders then read the origin~l contract as presented by the County, the original changes as submitted by the City and the new changes as suggested by County Commissioner Claude Smoak during the October 15, 1985 Council Workshop. 85-178 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO RESUBMIT THE CONTRACT FOR COUNTY WIDE FIRE PROTECTION WITH NEW WORDING AS DISCUSSED AT THE OCTOBER 15, 1985, COUNCIL WORKSHOP AND RECOMMENDED BY COUNTY COMMISSIONER CLAUDE SMOAK. COUNTY WIDE NUMBERING SYSTEM It was reported that the County was in the process of adopting a county wide numbering system. To avoid a change of street numbers of those businesses facing Highway 27, the post office has suggested that Highway 27 within in the city limits of Clermont be renamed. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 22, 1985 Page -2- It was suggested that the property owners on Highway 27 be contacted to obtain their input on the renaming. Adelbert "Buck" Evans pointed out that on earlier official maps of the City, Highway 27 was named Citrus' Boulevard. It was the consensus of Council to further discuss this matter at a future Council Meeting. DISTRICT BAND FESTIVAL HOSTED BY THE CITY OF LEESBURG It was reported that the City of Clermont Marching Highlander Band would be participating in the District Band Festival in Leesburg during mid-November. The City has been asked by the Leesburg High School Band Boosters to buy an advertisement in the festival pro- gram with prices ranging from $25 for an 1/8 page ad to $125 for a full page ad. 85-179 After a brief discusson, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO BUY A FULL PAGE AD IN THE FESTIVAL PROGRAM FOR $125. SPECIAL MEETING TO CANVASS THE BALLOTS It was reported that if there were no Council objections, a Special Meeting to canvass the ballots of the General Election would be held at 7:30 a.m. on Wednesday, November 6, 1985. It was suggested that the meeting be held at 8:00 p.m. on Tuesday, November 5, 1985 because it would be easier for all Council Members to attend that night. After a brief discussion, it was the consensus of the Council to hold the evening meeting. OLD BUSINESS RESOLUTION NO. 512 - DECLARING CITY OWNED PROPERTY LOCATED BETWEEN SETTLE STREET AND BRANTLEY CIRCLE SURPLUS WITH THE INTENT TO SELL For additional background information concerning this Public Hearing, please see the Minutes of the September 10, 1985 Council Meeting. During this meeting a group of upland property owners requested that they be allowed to purchase City owned property on Lake Winona across from thier homes for $24,000. It was reported that, as requested by Council, an op1n10n of value from Paul Roper, MAl, had set the value of the land $84,500. Linda Beal, one of the upland property owners, appeared before Council to request tabling of the proceedings because the property owners had received the MAl opinion of value on Monday afternoon, October 21, 1985 which had not given them enough time to study the document in detail. Also, one member of the group was in the hos- pital and no decision could be made without his presence. Council Member Cole stated that he would like the matter tabled because he also felt that he did not have enough time to study the opinion of value. Council Member Turville stated that he believed the Resolution before the 'Council 'had nothing to do with the value of the land, and that the Council could proceed with the hearing because de- claring the land surplus was the issue. City Attorney Baird stated that the Council, had to decide if the land was surplus and if it was for sale to the upland property owners. e ,e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 27, 1985 Page -3- Mayor Pool called for comments from those present in the audience, and numerous citizens spoke in opposition to declaring the land surplus. Reuben Jamison stated that he was opposed to the City declaring the land surplus because he was against getting rid of the prop- erty because someday the City might find some need for it. He then asked for a definition of "surplus", and Mayor Pool explained what it meant. William Darby then spoke and stated that he believed that the City should keep and maintain the property for all citizens to use. Rosemary Young ,stated that she believed the City might set a pre- cedent it could not live with if the property was sold because every citizen in the City might wish to purchase the waterfront property across from their homes. She then asked how to get the process started because she lived across from ,Sparkling Water Lake. Don Smith stated that he was against selling any City owned green space because it would set a poor precedent. He further stated that he believed that any covenant placed on the property against building docks or boathouses could not be enforced because they would not actually be built on the land, but out in the water. Adelbert "Buck" Evans stated that the property should never be deemed surplus. Lake Winona is a very delicate lake with no northward flow of water. Because of this, the least done to the vegetation along the lak~shore will be the best for the lake. If too much vegetation is removed, a dead lake could result. ' Jim Modica who works for the St. Johns River Water Management District read a letter he wrote to the "South Lake Press" con- cerning this matter. Mr. Modica explained that the lake is unique because of its low alkaline water chemistry which limits . the ability to fight off a large variety of pollutants, and as Mr. Evans stated, the lake needs all the vegetation it can keep to help filter the water. Mr. Modica expressed his concern that if the property was sold to private individuals, they might become less than environmentally responsible and remove the needed vegetation, as has happened in the past. He also stated that curb cuts should not allow direct drainage into the lake as is happening in that area. Holding areas should be built to allow for percolation before draining into the lake. Mr. Modica stated that he believed the City should keep the property to ensure that the vegetation is maintained. Arthur Dean stated that the property could not be considered surplus if someone uses it. He further stated that the senior citizens of Clermont use it for access for fishing. John Ray Ward stated that those people who don't have boats can't find too many plac~s to fish anymore, and he believed that the City should keep the land for this reason. Kevin and Rosie Mu11holland both opposed the sale of the property, as did Rufus Sullivan, and Jerry Jones. A letter of opposition from Tony Honey was read by Mayor Pool. City Manager Saunders stated that he had received calls of opposition from Mrs. Mann, Mr. and Mrs. Robert Tilden and Mr. and Mrs. Hart. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 22, 1985 Page -4- After this portion of the Public Hearing, a recess was called at 9:00 p.m. The meeting reconvened at 9:10 p.m. At this point in the meeting, City Manager Saunders stated that from a management point of view he believed that (1) there was no need for the City to sell the property at this time, the City does not have a specific Parks project for which we need the money, and Parks and Recreation projects can be funded in other ways~ (2) in the future, the property may be needed to build a retention area because drainage problems do occur in this area of Lakeshore Drive and (3) a park does not have to be "developed" to be a park. Open space can be a park. He further stated that the Parks and Recrea- tion Board had met and discussed the property and unanimously recommended that if the City did sell the property, a deed restric- tion be placed on the property which would not allow any type of structure to be built. Don Smith spoke agai~~ated that. the cou~cil should be far si~hted and ~ let a few dollars in the short term turn your head, and don't let money in someone's pocket turn your head. Mr. Smith then cited some examples from the past i~lustrating this point. Mr. Smith continued by asking the City not to sell its green space. He concluded by stating that if the City needs the money for the Recrea- tion Committee, he was sure that most people in the community would be willing to pay an extra dollar in taxes to save the lakefront prop- , erty. He then offered to lay $10.00 on the desk right now, as did Reuben Jamison and several others present in the audience. After those who were present'in the audience spoke, Members Huff and Cole spoke in favor of declaring the property surplus and selling it. Council Members Turville and Henry spoke in favor of retaining the property. 35-180 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HENRY AND CARRIED BY A THREE TO TWO VOTE NOT TO DECLARE THE LAND SURPLUS PROPERTY. COUNCIL MEMBERS COLE AND HUFF VOTED NAY WHILE MAYOR POOL AND COUNCIL MEMBERS TURVILLE AND HENRY VOTED AYE. NEW BUSINESS City Manager Saunders reported that the Seminole Well was the only well without a housing, and that the City had received the following bids for the Seminole Well House Project: Creative Company, Inc. William F. James Gregory D. Thomas Line Construction, Inc. $29,583 $31,750 $40,015 $42,450 It was further reported that the City Engineer had reviewed the bid proposals and recommended awarding the project to Creative Company, Inc. who are the low bidder and meet all requirements. ~5-181 A MOTION WAS MAOE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE LOW BID OF $29,583 FROM CREATIVE COMPANY, INC. AND TO ADOPT A BUDGET AMENDMENT IN THE SAME AMOUNT WITH FUNDING FROM THE IMPROVEMENT, REPAIR AND REPLACEMENT FUND. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING October 22, 1985 Page -5- CITIZEN INPUT SIDEWALKS Mayor Pool then called for any other comments. Don Smith, who was present in the audience, stated that he would like the Council to consider building sidewalks on Osceola Street, near the Rusty Fox, on East Avenue, and on Montrose Street by the junkyard. Too many children are walking in the streets in these areas and pose a safety hazard. There being no further business, the meeting adjourned at 9:50 p.m. ~..r t). !1..-f. Robert A. Pool, Mayor Attest: