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08-27-1985 Regular Meeting ! e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 27, 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, August 27, 1985 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Pool with the fol- lowing Council Members in attendance: Council Member Cole, Council Member Henry, Council Member Huff, and Mayor Pro Tem Turville. Other City Officials present were City Manager Saunders, City Attorney Baird, and Finance Director Van Zile. INVOCATION The Invocation was given by Mrs. Cuqui Whitehead followed by the repeating of The Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Council Meeting held August 13, 1985 were approved as presented, with the following correction: Council Member Huff abstained from voting on the Stephen Lee request for a front yard setback variance due to a conflict of interest. This fact was omitted from the Minutes and will be corrected. REPORTS CITY MANAGER'S REPORT WEST BEACH PIER It was reported that the City had money budgeted to reconstruct a wooden pier at West Beach using 4" x 4" supports. However, the City had looked at building other styles of piers, one using tele- phone-po Ie-type pylons which would be a sturdier type of construction would cost between $10-12,000. A concrete pier could be built for $21-22,000. Mr. Saunders continued by stating that the City had been looking into grant funds for such an undertaking. Finance Director Van Zile has been researching these grants. If the City does obtain the grant funds, the grant will only pay for one-third of the construction costs. City Manager Saunders then asked the Council if the City should pursue obtaining the grant funds for construction of a different type pier, or proceed with constructing the'pier as originally discussed. Mayor Pool asked how much money was budgeted for the pier using the 4 x 4's and how long this type of construction would last. City Manager Saunders stated that the cost would be approximately $4,000. He stated that he did not know how long it would last. City Engineer Springstead stated that pressure treated wood should last about ten years. The bridge using telephone pole type pylons would cost from $10-12,000, but would last twice as long. The concrete pier would last the longest, and is the most expensive to construct. Some discussion ensued concerning obtaining the grant. Finance Director Van Zile stated that it was about a 50-50% chance of the City getting the funds. City Manager Saunders stated that they would pursue this matter if the Council wished to build a more expensive pier. After much discussion concerning the chemical testing of the property adjacent to the beach and other sources of funds for the pier, it was the consensus of Council to go with the original plan of using 4 x 4's to construct the new pier, contingent upon the findings of the chemical analysis of the ground on the adjacent property. ..- e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 27, 1985 Page -2- CHARLIE HAINES' APPRECIATION DAY City Manager Saunders reported that he had been contacted by Commis- sioner Smoak and the VFW concerning having a Charlie Haines' Appre- ciation Day or some type of event to honor Mr. Haines for his many contributions to the community. It was the consensus of Council to participate in the program. No definite plans have been made, but the event will be held in Jenkins Auditorium in the near future. LABOR DAY CELEBRATION City Manager Saunders reminded all present of the upcoming Labor Day Celebration at Jaycee Beach. BUDGET HEARING City Manager Saunders also reminded the Council of the first Public Hearing on the Budget to be held Tuesday, September 3, 1985 at 7:30 p.m. in the Council Chambers. The final hearing is scheduled for Tuesday, September 10, 1985. COUNCIL MEMBER HUFF'S REPORT PARKING IN THE DOWNTOWN AREA Council Member Huff reported that City Manager Saunders and he had met with several downtown merchants concerning parking problems on Montrose Street. Some merchants and residents who live above the stores had been parking their vehicles on the street limiting customer parking. It was the consensus of those present that the merchants, their employees and those who live downtown should voluntarily utilize the City Parking Lot and spaces behind the buildings for parking. This would allow ample customer parking. If this does not work, the merchants most likely will come before Council and ask for an enforcable ordinance addressing the issue. MAYOR'S REPORT CITYWIDE BEAUTIFICATION PROJECT Mayor Pool stated he felt that .the Council should consider some major beautification projects during the next year. He suggested that one might be planting some trees downtown. Cuqui Whitehead stated that she had contacted the Garden Club and that they would be willing to plant trees and flowers at various locations throughout the City. Specifically, they would like to do something around the entrance signs which say "Welcome to Clermont". Council Member Turville pointed out that this had been discussed before, and that the tree planting project was put on hold until such time as the water lines in the downtown area were replaced, which would allow for a one time tearing up of the streets. VISITORS WITH BUSINESS ROBERT D. THOMPSON - REQUEST FOR AN EASEMENT City Manager Saunders explained that Mr. Thompson was requesting an easement to install an underground storm water drainage overflow pipe along the eastern edge of Lot 8, Block 73 owned by the City. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 27, 1985 Page -3- Mr. Thompson, because of the elevation of his property, cannot install the pipe to come out on Highway 50. Mr. Saunders continued that he could see no problem with the request because it would be a six inch pipe buried along the eastern lot line for storm water overflow from the retention area. The lawn will then be restored to its original condition. 85-146 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT THE REQUESTED EASEMENT AT SUCH TIME AS WHEN CONSTRUCTION BEGINS. OLD BUSINESS LAKE WINONA BRIDGE As previously instructed, Mr. Springstead appeared before Council to present new plans for a larger culvert to replace the Lake Winona Bridge. The bottom of the proposed culvert, when constructed, will be at elevation 90.62', the bottom of the canal will be 91.5', the existing bottom under the bridge today is 92.5'. This will give about 2' additional clearance on the bottom. The existing low member on the bridge is 104.57' and the proposed top of the new structure will be at 104.7'. The proposed bridge will give approx- imately 2' more of vertical opening to be used during times of low water. The 14'8" x 1411" x 36' long culvert is being considered for the project. Total cost estimate for the project is $90,500. It was pointed out that about $5,000 could be saved if some of the retaining walls under the roadway could be saved. Mr. Don Tracy who was present in the audience questioned the wing walls and the type of guardrails for the bridge. He also stated that he was glad to see that the canal would be cleaned up and deepened each way because that has been the real big problem. Questions were also asked concerning the scheduled beginning and completion of the project. Design drawings, the permitting process, bidding process and construction will take approximately one year, if everything goes smoothly. Mr. Springstead stated that he had called the DOT in Deland to make sure that the culvert to be used was not considered a "bridge" because of a conflict over whether over 10' or over 20' culverts fall under the bridge rules and regulations, and that he would get this in writing from the DOT before any authorization is given to continue with the project. 85-147 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO AUTHORIZE THE REPLACING OF THE EXISTING WINONA BRIDGE WITH A CULVERT CONTINGENT UPON THE 14'8" x l4'l"x 36' CULVERT BEING CON- SIDERED A CULVERT, NOT A BRIDGE. IF THIS SIZE CULVERT FALLS UNDER THE CATEGORY OF A BRIDGE, THE MATTER WILL BE BROUGHT BACK BEFORE COUNCIL. NEW BUSINESS RESOLUTION NO. 504 - REQUEST FOR APPROVAL OF RESTORATION PROJECT Mayor Pool explained that some beach in front of the pavilion had been eroded away and if the area was not restored, the pavilion coul~ be washed away. J' e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 27, 1985 Page -4- City Manager Saunders explained that during the past two years the beach has been eroding away because of the high water and winds. Permanent repairs must be completed in the area, and the City has applied to various regulatory agencies to .reclaim the beach area. The City wishes to build a riprap wall and fill in the area that has eroded away. Resolution No. 504 is part of the documentation required in order for the City to obtain a permit to fill in the eroded area. City Manager Saunders stated that the project would be paid for with budgeted funds under maintenance. Council Member Huff requested that while the work was going on, that the concrete slab under the baithouse be shored up on the northeast corner. City Manager Saunders stated that he would look into this matter. 85-148 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY, CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 504, REQUESTING APPROVAL FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FOR THE JAYCEE BEACH PROJECT TO RECLAIM LAND. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, HENRY, COLE AND TURVILLE, AYE AND MAYOR POOL AYE. THE RESOLUTION WAS READ BY TITLE ONLY. MAYOR'S PROCLAMATIONS GENERAL ELECTION PROCLAMATION Mayor Pool read the General Election Proclamation stating that the purpose of the election is to elect City Council Members to Groups II and IV. The General Election will be held November 5, 1985 from 7:00 a.m. to 7:00 p.m. A Primary Election will be held on Tuesday, October 8, 1985 if there are more than two candidates who qualify for anyone of the above seats. WATER AND POLLUTION CONTROL OPERATORS' WEEK Mayor Pool read the Proclamation and proclaimed August 25 through August 31, 1985 as Florida Water and Pollution Control Operators Week. COMMENTS AREA CODE LETTER Council Member Turville asked the Council if they had received a copy of the letter sent to the County Commissioners and area representatives concerning changing the area served by the 904 area code to extend to the Orange County line. It was further stated that he hoped there would be enough interest to keep this matter alive, and that it could be resolved. Ken Peach, who was present in the audience, stated that he had spoken with a representative of the telephone company, and that he was told that a member of the Public Service Commission would have to determine if the change was needed, and then contact the telephone company for action. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING August 27, 1985 Page -5- Bob Richenberg, who was present in the audience, pointed out that some businesses presently in the 305 area code between Clermont and the Orange County line did not want to be in t~e 904 area code. He stated that it would be better if this area could be placed in the 469 exchange (Monteverde) area where area codes 904 and 305 could be called toll free. VIAL OF LIFE PROGRAM Ken Peach also stated that the South Lake Memorial Hospital, the Clermont Senior Center and the Lake County Sheriff's Department had joined together to bring the Vial of Life Program to the City of Clermont. Mr. Peach stated that all details of the program have been discussed and explained to Fire Chief Smythe and Police Chief Tyndal. It was hoped that the program would be IIkicked-offll during the Labor Day Celebration. PROPOSED ADDITIONAL COURT COSTS FOR CROSSING GUARDS City Attorney Baird reported that there is a proposal to add an additional charge to the court costs for criminal violations, and possibly traffic violations. It would either be one or two dollars for the purpose of establishing a fund to pay for school crossing guards. . The Lake County City Attorneys have formed an informal group which meets once a month to discuss mutual problems, and this proposal had been discussed. He further stated that if there were no Council objections to the proposal, he would advise them of the City's support of the additional charge. It was the consensus of Council to support the additional charge in order to establish a fund to pay for school crossing guards. There being no further business, the meeting adjourned at 8:20 p.m. ~~b Robert A. Pool, Mayor Attest: f ~. M~.RANDUM OF VOTIN<eCONFLICT ; FORM 4 I LAST NAME-FIRST NAME-MIDDLE NAME Huff, Richard L. THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: MAILING ADDRESS P.O. Box 659 .. aclTY o COUNTY e OTHER LOCAL AGENCY eSTATE CITY COUNTY Clermont Lake NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED August 13, 1985 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 divided 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 DA YS 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 Agenc;y created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent 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 Auqust 13 ,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. I CE FORM 4. REV. 10-84 PAGE I . ~ . . (! '. . \, ) ~b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: "1 August 15, 1985 ~ j( Date Filed Signature Please see PART C for instructions on when and where to file this form. PART B 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 I S 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 1 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 ofthe 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 STATUTESfll2.317(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 55.000. PA.GE 2 CE FORM 4 - REV. 1()"84