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05-28-1985 Regular Meeting e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28~ 1985 The Regular Meeting of the City Council of the City of Clermont was held on Tuesday, May 28, 1985 in the City Council Chambers. The meeting was called to order by Mayor Pool at 7:30 p~m~ with the following Council Members in attendance: Mayor Pro Tem Turvi11e, Council Member Co1e~ Council Member Henry and Council Member Huff. Other City Officials present were Acting City Manager Saunders, City Attorney Baird, and Deputy City Clerk Brandt~ INVOCATION The Invocation was offered by Reverend Bruce Stewart followed by the repeating of The Pledge of Allegiance to the Flag by all present. MI NUTES . The Minutes of the Regular Meeting held May 14, 1985 and the Workshop Meeting held May 16, 1985 were approved as presented. At the suggestion of Acting City Manager Saunders, reports were deferred until after the presentation of Commendations by the Police Department and the American Red Cross. CLERMONT POLICE DEPARTMENT COMMENDATIONS Police Chief Prentice Tynda1 appeared before Council to present certi- ficates of appreciation to William Dicami11as and John Hurtak whose quick thinking and willingness to get involved prevented a strong-arm robbery at South Lake Plaza. AMERICAN RED CROSS COMMENDATIONS Ray McMahon~ a representative of the American Red Cross~ appeared before Council to present commendations to Wayne Windham~ Alberto Cabana~ Don Ne1ton~ Patrolman Carl Cap1es~ and Private Danny Lyons whose quick actions during an industrial accident saved the hand of a worker at Clermont Builders Supply. REPORTS ACTING CITY MANAGER SAUNDE~S' REPORT FIRE TRUCK It was reported that the new fire truck which was ordered last fall had been delivered early, and a budget amendment was needed in the amount of $35,756 for the down payment and $1~657 to install a new radio in the truck~ 85-91After a brief discussion~ A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMENDMENT IN THE AMOUNT OF $35,756 FOR THE DOWN PAYMENT AND ~57 FOR THE RADIO TO BE TAKEN FROM GENERAL FUND RESERVES. TURNOUT GEAR It was reported that Fire Chief Smythe had received a request from the newly organized Ya1aha Volunteer Fire Department asking for donations of any equipment the City may no longer need. Fire Chief Smythe has six sets of outdated turnout gear which he would like to declare surplus and donate to the department. This equipment is not OSHA approved, but would give the Ya1aha Depart- ment something to start out with. e e CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28, 1985 Page -2- After a brief discussion, it was the consensus of Council to declare the six sets of turnout gear surplus equipment and donate them to the Ya1aha Volunteer Fire Department~ MOBILE HOME PARK It was reported that Mr~ Adams and Mr~ Be11~ developers of a new mobile home park on Highway 21~ would like to meet with the Council to discuss their plans for this deve1opment~ After a brief discussion, it was the consensus of Council to hold the Workshop Meeting on Thursday, May 30, 1985 at 1:00 p.m~ in the City Hall Conference Room. FENCE FOR CHESTNUT STREET PARK Acting City Manager Saunders reported that only one proposal of $1050 had been received for fencing the Chestnut Street Park. It was reported that the developer may construct his own privacy fence on part of the property, and the City would not have to fence the entire area. It was decided to delay the purchase of any fence at this time, in order to determine exactly what amount of the fence the developer would install. COUNTY MEETINGS It was reported that the Lake County Planning and Zoning Commission would meet at 2:00 p.m. and the Lake County Water Authority at 5:30 p.m. on Wednesday, May 30, 1985. VISITORS WITH BUSINESS RICHARD WOY~ 230 CRESTVIEW DRIVE - REAR YARD SETBACK VARIANCE Mr. Richard Woy appeared before Council to request a rear yard set- back variance in order to install a deck around his above the ground pool. This deck would penetrate 11' into the required rear yard set- back of 25'. Mr~ Woy explained that his lot was shallow, and the rear of the property sloped steeply upward~ and that the deck he wished to install would bring the top of his pool level with the hill in the rear yard. Mayor Pool stated that he had viewed the site~ and understood what Mr. Woy wished to do. He further stated that Mr. Woy's rear yard abuts a dead orange grove. Council Member Turvi11e stated that variances were granted when a hardship existed for the property owner, and further stated that he believed that no hardship existed in this case. Mr. Tom Searles and Mr~ Thomas Kelly, both neighbors of Mr~ Woy~ spoke in favor of granting the request~ Mr~ Woy stated that without the variance, the placement of the deck would not be as aesthetically pleasing. It was also discussed that if the pool had been an in the ground mode1~ no variance would be re- quired and the deck could have been built at grade to within 1-1/2' of the rear lot 1ine~ 85-92 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO DENY MR~ WOYS REQUEST FOR A REAR YARD VARIANCE FROM THE REQUIRED 25' TO 8'. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28, 1985 Page -3- LAKE HIGHLANDS NURSING HOME, AMENDMENT TO CONDITIONAL USE PERMIT Mr. Herb Rogers, owner of Lake Highlands Nursing Home~ appeared before Council to answer any questions concerning his architect's request to change the face1ift requirements on the existing apartment wing. Condition #2 of the Conditional Use Permit for Lake Highlands Nursing Home requires that the existing building must be face1ifted as shown on the architect's conceptual p1ans~ Mr~ Rogers explained that they wished to reduce the number of mansard facia units from four to two~ positioning them to balance out the windows. Also, the decorative parapet and the end section of the bUilding would be retained for appearance. After a brief discussion, it was the consensus of Council that the alternate design for the existing building was more symmetrical and aesthetically pleasing than shown on the architect's conceptual plans for the bui1ding~ 85-93A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER HENRY AND UNANIMOUSLY CARRIED TO ADOPT AN AMENDMENT TO TO THE EXISTING CONDITIONAL USE PERMIT FOR LAKE HIGHLANDS NURSING HOME REDUCING THE THE NUMBER OF MANSARD FACIA UNITS TO TWO (2) OF EQUAL WIDTH AT THE LOCATIONS SHOWN ON THE PROPOSED ALTERNATE ELEVATION PLAN~ AND RETAIN- ING THE EXISTING DECORATIVE PARAPET~ JOYCE WALKER, CHAMBER OF COMMERCE - NEW CLERMONT BROCHURE Mrs. Joyce Walker appeared before Council to request financial aid from the City to design and print a new Chamber brochure for the City~ Mrs Walker explained that the last brochure had been printed in 1961; and a new one promoting the City is definitely needed~ It was further explained that the Chamber has $2000 from the "Red Stocking Review" and another $2~000 was needed to pay the cost of $4~020 to design and print 10~000 brochures~ Mayor Pool stated that he could see the need for the brochure. Council Member Turvi11e concurred with the Mayor and stated that he could see no problem with this request because the community is the direct recipient of the project~ 85-94After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFFL SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMENDMENT GRANTING THE CHAMBER OF COMMERCE AN AMOUNT OF MONEY, NOT TO EXCEED $2,000, FROM RESERVES FOR THE DESIGN AND PRINTING OF A NEW CLERMONT BROCHURE~ LARRY OGDEN REQUEST FOR OUTDOOR SALES PERMIT Larry Ogden appeared before Council and stated that he was not pre- pared to discuss his proposed project at this time and asked that he be allowed to come to the Thursday Workshop to inform the Council exactly what it was that he wanted to do. City Attorney Baird stated that it would not be appropriate for him to come to the Workshop, and that he needed to put a definite re- quest in writing stating exactly what he wants to do~ in order to eliminate going back and forth on the request~ Acting City Manager Saunders asked that Mr. Ogden call him to set up a time to discuss his project and put his request in writing before a final Council decision is made~ e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28~ 1985 Page -4- FINAL READING OF ORDINANCE 173-M~ STREET CLOSING ON THE NORTH SIDE OF LAKE WINONA As requested during the April 23, 1985 Council Meeting~ Mr~ Oakley Seaver stated that Mr~ George Mayfield had purchased the property described as Lots 1~ 2, 3 and 17~ Block 88~ and plans to build a nursing home on it~ Acting City Manager Saunders stated that another problem has come to light, and should be addressed before the City makes any decision about closing the street~ It appears that the sewer pipe which runs on this property was not laid in the street right-of-way and the City cannot find a recorded easement for the sewer line. Mr. Seaver stated that Mr. Horton, in conducting a title search for the property, had found such an easement. Mr. Baird stated that he would contact Mr. Horton and report back to Council. 85-95 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THIS MATTER UNTIL SUCH TIME AS A VALID SEWER EASEMENT CAN BE OBTAINED AND RECORDED FOR THE PROPERTY~ FINAL READING OF ORDINANCE 244-C, BUILDINGS It was reported that this ordinance revises the present bUilding ordinance in order to ensure that the City's present procedures and codes are consistent with the County's~ Council Member Huff pointed out that former City Manager George Forbes and representatives from area builders had met and agreed with the ordinance~ and all corrections made are consistent with the County~ Mayor Pool called for comments from those present in the audience, and no one spoke for or against the proposed ordinance~ 85-96 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 244-C, BUILDINGS~ THE ORDINANCE WAS READ BY TITLE ONLY. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS HUFF, TURVILLE~ COLE AND HENRY; AYE AND MAYOR POOL, AYE. RELIGIOUS GROUPS' USE OF JENKINS AUDITORIUM City Attorney Baird reported that~ as requested by Council, he had done a considerable amount of research on the problem of allowing a church to use a City facility on a regularly scheduled basis for an unspecified period of time, and would like to address this matter~ Mr~ Frost~ a member of the Mormon Church, and other church leaders were present to ask that they be allowed to rent Jenkins Auditorium for church services until such time as they could build a church. Mr. Baird stated that he had researched Constitutional Law, Florida Law and checked with several area City Attorneys who have had similar problems and done similar research into this matter~ Mr~ Baird stated that they all seemed to be in agreement with the results of their re- search; the bottom line being it would be inappropriate for the City to schedule on a regular basis the use by a church of a public facility. e . CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28, 1985 Page -5- Mr. Baird further stated that it was a long and drawn out research, and that he was preparing a written opinion for the Council. One of the problems is the separation of church and state doctrine and the use of public funds for religious groups. The courts and Constitution make a destinction between service groups and educational groups, as opposed to religious groups. Although Clermont is a very religious City, it must still follow the legal principles being worked with~ Mr~ Baird recommended that the Council no longer allow the scheduling of City owned facilities on a regular basis by church groups. He stated that he did not see a problem in them using the facilities on a temporary basis, every now and then, but not on an on going basis. Reverend Bruce Stewart, who was present in the audience, stated that his church had been denied use of the auditorium on a regular basis. Mr. Frost asked Mr. Baird if this recommendation would cover all City owned buildings, and Mr. Baird stated that it did. Mr. Frost asked for a period of time to still be allowed to use the building while the church searched for a new building to hold services. 85-97 After some further discussion, aA MOTION WAS MADE BY COUNCIL MEMBER COLE TO STOP THE CHURCH'S USE OF THE AUDITORIUM IMMEDIATELY. This motion died for lack of a second~ 85-98 A MOTION WAS THEN MADE BY COUNCIL' MEMBER HUFF, SECONDED BY' COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ALLOW THE CHURCHES USING JENKINS AUDITORIUM AND THE HIGHLANDER HUT TO USE THE BUILDINGS FOR THREE MORE WEEKS AND THEN DISCONTINUE THE USE OF CITY FACILITIES ON AN ON GOING REGULARLY SCHEDULED BASIS BY RELIGIOUS GROUPS~ City Attorney Baird stated that a written policy on this matter would be developed. LAKE COMMUNITY ACTION AGENCY Lester Cole stated that he would be willing to serve as the City's representative to the Lake Community Action Agency, and Mayor Pool appointed him to the position. APPOINTMENT OF A NEW CITY MANAGER It was reported that the Council had completed the City Manager selection process, and were prepared to choose a new City Manager. 85-99 ~OTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO APPOINT WAYNE SAUNDERS AS CLERMONT'S CITY MANAGER~ City Attorney Baird stated that he had reviewed Mr. Saunder's Employment Agreement and that it was a fairly standard document. However, he had a problem with Paragraph 8, Section C which provides that the City shall provide the employee with insurance protection in- cluding comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of the employee arising out of his employment. Mr. Baird stated that this is fairly standard language in this type of agreement~ and in addition it goes on to state that the City would defend, save harmless and indemnify the employee aginst any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the per- e e. CITY OF CLERMONT MINUTES REGULAR COUNCIL MEETING May 28~ 1985 Page -6- formance of the employee's duties. Mr. Baird stated that this also was fairly standard language, but he would like to add a provision excepting illegal or criminal acts~ Mr. Baird stated that the period should be removed from the last sentence of Section C~ a comma inserted, and the following words added: "excepting illegal or criminal acts"~ 85-100 After a brief discussion of the employment agreement~ A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE EMPLOYMENT AGREEMENT WITH MR. SAUNDERS AS AMENDED BY CITY ATTORNEY BAIRD TO INCLUDE THE FOLLOWING WORDS AT THE END OF PARAGRAPH 8, SECTION C: "EXCEPTING ILLEGAL OR CRIMINAL ACTS". There being no further business, the meeting adjourned at 9:25 p.m. ~M~~___ Attest: JUli~:a~" ~~Clerk