05-28-1985 Regular Meeting
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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Fire Chief Smythe has six sets of outdated turnout gear which he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.
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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'.
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May 28, 1985
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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~
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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.
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May 28, 1985
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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-
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REGULAR COUNCIL MEETING
May 28~ 1985
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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