09-22-1987 Regular Meeting
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REGULAR COUNCIL MEETING
September 22, 1987
The Regular Meeting of the City Council of the City of Clermont
was held Tuesday, September 22, 1987 in the Council Chamber,s. The
meeting was called to order at 7:30 p.m. by Mayor Pool with the
following Council Members in attendance: Mayor Pro Tem Turville,
Council Member Cole, Council Member Huff and Council Member Dupee.
Other City Officials present were City Manager Saunders, City
Attorney Baird, Finance Director Van Zile and Deputy City Clerk
Brandt.
INVOCATION
The Invocation was offered by Nilsa Whitehead followed by the
repeating of The Pledge of Allegiance to the Flag by all present.
MINUTES
The minutes of the Regular Meeting held September 8, 1987 and the
Special Meeting held September 9, 1987 were approved as presented.
REPORTS
CITY MANAGER SAUNDERS' REPORT
WORKSHOP
City Manager Saunders reminded the Council of the Workshop to be
held on Wednesday, September 23, 1987 at 8:30 p.m. in the Council
Chambers to discuss the possible annexation of the Minneola Harbours
project.
SPECIAL MEETING TO CANVASS THE BALLOTS
City Manager Saunders advised the Council that a Special Meeting
to canvass the ballots after the Primary Election would need to
be held within six days after the election.
It was the consensus of Council to hold the meeting at 8:00 a.m. on
Wednesday, October 7, 1987.
GRANT APPLICATION REQUIREMENT - CONCEPTUAL PLAN FOR OSWALT PROPERTY
City Manager Saunders reported that the grant the City was applying
for to help purchase the Oswalt property required submission of a
conceptual plan and environmental assessment for the property, and
as discussed before, he would like Council approval to retain Lake
Land Planning to do this work at a cost of $1,000.
Mr. Saunders further explained that he had met with Steve Adams of
Lake Land Planning to discuss the City's ideas and plans for the
property, and was favorably impressed with a preliminary conceptual
plan presented by Mr. Adams. Mr. Adams has had previous experience
in this type of work, having participated in the City of Tavares
successful grant application.
87-172 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED TO RETAIN
LAKE LAND PLANNING FOR A FEE OF $l,OOO TO PREPARE A CONCEPTUAL PLAN
AND ENVIRONMENTAL ASSESSMENT FOR THE OSWALT PROPERTY.
COOPER MEMORIAL LIBRARY BOARD OF DIRECTORS' REQUEST
City Manager Saunders also stated that he had received a request from
the Board of Directors of Cooper Memorial Library asking the City's
help in paying for $500 worth of repairs to the air conditioning system.
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It was the consensus of Council to make discussion of this request an
agenda item for the next Council Meeting.
CITY ATTORNEY BAIRD'S REPORT
City Attorney Baird explained that he had prepared a contract between
the City and seller to purchase property required for the City's flow
equalization chamber, and asked for Council approval for the Mayor to
sign the contract on behalf of the City.
Under discussion, City Attorney Baird explained that the seller of
the property had given an option to a third party to purchase the
property, but was willing to sell the City two acres for $30,000
and donate one acre, thus saving the City approximately $5,000.
87-173 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL
MEMBER HUFF AND UNANIMOUSLY CARRIED TO HAVE MAYOR POOL SIGN THE
CONTRACT TO PURCHASE THE TWO ACRES OF PROPERTY FOR $30,000.
COUNCIL MEMBER DUPEE'S REPORT
As the City's representative to the East Central Florida Regional
Planning Council, Mrs. Dupee asked if the Council wished for her
to vote in favor of or against raising the fee schedule for DRI
reviews. Council Member Dupee further stated that the ECFRPC
only receives $48,000 from the State.
Much discussion ensued, with City Attorney Baird asking who pays
for the DRI reviews. Mrs. Dupee stated that the developer pays
for the reviews and cited as an example that the proposed fee
for review of a 800 - 1,500 unit multi million dollar development
would be increased from $6,000 to $10,000, with other fees varying
according to the size of the proposed development.
City Attorney Baird stated he believed that the developer should
pay for the reviews, but that the study should be commensurate
with the service he gets.
87-174 After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR
TO ONE VOTE WITH COUNCIL MEMBER HUFF VOTING NAY, TO FAVOR A RATE
STRUCTURE INCREASE FOR DRI REVIEWS.
COUNCIL MEMBER TURVILLE'S REPORT
Council Member Turville reported that parking at the High School
was still causing problems on East Avenue, and at the same time
he had counted twenty-eight empty parking spaces in the new school
parking lot.
City Manager Saunders stated that the Principal at the High School,
David Coggshall, had recommended "No Parking" signs or limited time
parking signs on East Avenue to help alleviate the problem, and he
would have to concur that the signs would be the answer.
Much discussion of other possible solutions occurred, and it was
the consensus of Council to place this matter on the agenda of
the next Council Meeting.
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MAYOR POOL'S REPORT
Mayor Pool reported that he had received several complaints about
the litter around Center Lake and suggested that perhaps some
service club or scout group would clean up the area as a service
project.
PUBLIC HEARING
RESOLUTION H 562 - ESTABLISHING AN AD VALOREM MILLAGE RATE
Mayor Pool explained that this resolution would adopt an ad valorem
millage rate for fiscal year 1987-1988 of 2.429, which is the same
as last year's rate and represents a 2.7% increase over the rolled-
back rate.
87-175
Mayor Pool called for comments from those present and no one spoke
for or against the proposed millage rate.
Mayor Pool then read Resolution H562 in its entirety, and A MOTION
WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION
1562 ESTABLISHING THE CITY'S AD VALOREM MILLAGE RATE AT 2.429. THE
RESOLUTION WAS READ IN ITS ENTIRETY.
RESOLUTION H563 - GENERAL FUND BUDGET
Mayor Pool explained that this resolution would adopt the budget
for the General Fund which provides for the following services of
the City: police and fire protection, maintenance of streets and
sidewalks, parks and recreation, fleet maintenance, street lights,
animal control, legal services and administration. 'Also included
in the fund are monies for special activities including the library
and recreation programs.
The General Fund Budget includes total revenues of $1,632,979 and
reflects an increase of 8% over last year's budget. Proposed
expenditures are $1,688,781 which also reflect an increase of 8%
over last year.
Mayor Pool then called for comments from those present and no one
spoke for or against the proposed General Fund Budget.
87-176 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION 1563 ADOPTING THE CITY'S GENERAL FUND BUDGET. THE
RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION H564 - SANITATION FUND BUDGET
Mayor Pool explained that the Sanitation Fund provides for garbage
and trash collection for the City. Revenues are projected to be
$279,040 which is an increase of 4% over last year's budget, and
proposed expenditures are budgeted at $276,666 or an increase of
13%. The increase in expenditures is due mainly to capital outlay
for a new packer body for a garbage truck and increased landfill
costs. '
Mayor Pool called for comments and no one spoke for or against
the proposed Sanitation Fund Budget
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87-177 A MOTION WAS THEN MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
MEMBER DUPEE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION #564 ESTABLISHING THE CITY'S SANITATION FUND BUDGET
FOR FISCAL YEAR 1988. THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION H565 - UTILITIES FUND BUDGET
Mayor Pool explained that this fund provides for the City's water
and sewer services to over 2,600 customers. Revenues are projected
to be $1,044,200 which is an increase of 1% over last year and
expenditures are budgeted at $988,994 which is an increase of 9%
over last year. The increase of expenditures is due mainly to the
debt service requirement of the treatment plant expansion project
now under construction.
Mayor Pool called for comments from those present and no one spoke
for or against the proposed budget.
87-178 A MOTION WAS THEN MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION 1565 ESTABLISHING A UTILITIES FUND BUDGET FOR FlSCAL YEAR
1988 FOR THE CITY. THE RESOLUTION WAS READ BY TITLE ONLY. .
Upon completion of adoption of the budget for fiscal year 1987-1988,
the Mayor commended the City Staff for their work in putting together
a conservative, cost effective budget.
VISITORS WITH BUSINESS
FRED SOMMER - REQUEST TO HOLD A STREET PARTY
Fred Sommer appeared before Council to request permission to hold
a dinner and street dance the evening of October 31, 1987 following
the Florida Challange Triathlon.
Mr. Sommer stated that the awards dinner would begin at 6:00 p.m.
followed by the dance which would begin at 8:00 p.m. and end at
midnight. The dance would be open to the general public as well as
the triathletes.
Several Council Members praised Mr. Sommer's efforts in putting on
the triathlons over the past few years, and wished him well with
the October event.
87-179 After a brief discussion of the request, A MOTION WAS MADE BY COUNCIL
MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF AND UNANIMOUSLY CARRIED
TO GRANT MR. SOMMER PERMISSION TO HOLD A DINNER AND STREET DANCE ON
THE EVENING OF OCTOBER 3l, 1987.
STEVE GRIMM VARIANCE REQUESTS
Mr. Steve Grimm appeared before Council to request two variances
to the rear yard setback requirement for his property located at
1760 Twelfth Street. The first request was to install a screened
enclosure for the existing swimming pool six feet from the rear
property line, whereas nine feet is required.
City Manager Saunders explained that in November of 1986 the City's
Zoning Ordinance was clarified to include that pool decking must
also be located nine feet from the property line. Prior to this
only the pool had to be located 9' from the property line, and
the revision of the ordinance has placed a hardship on Mr. Grimm's
property because his pool had been installed under the old ordi-
nance. Mr. Saunders also pointed out that the proposed pool
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REGULAR COUNCIL MEETING
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enclosure would not have any roof, nor would it interfere with the
free flow of light and air.
It was pointed out that requests similar to Mr. Grimm's second
request for a rear yard setback of 19' whereas 25' is required in
order to construct an addition to a screen room with a roof had
been denied in the past, and that within the past year two such
requests in Mr. Grimm's neighborhood had been denied.
Under discussion, it was pointed out that Mr. Grimm could have a
3' overhang into the 25' rear yard setback requirement with no
variance, and therefore could have a four foot overhang on the
back of his house with no variance.
87-180 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL
MEMBER COLE AND UNANIMOUSLY CARRIED TO GRANT THE VARIANCE TO THE
REAR YARD SETBACK REQULREMENT OF 9' to 6' FOR THE POOL ENCLOSURE
AND TO DENY THE REQUEST FOR THE REAR YARD SETBACK REQUIREMENT OF
25' TO 19' FOR THE ROOFED ENCLOSURE. .
UNFINISHED BUSINESS
SOUTH LAKE ART LEAGUE REQUEST FOR A CONTRIBUTION
It was reported that the South Lake Art League had requested a
contribution of $300 from the City to help with operating expenses
such as electric and water bills.
Mayor Pool stated that he believed that any contribution from the
City should not go toward expenses, but could be utilized to
promote a specific art project. It was pointed out that several
years ago the City had made donation to the Art League to help
sponsor art for children and the past two years the City has
donated to the "Big Draw" art contest.
87-181 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
AND SECONDED BY COUNCIL MEMBER DUPEE TO GRANT THE RE UEST FOR THE
DONATION ONLY FOR THE PROMOTION OF ART IF IT I TIED TO THE
PARKS AND RECREATION COMMISSION S SUMMER RECREATION PROGRAMS.
After the motion was made and seconded, some further discussion
of the request occurred. Council Member Turville stated that he
was leary of allocating taxpayers' money to the Art League to
help pay expenses. THE MOTION AND SECOND WERE THEN WITHDRAWN.
The City Manager was directed by Council to contact the Art League
I
to explain the Council's position.
NEW BUSINESS
INTRODUCTION OF ORDINANCES l87-M THROUGH 190-M - COMMERCIAL GARBAGE
COLLECTION FRANCHISES
It was explained that Ordinances l87-M and l88-M were renewals
of existing franchises with Dump All, Inc. and Commercial Garbage
Collection (formerly South Lake Refuse), and Ordinances l89-M
through 190-M were new franchise agreements with A & A Sanitation,
and DisposAll.
It was pointed out that with the passage of these ordinances, all
six companies franchised within the City would be operating under the
same conditions. Presently, the franchise fee being paid to the City
is l%, which will increase to 7.5% on December 1, 1987.
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8'7-182 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL
MEMBER DUPEE TO INTRODUCE ORDINANCE l87-M.
Laura Cook, who was present in the audience, stated that her
husband had been injured by a faulty dumpster and questioned
the Hold Harmless Clause in the contract provided by the
company.
. 87-183 A MOTION WAS MADE BY COUNCIL MEMBER COLE AND SECONDED BY COUNCIL
MEMBER TURVILLE TO INTRODUCE ORDINANCE lBB-M.
87-184 A MOTION WAS MADE BY COUNCIL MEMBER DUPEE AND SECONDED BY COUNCIL
MEMBER HUFF TO INTRODUCE ORDINANCE l89-M.
87-185 A MOTION WAS MADE BY COUNCIL MEMBER HUFF AND SECONDED BY COUNCIL
MEMBER DUPEE TO INTRODUCE ORDINANCE 190-M.
The ordinances were read by title only by Mayor Pool. The final
reading and adoption is scheduled for the October 13, 1987 Council
Meeting.
AUDIT AGREEMENT
Each Council Member received a copy of this year's agreement for
auditing services with the firm of Greenlee, Kurras, Rice and Brown.
City Manager Saunders explained that the fee for last year was
$16,000 and this year's fee would be $18,000. Last year the
original agreement was for $14,000, but the auditors requested an
additional $4,000 for added expenses due to additional reporting
requirements which had to be met. At that time the City agreed
to split the additional costs and the contract was increased to
$16,000. This year's fee of $18,000 is comparable to fees charged
for other cities the size of Clermont.
It was pointed out that the firm had been the City's auditors for
a number of years and that they were always willing to help the
City any time during the year.
87-186 After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO
THE AUDITING AGREEMENT FOR AUDITING SERVICES WITH THE FIRM OF GREENLEE
KURRAS, RICE AND BROWN IN THE AMOUNT OF FOR THE FISCAL YEAR
ENDED SEPTEMBER , 1 87.
CHANGE ORDER HI - LAKESHORE DRIVE PROJECT
City Manager Saunders explained that the document was Change Order
HI for the reconstruction of Lakeshore Drive, and was actually a
correction to the original contract to remove the alternate bid
from the contract. The bid award was for only the first phase,
but an error was made in the original contract which included the
alternate.
This Change Order will correct all documents to reflect only the
first phase, which was awarded.
87-187 A MOTION WAS MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL MEMBER
DUPEE AND UNANIMOUSLY CARRIED TO APPROVE CHANGE ORDER II FOR THE
LAKESHORE DRIVE PROJECT WHICH WILL CORRECT ALL BID DOCUMENTS TO
INLUDE ONLY THE FIRST PHASE OF CONTRUCTION WHICH WAS AWARDED.
-iiiiiili.
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PROPERTY APPRAISAL AGREEMENT
City Manager Saunders explained that the application for the grant
to purchase the recreation site on Twelfth Street required that the
City obtain two State approved appraisals on the property. Proposals
were requested from eight different appraisal firms, and the following
five proposals were received:
Craig H. Clayton
George C. Barilone
Real Property Analysts
J.F. Kurras
Hastings & Associates
$2,800
$2,800
$2,950
$3,500
$4,200
City Manager Saunders then recommended that the City accept the
87-188 two lowest proposals, and A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED
TO ACCEPT THE PROPOSALS OF CRAIG H. CLAYTON AND GEORGE C. BARILONE
EACH IN THE AMOUNTY OF $2,~00 FOR THE REQUIRED STATE APPROVED
APPRAISALS OF THE TWELFTH TREET PROPERTY.
BUDGET AMENDMENT
Finance Director Van Zile explained that the budget amendment, which
is actually a transfer of funds from Salaries and Benefits to Repair
and Maintenance - Buildings for the listed departments, was necessary
due to the City's conversion in January of 1987 to an outside jani-
torial service. Mr. Van Zile further explained that a salary had
been budgeted for the 1987 budget year for a fulltime employee, but
with the reti.rement of Percy Coleman on December 31, 1986, the City
went with the private janitorial service, and costs had to be
allocated for maintenance of the City's buildings. The budget
amendment was recommended as follows:
GF H13
Increase - Finance
Increase - Police
Increase - Other General Government
Increase - Parks - Recreation
Decrease - Salaries - Benefits
Repair-Maint.
Repair-Maint.
Repair-Maint.
Repair-Maint.
- Buildings
- Buildings
- Buildings
- Buildings
$1,162
$1,073
$ 179
$2,055
[$4,469]
Under discussion of this budget amendment, it was the consensus of
Council that this method would be a more equitable method of allo-
cating costs for maintenance of the City's bUildings.
87-189A MOTION WAS THEN MADE BY COUNCIL MEMBER HUFF, SECONDED BY COUNCIL
MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ADOPT THE BUDGET AMEND-
MENT AS RECOMMENDED BY FINANCE DIRECTOR VAN ZILE AND AS LISTED
ABOVE.
APPOINTMENTS
ELECTION BOARD
It was reported that the City would be holding a Primary Election
on October 6, 1987, due to the qualifications of three people for
Seat IV. It was recommended that the following people be appointed
to the Election Board for this election, and that they be paid $3.75
per hour for fourteen hours of work, with the Clerk receiving an
additional $15 for extra duties:
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September 22, 1987
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Millard Coggshall, Clerk
Goldie Wilson Florence Herda
Frances Oswalt Ella Mae Sheldon
Betty Konsler Charles, Konsler, Deputy
87-190 A MOTION WAS MAE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER
COLE AND UNANIMOUSLY CARRIED TO APPOINT THOSE PEOPLE LISTED ABOVE TO
TO THE ELECTION BOARD FOR THE OCTOBER 6, 1987 PRIMARY ELECTION WITH
COMPENSATION AS RECOMMENDED.
PLANNING AND ZONING COMMISSION APPOINTMENT
87-191
It was reported by City Manager Saunders that a vacancy had been
created on the Planning and Zoning Commission with the recent
recommendation and subsequent removal of Gloria Johnson.
Mr. Saunders then asked if anyone wished to make an appointment
to fill the vacancy. Council Member Dupee stated that she would
like to recommend Dorothy McGriff to fill the vacancy. Council
Member Huff then moved that the nominations be closed and A MOTION
WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER HUFF
AND UNANIMOUSLY CARRIED TO APPOINT DOROTHY MCGRIFF TO FILL THE
UNEXPIRED TERM OF GLORIA JOHNSON ON THE PLANNING AND ZONING
COMMISSION.
PUBLIC COMMENTS
Laura Cook and Kathy Parsell, who were present in the audience,
expressed their desire to work with the City in any capacity to
help rewrite the Animal Control Ordinance and Impoundment Pro-
cedures.
Council Member Turville stated that he would like to hold a
Workshop to discuss the new Animal Control Ordinance and Impound-
ment Procedure. It was the consensus of Council to hold the
Workshop on Tuesday, September 28, 1987, at 6:00 p.m. in the City
Hall Conference Room.
Council Member Huff asked of the status of rewriting the sign
ordinance. City Manager Saunders stated that the project has
been on hold since the City Planner left, but that he would get
the Committee back together to continue with the project.
There being no further business or discussion, the meeting
adjourned at 9:15 p.m.
&~~
Ro ert A. Poo, ayor
Attest:
~~tJJZ City Clerk