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11-22-1983 Regular Meeting . CITY OF CLERMONT . MINUTES REGULAR COUNCIL MEETING November 22, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, November 22, 1983 in the City Council Chambers. The meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Turville, Council Member Dupee, Council Member Cole, and Mayor Pro Tern Pool. Other City Officials present were: City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. The Invocation was offered by Mayor Pro Tern Pool followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Council Meeting held November 8, 1983 were approved as presented. .1 I CITY MANAGER'S REPORT PRE-APPLICATION FOR FMHA LOAN City Manager Forbes asked permission from the Council to file a pre- application for the FmHA loan for the waste treatment plant expansion. This will allow the City to see what the interest rates will be and give economic indicators which will allow the City to choose the best :3-193 method of financing. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANI- MOUSLY CARRIED TO GRANT THE CITY MANAGER PERMISSION TO FILE THE PRE- APPLICATION FOR THE FMHA LOAN TO EXPAND THE WASTE TREATMENT PLANT. $50,000 GRANT FOR LIBRARY EXPANSION It was explained that Cooper Memorial Library's application for a $50,000 matching funds grant to expand the library building had been approved. In order to receive the funds, the City must enter into an agreement with the State. City Attorn~y Baird stated that he had looked over the agreement and found it to be of a fairly standard form. City Manager Forbes asked for Council's permission to execute the agreement, 3-194 and A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ENTER INTO THE AGREEMENT WITH THE STATE TO OBTAIN $50,000 IN MATCHING FUNDS FOR THE EXPANSION OF COOPER MEMORIAL LIBRARY. CENTER LAKE CLEAN UP It was explained that City crews had cleared as much vegetation as possible from around Center Lake. A bid of $1,800 had been received from Randy's Underwater Weed Removal to mow the cattails which remained. Randy's is the only company in this area which does this type of work, and that it would take approximately three weeks to schedule them. Council Member Dupee stated that Center Lake was much improved and that she would like to see the work completed. 3-195 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO HIRE RANDY'S UNDERWATER WEED REMOVAL TO COMPLETE THE WORK AT CENTER LAKE AT A COST OF $1,800 WHICH WILL BE TAKEN FROM CONTINGENCIES. TELEPHONE RENTAL AT PUBLIC WORKS DEPARTMENT It was reported that the City had asked the same company who installed the telephone system at City Hall to look over the equipment in the Public Works Department and make a proposal to install a system there. The representative from the company recommended that the City purchase the existing equipment from the telephone company because it was adequate for the Public Works Department's needs, and the price of $625 could not be met. After some discussion, it was the consensus of the Council to allow the purchase of the telephone equipment in the Public Works Depart- ment from United Telephone Company for $625 in six monthly installments. ~ . CITY OF CLERMONT . MINUTES REGULAR COUNCIL MEETING November 22, 1983 Page -2- EDB CONTAMINATION It was reported that many people from surrounding areas had wells contaminated with EDB and they had been receiving water from South Lake Memorial Hospital. A request had been made for the City to provide a distribution site, and City Manager Forbes stated that a spigot had been installed outside the fence at the treatment plant which could be used for such a purpose. It was also reported that if citizens were allowed to have access to City water, the Department of Environmental Regulation would reimburse the City 83-196 for the water used. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW CITIZENS WITH EDB CONTAMINATED WELLS ACCESS TO CITY WATER AT THE TREATMENT PLANT WITH REIMBURSEMENT FOR WATER USED FROM THE DEPATMENT OF ENVIRONMENTAL REGULATION. COUNTYWIDE FIRE SERVICES It was reported that Mr. Joe Stephany, Director of Emergency Services for Lake County would be setting up a meeting to discuss providing fire services for unincorporated areas of Lake County. Mr. Forbes stated that a definite date for this meeting had not been set, but he would notify the Council Members when it was confirmed. Mr. Forbes further stated that he would like as many members as possible to attend this meeting because they are the policy makers for the City and should be thinking about future City services in light of the impending vote on Proposition I. SPECIAL COUNCIL MEETINGS IN DECEMBER City Manager Forbes reported that two Special Council Meetings would be needed with regard to the City Election. One would be required on December 5th to prepare the ballot box and the other on December 7th to canvass the ballot. After some discussion, it was the consensus of the Council to hold the December 5th Meeting at 6:00 p.m. and the December 7th Meeting at 9:00 a.m. BAILEY PROPERTY BETWEEN MINNEHAHA AVENUE AND LAKESHORE DRIVE It was reported that the City had received a letter from Mrs. Opal Bailey concerning her property located between Minnehaha Avenue and Lakeshore Drive." Mrs. Bailey contends that the Eleventh Street right-of-way does not exist (however, it is shown on the official zoning maps of the City) and has asked permission to put a fence across the right-of-way to protect her property. After some dis- 83-197 cussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW MRS. BAILEY TO PUT A FENCE ACROSS THE ELEVENTH STREET ROW WITH THE UNDERS- STANDING THAT IF THE STREET IS EVER OPENED, SHE WILL HAVE TO TAKE THE FENCE DOWN. IT WAS REQUESTED THAT MRS. BAILEY PERSONALLY CON- TACT THE CITY ATTORNEY REGARDING THE LEGAL QUESTION OF THE ROW. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee, on behalf of Cooper Memorial Library, invited everyone present to the Library Christmas Open House on December 1st at 7:30 p.m. GROCERY CARTS Mrs. Dupee reported that she had received complaints about grocery carts accumulating in the Lincoln Park area, and asked that this matter be investigated and the carts removed. City Manager Forbes stated that he would have the Building Official take care of this matter. -- CITY OF CLERMONT . MINUTES REGULAR COUNCIL MEETING November 22, 1983 Page -3- CLERMONT HOTEL It was reported that on September 27, 1983 the Council had voted unanimously to delay the lawsuit against the Clermont Hotel for sixty days in order to allow Fred Morrison, the attorney representing the City, time to negotiate a settlement on the building. The sixty day period is due to expire, and no progress has been made in the negotia- tions with the mortgage holders. Mr. Buttitta's Chapter 11 Bankruptcy Hearing is expected to be completed in Federal Court within sixty days. Mayor Beals stated that it was his desire to pursue the matter in the State Circuit Court as soon as possible, and Council Member Turville concurred with the Mayor. City Attorney Baird suggested that the City set a hearing date in sixty days at which time the Chapter 11 proceedings should be completed and thereby no longer delay legal action on this matter. 83-198 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO PURSUE THE CITY'S LITIGATION AGAINST THE CLERMONT HOTEL IN THE STATE CIRCUIT COURT. ATTORNEY MORRISON WAS INSTRUCTED TO SET A HEARING DATE FOR APPROXIMATELY SIXTY DAYS HENCE. COUNCIL MEMBER POOL ABSTAINED FROM VOTING DUE TO A CONFLICT OF INTEREST. VARIANCE REQUEST FOR 1719 FIRST STREET It was reported that on August 23, 1983 the Council had tabled the variance request by Gerald Smith for 90 days in order for him to obtain a survey on his property. Mr. Smith had requested a side yard variance in order to construct a second story deck on his home. Mr. Smith had begun constructing the deck without a build- ing permit. In an R-l-A Zone a nine foot side yard is required. Mayor Beals called for comments from those present in the audience, and no one spoke for or against the variance request. Mr. Smith, the property owner, commented on the survey. Mayor Beals then read a letter from Dr. Frederick Fox, the adjacent property owner to the south, which stated his opposition to the proposed variance if a survey was not obtained. It was further reported that a survey was brought to City Hall late this afternoon, and according to the document; the south edge of Mr. Smith's deck is 3'9" from the south lot line. 83-199 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE VARIANCE REQUEST UNTIL DECEMBER 13, 1983 IN ORDER TO GIVE DR. FOX TIME TO RESPOND TO THE FINDINGS OF THE SURVEY. LEASE AGREEMENTS FOR USE OF OFFICES IN JENKINS AUDITORIUM It was reported that the Chamber of Commerce's lease for offices in Jenkins Auditorium expires on December 31, 1983. As discussed during the last Council Meeting, the Chamber has requested use of two offices and the Lake County Council On Aging wants to lease the Kiwanis Room for its Senior Citizen activities. After a brief discussion of the proposed lease agreements with the two organi- 83-200 zations, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE LEASE AGREEMENT WITH THE CHAMBER OF COMMERCE AS WRITTEN. Upon further discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY CARRIED TO ACCEPT THE LEASE AGREEMENT WITH THE LAKE COUNTY COUNCIL ON AGING AS WRITTEN. BOTH LEASES WILL EXPIRE ON DECEMBER 31, 1984. Jackie Ulch, who is on the Board of Directors for the Chamber of Commerce stated that it was the consensus of the Board that the Lake County Council On Aging could move into the Kiwanis Room prior to January 1, 1984. -- CITY OF CLERMONT - MINUTES REGULAR COUNCIL MEETING November 22, 1983 Page -4- RESOLUTION NO. 458 - CUP FOR W.G. MANAGEMENT It was reported that on June 14, 1983, the City Council had granted W.G. Management a Conditional Use Permit to construct thirty-two townhouse units on property just north of Grandview Apartments. W.G. Management has requested that they be allowed to modify their site plan due to a design change of the townhouses (no additional units will be built). Mr. Robert Duggan, Attorney for W.G. Management, introduced Mr. Robert Farner, Project Engineer for the Development. Mr. Farner explained the project's water retention areas and the use of turf block paving for greater percolation. Some discussion ensued regarding the retention areas and the slope of the land, and the use of turf block paving in the area. Council Member Turville expressed his concern over the use of turf block paving in an area of extreme slope. It was pointed out that the City Engineer must give final site plan approval, and that any problems in these areas must be worked out before the approval can be given. Council Member Dupee recommended that the Resolution be amended by deleting any references to a Community Center since no Community Center was included in the new site plan. After some discussion, 83-201 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 458 AS AMENDED WHICH GRANTS A CONDITIONAL USE PERMIT TO W.G.MANAGEMENT FOR THE CONSTRUCTION OF THIRTY-TWO TOWNHOUSE UNITS ON PROPERTY LOCATED NORTH OF GRANDVIEW APARTMENTS. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. BID AWARD - CITRUS CROP City Manager Forbes reported that although the City had advertised and sent out notices to several area groves and citrus shops, the City had received only one bid fpr the cash bulk sale of fruit owned by the City. A bid of $2,280 was received from the Minneola Citrus Shoppe. Mayor Beals stated that he felt it was improper to accept this bid, due to the fact that Council Member Pool was part owner of the shop, and only one bid was received. Mr. Pool withdrew his bid, and it was the consensus of the Council to readvertise and set the bid opening for December 13, 1983. INTRODUCTION OF ORDINANCE 237-C, CEMETERIES It was reported that the City's Cemetery Ordinance was adopted twenty- two years ago and needed to be updated. The following changes are pro- posed: (1) Delete references to Parks Committee and Cemetery Super- intendent since these positions no longer exist, and (2) Require 100% of the proceeds from cemetery lot sales to go into the Perpetual Care Fund, whereas, presently 25% Resident and 62% Non Resident sales go S3-202 into the fund. THE ORDINANCE WAS INTRODUCED BY COUNCIL MEMBER DUPEE BY TITLE ONLY. INTRODUCTION OF ORDINANCE 238-C, GARBAGE AND TRASH DISPOSAL City Manager Forbes reported that this Ordinance was adopted in 1957 and needed to be updated to reflect the City's present policies. Several changes are proposed: (1) Change the definition of "Director" to Public Works Director, (2) Change the exception to allow actual producer to collect their own garbage, (3) Delete several provisions for extra fees, (4) clarify the limitation of quantity, and (5) delete many references to fees and billings which are obsolete. Council Members and John Fleming who was present in the audience discussed the provisions -- CITY OF CLERMONT . MINUTES REGULAR COUNCIL MEETING November 22, 1983 Page -5- on limitations of quantity. The City Manager stated that he would investi- gate other options with regard to this matter. THE ORDINANCE WAS INTRO- DUCED BY COUNCIL MEMBER COLE BY TITLE ONLY. BUDGET AMENDMENT FOR ENCUMBERED FUNDS City Manager Forbes reported it was necessary and routine to pass a budget amendment for encumbrances and authorized expenditures as of September 30, 1983; pursuant to Finance Director Saunders' Memo dated November 17, 1983 (attached). Encumbrances are items which were authorized during the past fiscal year, but not expended until this fiscal year. After some discus- 83-203 sion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ADOPT A BUDGET AMENDMENT FOR ENCUMBERED FUNDS PERSUANT TO FINANCE DIRECTOR SAUNDERS' MEMO DATED NOVEMBER 30, 1983, AND SO ATTACHED AND MADE PART OF THE OFFICIAL RECORDS OF THE CITY. CITY VEHICLES UTILITY DEPARTMENT City Manager Forbes explained that the Cushman used by the Utility Department needed to be replaced. Funds to purchase a new vehicle have already been included in this year's budget, and Mr. Forbes asked permission to obtain bids for a small truck for the department. It was the consensus of the Council to allow the City Manager to do so. BUILDING DEPARTMENT 83-204 Mr. Forbes reported that the Building Official and he had been sharing a car for several months, and that a new vehicle was needed. This vehicle was previously bid and the Council decided to reject all of the bids and purchase the vehicle from State Contract. $6,800 was budgeted for the purchase of this vehicle. Mr. Forbes asked permission to purchase a Chevrolet Celebrity for $7,075 which is on the State Contract. Delivery of a vehicle from the State Contract would take 90 days. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ALLOW THE PURCHASE OF A 1984 CHEVROLET CELEBRITY IN THE AMOUNT OF $7,075; $6,800 IS ALREADY BUDGETED, AND THE REMAINING $275 WILL BE TAKEN FROM CONTINGENCIES. POLICE DEPARTMENT City Manager Forbes reported that the patrol car which was damaged needs to be replaced and asked permission to order a 1984 Dodge Diplomat. The State Contract price is $9,475.15, and a bid from Bob Wade Ford was for $9,800. The vehicle is budgeted to be paid from Revenue Sharing Funds. It will take about 90 days from date of 83-205 order to receive the vehicle. A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ALLOW THE PURCHASE OF A 1984 DODGE DIPLOMAT FOR THE POLICE DEPART- MENT FOR $9,475.15 WITH FUNDS FOR PAYMENT COMING FROM REVENUE SHARING. There being no further business, the meeting adjourned at 8:50 p.m. _~ r3.I3~ Charles B. Beals, Mayor Attest: ~~vt~,,-, Way Saunders, City Clerk FORM 4 ~_ORANDUM OF V01.-CONFLICT J.AST NAME - FI Pool, Rob _.~~._-- .---- ~.'_.. -.-----. .. RST NAME - MIDDLE NAMa AGENCY la unit of: DATE ON WHICH VOTE OCCURRED ert 11-22-83 ss OSTATE NAME OF PERSON RECORDING MINUTES Avenue OCOUNTY Julie M. Brandt ZIP COUNTY TITLE OF PERSON RBCORDING MINUTti:S 32711 Lake ~MUNICIPALITY Deputy City Clerk Y SPECIFY _. lermont OOTHER - . .-1 MAILING ADDRE 1464 East CITY Clermont 'j I .J NAME OF AGENC City of C -I MEMOR.ANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION LRequired by Florida Statutes ~ 112.3143 (1979) ) If you have voted in your official capacity upon any measure in which you had 8 personal, private, or professional interest which inures tu your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. -I I ; 1. Description of Ole matter upon wbich you voted in your official capacity: . Mr. Pool abstained from voting on the matter of the Clermont Hotel due to 1/4 intere~t in the building. I i ------ ------- \ 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or I the special private gain of any principal by whom you are retained: I I I Mr. Pool is one of the mortgage holders of the Clermont Hotel. a.ffi) Yourself b.D I 1 Principal by whom you are retained: I (NAME) ~_. _.. -. . ]' ~:::~:~~~';H:~: :~:::D~N~W';:lN~~L:SD ~:l~~K T::&T~::S~~ i1: . WHICH THE VOTE OCCURRED: . I ..___ _.__._._....: ____.... __ _.. I 3. Person or principal to whom the special gain described above will inure: 'iIUNATURE , FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meetinll during which the voting conflict occurred with the persoll responsible for recording Ole minutes of Ole meetinll. who shall incorporate the memorandum in Ole meeting minutes. This form need not be Iiled merely to i1idicate the absence of a vQting eonflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~ 112.317 (1879). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES I GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUBPENSION FROM OFFIClt r OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY. REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED '&,000. . F. FORM 4 - REV. 12-'711