09-14-1983 Regular MeetingCITY OF CLERMONT
MINUTES
REGULAR COUNCIL MEETING
September 14, 1983
A Regular Meeting of the City Council of the City of Clermont was held
Wednesday, September 14, 1983 in the 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 Dupee, Mayor Pro Tem Pool, Council
Member Cole, and Council Member Turville. Other City Officials present
were: City Manager Forbes, City Attorney Baird, Finance Director Saunders,
and Deputy City Clerk Brandt.
The Invocation was given by Mayor Pro Tem Pool followed by the repeating of
the Pledge of Allegiance to the Flag by all present.
MINUTES
The Minutes of the Regular Meeting held August 23, 1983 and the Special
Meeting held September 7, 1983 were approved as presented.
CITY MANAGER'S REPORT
HOMECOMING PARADE
It was reported that the High School Homecoming Parade would be held on
Friday, October 7, 1983 at 4:00 p.m., and would follow the same downtown
route as last year. It was the consensus of the Council to allow the parade.
DENNY DOYE PROFESSIONAL BASEBALL SCHOOL
It was reported that Denny Doyle had requested the use of Bishop Field to
conduct his baseball school from February 19, 1984 through April 7, 1984,
from 8:30 a.m. to 3:30 p.m. and that he would donate $200 per week to the
City for use of the field. Mr. Forbes stated that the City had no problems
with the school in the past, and that the donation had gone into the City's
Parks and Recreation Fund. After some discussion, it was the consensus of
the Council to allow Mr. Doyle the use of Bishop Field from February 19th
through April 7th as long as those dates and times did not conflict with
High School or League play. The $200 per week donation will go into the
City's Parks and Recreation Fund.
LANDSCAPING GRANT
It was reported that the City had received approval of its landscaping
grant in the amount of $3,500 this week and must finalize the program
within two weeks. Mr. Bob Smythe, Public Works Director, had obtained
prices for trees and shrubbery from several area nurseries. After some
discussion, it was the consensus of the Council to allow Mr. Smythe to
use his discretion in obtaining the trees and shrubbery to complete
the landscaping grant.
PLANNING AND ZONING CONFERENCE IN ORLANDO
It was reported that there would be a four day Planning and Zoning
Conference in Orlando, October 15, 1983 through October 18, 1983, and
some members of the City's Planning and Zoning Commission had expressed
an interest in attending the meeting. After some discussion, it was
the consensus of the Council to allow them to attend.
ST. JUDE'S BIKE-A-THON
It was reported that a letter had been received from Michelle Delaney,
requesting permission to hold a bike-a-thon in Margree Gardens Subdi-
vision on Saturday, October 1, 1983, to raise money for St. Jude's
Children's Research Hospital. This bike-a-thon has been held in the
past, and there have been no problems. After some discussion, it was
the consensus of the Council to allow Mrs. Delaney to hold the bike-a-
thon on October 1, 1983, with the stipulations that she have proper
traffic control and notify the home owners in the subdivision of the
event.
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REGULAR COUNCIL MEETING
September 14, 1983
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83-149
CHURCH DIRECTIONAL/INFORMATIONAL SIGNS - ST. MATTHIAS EPISCOPAL CHURCH
City Manager Forbes reported that he had received a request from St.
Matthias Episcopal Church to place informational/directional signs on
private property within the City which is not allowed under the City's
Sign Ordinance. However, the City has allowed such signs to be placed
on City street sign posts on Highway 50, and such a sign could be
placed at Lake and Highway 50; two other locations for this type of
sign were also discussed, City property located at the southeast corner
of Lake Minneola Drive and Fifth Street and Montrose and Twelfth Streets.
The signs may be no larger than four square feet (2'x2'). After some
discussion, it was the consensus of the Council to have Mr. Forbes
write the Church and inform them that a sign no larger than 2x2' may
be placed at the three locations mentioned above, with sign placement
to be approved by the City. Since these signs will be placed on City
property, the City reserves the right to remove the signs should any
problems arise in the future.
COUNCIL MEMBER DUPEE'S REPORT
COOPER MEMORIAL LIBRARY
It was reported that the Library
the $50,000 matching funds grant,
building was being remodeled into
had completed its application for
and that the former vault at the
a Young People's Section.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Mrs. Dupee reported that she would attend her first Awards Committee
Meeting of the ECFRPC next Wednesday.
VISITORS WITH BUSINESS
RETIREMENT CEREMONY FOR SED ADAMS
Mr. Sed Adams was called to the podium by Mayor Beals, and together with
Mr. Bob Smythe, they presented Mr. Adams with a gold watch for his over
twenty years of dedicated service to the City. Both gentlemen spoke
highly of Mr. Adams, and all present gave him a round of applause at the
end of the ceremony.
SOUTH LAKE PLAYERS REQUEST TO USE JENKINS AUDITORIUM
City Manager Forbes reported that a letter from the South Lake Players
requesting permission to use Jenkins Auditorium for the current season
had been received. Mr. Joe Wiebush, President of the Players, appeared
before the Council and reported that they would not be using the audi-
torium for rehearsals through December because another building had
been leased for that purpose, and gave the financial report of the group.
After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO ALLOW THE
SOUTH LAKE PLAYERS TO USE JENKINS AUDITORIUM WITH THE SAME CONDITIONS
AS LAST YEAR: 1. WAIVE RENTAL FEES FOR REHEARSALS, BUT CHARGE FOR
PERFORMANCES , 2. OTHER FACILITIES WILL BE USED FOR AS MANY REHEARSALS
AS PRACTICAL, 3. THE FINANCIAL STATUS OF THE GROUP WILL BE REPORTED TO
THE COUNCIL AT THE END OF THE SEASON'S PRODUCTIONS, 4. THE AUDITORIUM
CAN BE USED ONLY ON THE DATES AND TIMES APPROVED BY THE CITY, 5. A
FIFTY DOLLAR DEPOSIT IS REQUIRED, AND 6. THE BUILDING CANNOT BE ALTERED
IN ANY MANNER EXCEPT FOR TEMPORARY STAGE PROPS, WITHOUT CITY MANAGER
APPR(1VAT. _
RESOLUTION NO. 450 - CONDITIONAL USE PERMIT FOR BLUE GOOSE.
Mayor Beals reported that Blue Goose had requested a Conditional Use Permit
to expand its citrus processing plant by adding a 30' x 60' building 0 feet
from the rear lot line. Mr. John Mercer, local manager of the plant, ap-
peared before the Council and explained that the building had to be situated
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
September 14, 1983
Page -3-
on the lot in as indicated on the site plan because of a City sewer
easement, and there was no way to avoid the 0' rear lot line setback.
Mayor Beals called for comments from those present, and no one spoke for
or against the proposed CUP. Mayor Beals then read a letter from Lawson
Wolfe, President of Clermont Builders' Supply, supporting the Conditional
Use Permit. He also noted that the Clermont Planning and Zoning Commission
at its last regular meeting had recommended approval of this request. After
83- some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY
150 COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO-
LUTION NO. 450, GRANTING A CONDITIONAL USE PERMIT TO BLUE GOOSE PACKING COM-
PANY FOR EXPANSION OF THE EXISTING PLANT BY THE ADDITION OF A 30'x60' BUILD-
ING 0' FROM THE REAR LOT LINE. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL,
AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER
COLE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 451 - JOSEPH WASHUTA REQUEST FOR A CONDITIONAL USE PERMIT
Mayor Beals explained that Mr. Washuta had requested a Conditional Use
Permit to convert an existing office building into two apartments, each
containing 610 square feet of floor space. The building is located at
849 West Minneola Street. Mayor Beals stated that the Planning and
Zoning Commission at its last regular meeting had recommended approval
of the application. He then called for comments from those present in
the audience, an no one spoke for or against the Conditional Use Permit.
Mr. Washuta asked if he was required to provide heat for the apartments,
and was told that it is required by the Clermont City Code. After some
83- discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY
151 COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION N0. 451 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED
AT 849 WEST MINNEOLA TO CONVERT AN EXISTING OFFICE BUILDING INTO TWO
APARTMENTS EACH CONTAINING 610 SQUARE FEET OF FLOOR SPACE. THE VOTING
WAS AS FOLLOWS: COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE;
COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE.
THE RESOLUTION WAS READ BY TITLE ONLY.
RESOLUTION NO. 453- ICO, INC.'S REQUEST FOR A CONDITIONAL USE PERMIT
Mayor Beals reported that ICO, Inc. had requested a Conditional Use Permit
to construct ninety-two condominium units on 9.25 acres of property located
approximately 300' north of the Grand View Apartments. Margie Rowe, a
representative for ICO, Inc. appeared before the Council to answer any
questions, and stated that they agreed with the recommendations of the
Planning and Zoning Commission. City Manager Forbes explained that
before any building permit for this development could be issued, the
property which is owned by Mr. VanderMeer would have to be subdivided
and the sewer and water system extended to serve the property. Mrs.
Rowe stated that she understood this. Mayor Beals called for comments
from those present in the audience, and no one spoke for or against
the proposed development.
Council Member Dupee stated that due to the potential increase of traffic
on Grand Highway, turn lanes should be installed by the developer for
ingress to and egress from the property. Council Member Turville expressed
his concern that this development could have water retention problems.
33- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
152 BY COUNCIL MEMBER COLE,AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT
RESOLUTION NO. 453 WITH THE FOLLOWING AMENDMENT, THAT CONDITION NO. 10 BE
ADDED WHICH STATES THAT THE DEVELOPER SHALL WIDEN GRAND HIGHWAY TO ALLOW
TURNING LANES FOR INGRESS TO AND EGRESS FROM THIS DEVELOPMENT WITH THE
PLANS TO BE APPROVED BY THE CITY ENGINEER. VOTING WAS AS FOLLOWS: COUNCIL
MEMBER TURVILLE,AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE;
COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY
TITLE ONLY.
CITY OF CLERMONT
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September 14, 1983
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RESOLUTION NO. 452 - CHURCH OF THE NAZARENE'S REQUEST FOR A CUP
Mayor Beals reported that the Church of the Nazarene located at 101 Grand
Highway had requested a Conditional Use Permit to expand its existing
building. The Planning and Zoning Commission had recommended approval of
this request at its last meeting. City Manager Forbes reported that because
part of the land on which the expansion would take place is located in the
County, annexation proceedings have been initiated by Reverend Legg, but he
needs Church approval. Mr. Buddy Moore, a representative of the Church,
appeared before the Council to answer any questions. Mayor Beals asked for
comments from those present in the audience, and no one spoke for or against
83- the proposed building expansion. After some discussion, A MOTION WAS MADE BY
153 COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUSLY
CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION N0. 452 GRANTING A CONDI-
TIONAL USE PERMIT TO THE CHURCH OF THE NAZARENE LOCATED AT 101 GRAND
HIGHWAY TO EXPAND ITS EXISTING BUILDING. THE VOTING WAS AS FOLLOWS:
COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER
DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESO-
LUTION WAS READ BY TITLE ONLY.
OLD BUSINESS
RESOLUTION NO. 449 - FINAL MILEAGE RATE
Mayor Beals reported that Resolution No. 449 would set the City's millage
rate at 2.595 mills for FY1983-1984. The City is not increasing its
millage, there is no increase over the roll back rate, and the proposed
millage rate was lowered from 2.793 mills. Mayor Beals then called for
comments from those present in the audience, and Senator Langley stated
that he was happy to see the City lower its millage. Don Smith asked
how the loss of revenue from the State from what he calls "sin tax" would
affect the City's budget? City Manager Forbes stated that when planning
the budget, this type of loss was considered and lower amounts were
83- budgeted, so the City should be okay. After some discussion, A MOTION
154WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE,
AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 449
WHICH SETS THE CITY'S FINAL MILEAGE RATE AT 2.595 MILLS FOR FISCAL YEAR
1983-1984. VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE: COUNCIL
MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE;
AND MAYOR BEALS, AYE.
RESOLUTION NO. 454 - GENERAL FUND AND REVENUE SHARING FUND BUDGET
Mayor Beals explained that this Resolution proposes a final General Fund
Budget of $1,197,172 and a Revenue Sharing Budget of $48,050. If Revenue
Sharing is not passed by Congress again, the funds will not be spent.
Mayor Beals called for comments from those present in the audience, and
Ann Ritch, President of the Clermont Chamber of Commerce asked to speak.
She requested that the Council reconsider its funding of the Chamber, and
reinstate into the budget the $10,000 originally requested. No one else
spoke for or against the proposed General Fund and Revenue Sharing Budget.
3- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
156 BY COUNCIL MEMBER COLE AND WAS DEFEATED BY A THREE TO TWO ROLL CALL VOTE
TO BUDGET $5,000 FOR THE CHAMBER IN FY1983-1984'S GENERAL FUND BUDGET.
VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE;
COUNCIL MEMBER TURVILLE, NAY; COUNCIL MEMBER DUPEE, NAY; AND MAYOR BEALS, NAY.
33- After some further discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE
157 SECONDED BY COUNCIL MEMBER DUPEE, AND CARRIED BY A THREE TO TWO ROLL CALL
VOTE TO ADOPT RESOLUTION NO. 454 AS WRITTEN WHICH PROVIDES FOR A GENERAL
FUND BUDGET OF $1,197,172 AND A REVENUE SHARING FUND BUDGET OF $48,050.
VOTING WAS AS FOLLOWS: COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER
DUPEE, AYE; AND MAYOR BEALS, AYE; COUNCIL MEMBER POOL, NAY; AND COUNCIL
MEMBER COLE, NAY. THE RESOLUTION WAS READ BY TITLE ONLY.
CLTY OF CLERMONT
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September 14, 1983
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RESOLUTION NO. 455 - SANITATION FUND BUDGET
Mayor Beals explained that this Resolution provides for a final
Sanitation Fund Budget of $273,059 in expenditures and provides for
garbage and trash collection, with no fee increase for this
service. Mayor Beals then asked for comments from those present in
the audience, and no one spoke for or against the proposed budget.
83_ After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE,
15g$ECONDED BY COUNCIL MEMBER POOL, AND UNANZMOUSL`Y CARRIED BY ROLL CALL
VOTE TO ADOPT RESOLUTION NO. 455 WHICH SETS THE FINAL SANITATION FUND
BUDGET AT $273,059 FOR FISCAL YEAR 1983-1984. VOTING WAS AS FOLLOWS:
COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER
DUPEE, AYE; COUNCIL MEMBER POOL, AYE; AND MAYOR BEALS, AYE. THE RESO-
LUTION WAS READ BY TITLE ONLY.
RESOLUTION N0. 456 - UTILITIES FUND BUDGET
Mayor Beals explained that this Resolution provides for a final Utilities
Fund Budget of $791,649 in expenditures, and provides for the water and
sewer services of the City without increases in water or sewer rates.
Mayor Beals then asked for comments from those present in the audience,
and no one spoke for or against the proposed budget. After some dis-
83_ cussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL
159MEMBER POOL, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESO-
LUTION NO. 456 WHICH SETS THE FINAL UTILITIES FUND BUDGET AT $791,649.
VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUCIL MEMBER POOL,
AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR
BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY.
CENTER LAKE WEED CUTTING
City Manager Forbes reported that the City had received only one bid
for $4,200 from Randy's Weed Cutting of Altoona to cut weeds at Center
Lake. He stated that this bid appeared to be high. The lake is
presently being lowered to repair a pump, and when the lake reaches a
lower level, it is believed that City crews may be able to cut or mow
the buttonwood along the shore, but not the cattails. After some
g3_ discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY
160 COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE THE WEED
CUTTING BIDS UNTIL A LATER DATE, GIVING THE CITY CREWS TIME TO SEE
WHAT THEY CAN DO WHEN THE LAKE LEVEL IS LOWER.
CLERMONT HOTEL
City Manager Forbes gave each Council Member a copy of a letter from
Mr. Fred Morrison, Attorney, updating them on matters concerning the
Clermont Hotel. After some discussion, it was the consensus of the
Council to have Mr. Morrison present at the next Regular Council
Meeting to answer questions pertaining to the legal procedures involved.
CITY ATTORNEY'S REPORT - HOOKS ROAD EASEMENT & CONDEMNATION PROCEEDINGS
City Attorney Baird reported that the initial negotiated settlement for
the Hooks Road easement and condemnations proceedings against property
on Lakeshore Drive had not worked out. Originally it was negotiated
that the City would pay the property owner $1,000 for the Hooks Road
easement, and in turn would burn down the condemned building as a
training exercise for the fire department. Neighbors objected to the
fire, and the property owner has now hired a contractor to tear down
the building for its salvage value. The agreement does not include
removal of the slab or filling in the basement where the furnace was
located. Also, in light of the fact that the City now needs an
additional 50' for the Hooks Road easement, the property owner now
wants $2,000 for the easement.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
September 14, 1983
Page -6-
Council Member Turville asked if it would have been less expensive
if the City had torn down the building? Mr. Richard Langley stated
that his client had signed an agreement with the contractor. However,
if the City agrees to the terms of the new settlement, his client would
sign over the agreement to the City, and the City would be able to en-
force it.
Mr. Baird was also asked if the City would be liable if someone fell
into the hole left from the furnace removal? Mr. Baird stated that the
property owner would be liable if this happened. Mr. Baird recommended
that the City pay Mr. Langley's client $2,000 for the Hooks Road ease-
ment because obtaining the easement through condemnation proceedings
would be far more costly.
83- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
161 SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ACCEPT
CITY ATTORNEY BAIRD'S RECOMMENDATION TO PAY MR. LANGLEY'S CLIENT
$2,000 FOR THE HOOKS ROAD EASEMENT.
INTRODUCTION OF ORDINANCES 157-M AND 158-M, WADE PROPERTY REZONES
Mayor Beals explained that these Ordinances were being introduced as
requested by Mr. Bob Wade, owner of the property, and that he had
asked that the property in Ordinance 158-M be rezoned R-3 Residential/
Professional and the property in Ordinance 157-M be rezoned to C-2
General Commercial. Mayor Beals also explained that the Planning
and Zoning Commission, at its last regular meeting, had made recom-
mendations different than those requested by Mr. Wade.
Mayor Beals stated that he felt uncomfortable having an ordinance
introduced knowing that the form of the final ordinance would be
different than that being requested. After some discussion on
procedures for introducing ordinances, it was decided to maintain
past policy. City Attorney Baird stated that the ordinance could
be changed without re-advertising, as long as the density for a
particular tract did not increase from the original request.
ORDINANCES 157-M AND 158-M WERE INTRODUCED BY COUNCIL MEMBER POOL
BY TITLE ONLY.
BID AWARD - HEALTH INSURANCE
Finance Director Saunders reported that every three years the City
bids out its insurance policies, and although numerous companies
were contacted, no bids were received for our health insurance.
Our present health insurance carrier, Florida Municipal Health
Trust has sent the City notice of a premium increase effective
October 1, 1983. Mr. Saunders further stated that he would
continue to try and find better rates, but in talking with other
companies, they could not offer the same coverage at a lower price.
Mr. Saunders recommended that the City continue its health insurance
policy with the Florida Municipal Health Trust with the following
monthly rate increases:
CURRENT RATE NEW RATE
Employee (City Pays) $38.83 $55.72
Dependent Coverage $70.49 $83.55
(Employee Pays)
83- After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
162 BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED TO CONTINUE THE CITY'S
HEALTH INSURANCE COVERAGE WITH THE FLORIDA MUNICIPAL HEALTH TRUST AT THE
RATE OF $55.72 PER EMPLOYEE, AND $83.55 PER MONTH FOR DEPENDENT COVERAGE.
CITY OF CLERMONT
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REGULAR COUNCIL MEETING
September 14, 1983
Page -7-
There being no further business, Meeting adjourned at 9:00 p.m.
Charles B. Beals,, Mayor
ATTEST:
Wa Saunders, City Clerk