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05-24-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 A Regular Meeting of the City Council of the City of Clermont was held Tuesday, May 24, 1983 in Jenkins Auditorium. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Mayor Pro Tern Pool, Council Member Cole, Council Member Dupee, 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 offered by Reverend David Carter of the First Baptist Church in Clermont, followed by the repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held May 10, 1983 and the Workshop Meeting held May 17, 1983 were approved as presented. CITY MANAGER'S REPORT BOAT RAMP FEES City Manager Forbes stated that if there were no Council objections, the City would begin charging boat ramp fees on Memorial Day weekend, and continue the fees on weekends and holidays through Labor Day weekend. PARKS DEPARTMENT - CREW CAB TRUC~ It was reported that the Parks Department had budgeted for this year a vehicle to replace the 1966 truck presently used. Mr. Bob Smythe, Public Works Director, had obtained prices from the State Contract, Bob Wade Ford and Seidle Chevrolet for a314'tbn Crew Cab Pick Up Truck. The State Contract offered the lowest price, however, it was for an eight cylinder engine rated at only 11 mpg. Seidle Chevrolet's bid of $9,458.99 was for a six cylinder engine rated at 17 mpg, and was the next lowest bid. It was recommended to accept Seidle Chevrolet's bid due to the better gas mileage because it would have the best life cycle 83-085 cost for the City. After some discussion, A MOTION WAS MADE BY COUNCIL _ MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY A FOUR TO ONE VOTE TO PURCHASE THE 3/4 TON CREW CAB TRUCK FROM SEIDLE CHEVROLET 'AT A COST OF $9,458.99. VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; MAYOR BEALS, AYE; AND COUNCIL MEMBER TURVILLE, NAY. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY Council Member Dupee reported that ,$1.6 million in Grant Funds were available through the Jobs Bill for library construction within the State of Florida. She stated that if the Library is to pursue a grant for fifty-fifty matching funds, the Library Board needs to obtain site certification. Mrs. Dupee asked if there were any objections to the proposed library expansion going into the parking lot, and asked permission to send a letter of intent to the State. It was the consensus of the Council to allow both requests. MAYOR'S REPORT MAYORIAL PROCLAMATIONS HONORING THE HIGH SCHOOL BASEBALL & SOFTBALL TEAMS Mayor Beals congratulated the Girls' High School Softball Team and the Boys' High School Baseball Team for their second place finishes in the State Tournaments, and stated that Proclamations honoring the teams had been forwarded to the High School. e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 VISITORS WITH BUSINESS PAT WEBER - VARIANCE REQUEST FOR NW CORNER OF MINNEOLA AND FOURTH STREET Mayor Beals asked that if there were no Council objections, that the variance request be deferred to a later time during the meeting because neither Mr. Weber nor Mr. Caldwell was present at this time. It was the consensus of the Council to defer the request until such time as Mr. Weber or Mr. Caldwell arrived at the meeting. OLD BUSINESS ORDINANCE l52-M REZONING REQUEST LOT 127, CLERMONT HEIGHTS - 501 ALMOND STREET 83-086 Mayor Beals stated that Mr. Tom Dougherty had requested that Lot 127 of Clermont Heights be rezoned from R-3 to C-l Light Commercial. The Planning and Zoning Commission had recommended denial of the request on April 6, 1982 and again on May 3, 1983. Mr. Dougherty had asked that the rezoning hearing be tabled until the June 28, 1983 Regular Council Meeting so he could research Conditional Zon- ing for the City. Mayor Beals stated that he wished to proceed with the Public Hearing and asked those present for their opinions on the rezoning. No one spoke for or against the request. Mayor Beals then read letters of opposition from Myra and Roger Morse and Robert and Rita Thompson. Council Member Turville stated that he was opposed to contract zoning. A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE, AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO DENY THE REZONING REQUEST FOR LOT 127, CLERMONT HEIGHTS. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. THE ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE NO. 234-C ELECTIONS 83-087 Mayor Beals explained that Ordinance 234-C would place on the ballot in December proposed amendments to the City Charter which would change the City election dates to conform with other County, State and National elections. Mayor Beals asked if anyone in the audience wished to speak for or against the proposed ordinance, and no one spoke for or against it. A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE 234-C ELECTIONS. 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 ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE NO. 235-C VEHICLE/PORTABLE SIGNS Mayor Beals explained that this ordinance would limit the period of time a portable sign may be used by a business to one thirty day period per year, whereas the old ordinance allowed a business to have a sign for thirty days with extensions and could total up to six months of usage by one business in a year. Mayor Beals called for comments from tHose present in the audi- ence. Mr. Ed Augustine spoke in opposition to the proposed ordinance and stated that he felt it was too restrictive and could put a small business out of business by limiting its advertising so severely. He also asked about the present ordinance and why it was being changed. Mayor Beals stated that he favored the more restrictive ordinance, and actually favored a total ban on portable signs which he felt were aes- thetically obnoxious. Mayor Beals then read a letter from the Clermont Chamber of Commerce which opposed the proposed ordinance as written. The letter stated that it would be better to allow a business three ten day permits per year instead of the one thirty day permit. Mr. Phil Searles, Executive Director of the Chamber of Commerce, explained that the Chamber had sent out questionnaires to the e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 160 businesses in Clermont and the results were that the business community opposed the ordinance as written. Council Member Turvil1e reiterated the Mayor's position on the sign ordinance. Council Member Pool stated that theoretically, each business in a shopping center could pull a permit for a portable sign, and it could be used all year long at the shopping center. He asked City Attorney Baird if the ordinance could be amended after the first reading to read three ten day permits. Mr. Baird stated that it was possible to do so. 83-088 Council Member Dupee asked Mr. Searles what the actual count on the question- naire was. Mr. Searles stated that eighteen businesses were for a revised sign ordinance and nineteen businesses opposed it. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE, AND CARRIED BY A THREE TO TWO ROLL CALL VOTE TO ADOPT ORDINANCE 235-C. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER TURVILLE, AYE; MAYOR BEALS, AYE; COUNCIL MEMBER COLE, NAY; AND COUNCIL MEMBER POOL, NAY. THE ORDINANCE WAS READ BY TITLE ONLY. FINAL READING OF ORDINANCE 236-C TRAFFIC 83-089 Mayor Beals explained that Ordinance 236-C clarifies the procedures the Police Department must use when issuing parking citations and the City policy on traffic control signs. Mayor Beals then asked for comments from those present in the audience, and no one spoke for or against the proposed ordinance. After some dis- cussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 236-C TRAFFIC. 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 ORDINANCE WAS READ BY TITLE ONLY. MAYOR BEALS - SPECIAL RESOLUTION 83-090 Mayor Beals explained that legislation was pending which would allow the winner in an annexation election instead of majority vote in both the municipalities or area to be annexed to decide the issue. Mayor Beals then read a Resolution op- posing this legislation and asked for Council support on this matter. After some discussion on the ramifications of such legislation, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO PASS THE RESOLUTION AGAINST THE PROPOSED "WINNER TAKE ALL" LEGISLATION. VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER DUPEE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER TURVILLE, AYE; AND MAYOR BEALS, AYE. The City Clerk was directed to send copies of the Resolution to the Lake County Legislative Delegation. TOWN HALL MEETING INTRODUCTION OF DEPARTMENT HEADS AND CITY COUNCIL Mayor Beals introduced the Council and City Staff present. Department Heads in attendance were: Preston Davis, Utility Director; Bob Smythe, Public Works Director; Harvey Nagel, Building Official and Director of Code Enforcement; and Prentice Tynda1, Chief of Police. SENIOR CITIZENS COMMITTEE: Mayor Beals Mayor Beals spoke on behalf of Mr. Paul Halstead, Chairman of the Senior Citizens Committee, and recognized the members of the committee for their work. One of the latest projects of the committee is working with the Lake County Council on Aging to bring a Senior Citizens Annex to Clermont's Kehlor Park Recreation Building. CODE ENFORCEMENT BOARD: Marcus McGowan Mr. Marcus McGowan, Chairman of the Code Enforcement Board, reported on the function of the Code Enforcement Board. State Legislation was passed on July 28, 1981 which enabled cities to establish their own Code Enforcement Boards. e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 The first meeting of Clermont's six member Code Enforcement Board was held on November l7, 1981. Mr. McGowan explained that the Board is quasi- judicial in nature. Mr. Nagel as Director of Code Enforcement initiates action, and the Board makes rulings and can levy fines for failuTIeto comply of up to $250 per day. Last year legislation was passed to increase the Board to seven members. During its existence approximately 50 complaints have been filed against dog owners. 5% of those were brought before the Board and the others voluntarily complied. Other types of cases heard by the Board include building permit and trash violations. The Board's work has proven to be very effective in lessening the City's dog complaints. PARKS AND RECREATION COMMITTEE: City Manager Forbes City Manager Forbes reported that the Parks and Recreation Committee began their work four years ago and makes recommendations for improvements to the City's various recreation facilities. The Committee instituted a Summer Recreation Program for Clermont which has been a great success. This year some changes have resulted in the program with the hiring of a certified water safety instructor and swimmers aides to run the Aquatics Program. At the end of the summer questionnaires are sent to participants asking for their input. Often these suggestions are implemented in the following year's program. The Committee has also projected short and long term goals for parks and recreation. CENTENNIAL COMMITTEE: Oakley Seaver Oakley Seaver, Chairman of the Clermont Centennial Committee, reported on some of the activities planned for Centennial Week, April l-7, 1984 which include: the sale of a book written by Miriam Johnson and Rosemary Young on Clermont's History, a parade, sporting events, street dances, Miss and Master Orange Bud Contes"t, beard growing contest, a Centennial Edition of the newspaper, marked historical sites within the City, and much more. The festivities will begin with Heritage Sunday and all and all it is planned to be a fun-filled week for the citizens of Clermont. LIBRARY BOARD: Council Member Dupee Council Member Ann Dupee, liaison to Cooper Memorial Library, presented a brief history of the library beginning in 1905 when it was housed in a pri- vate home, and ending in 1980 when the library moved to its present building. The library now operates with fifteen volunteers, five part-time employees, and one full-time librarian. By joining the countywide library system, Cooper Memorial Library has received funds which have enabled the library to purchase previously unaffordable equipment and books. UPPER PALATLAKAHA RIVER BASIN COMPREHENSIVE STUDY: Will Davis Mr. Will Davis, Director of the Lake County Water Authority, appeared at the meeting to present the Executive Summary of the Upper Palatlakaha River Basin Comprehensive Study. The Study was conducted between 1979 and 1982, and Mr. Davis was Project Coordinator. He explained that the project was begun to investigate and understand what is happening to the water levels in the Cler- mont Chain of Lakes and general water conditions in South Lake County. The Palatlakaha River begins in the Green Swamp of Polk County and flows north- erly, eventually reaching Lake Harris in Leesburg. City Manager Forbes asked what was going to be done about. water being diverted from the river to the west in Polk County. Mr. Davis stated that the Lake County Water Authority will be implementing the recommendations of the Study~ It will be studying ways to redivert water into our area and what the impact of this rediversion will be in areas surrounding Polk and Haines City. He further stated that the major recommendation to be implemented will be to maintain the best possible ground and surface water quality for Lake County. In conclusion, Mr. Davis thanked all who helped with the Study, and passed out copies of the Executive Summary to the Council and interested citizens. e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 Mayor Beals explained that legislation late last year allows counties in Florida to tax gasoline up to 49 per gallon (59 by referendum). This optional gas tax money is to be used only for road and bridge building and repair. The Lake County Board of Commissioners is requesting input from the various cities is Lake County to see if they want the tax and how the monies should be dis- tributed. Commissioner Claude Smoak who was present in the audience stated that a decision must be reached by July lst or the DOT distribution formula (method used by the State to allocate gas tax monies) would have to be used. Council Member Dupee stated that she would like to talk to her constituents for their input before any decision is made and bring the matter up at the next regular council meeting. After a brief discussion, it was the consensus of the Council to seek additional input on this matter before making a decision. STREET SWEEPER It was reported that a mlnlmum of $65,000 would have to be spent to purchase a new street sweeper. A new vacuum type sweeper would cost $85,000. If a new street sweeper is purchased, it would cost an additional $l5-l8,000 per year to operate. Various options were discussed by the Council, including contract- ual street sweeping at a cost of $65 per hour. It was the consensus of the Council to discuss this matter further at a future Workshop and to evaluate citizen input from the City Services Questionnaire. PAT WEBER - VARIANCE REQUEST FOR NW CORNER OF MINNEOLA AND FOURTH STREET Mr. Roy Caldwell arrived at 9:30 p.m. and Mayor Beals asked that the variance request for the NW corner of Minneola and Fourth Street be heard at this time. It was explained that the variance was needed because the square footage of the lot they wished to build on was ll25 square feet short of the required 7500 square feet. The building would meet all other zoning requirements. Mayor Beals asked if anyone present in the audience wished to comment on the request, and no one spoke for or against it. Council Member Pool stated that he had looked at the lot, and it appeared to him that other homes in the area were built on lots with less than the required square footage, and that if all of the setback requirements could be met, he saw no prob- lem with granting the variance for the property. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT THE VARIANCE AS REQUESTED. Council Member Turville stated that he was opposed to granting the variance because he felt that whomever sold part of the lot could have done it for a reason. Mayor Beals stated that he felt the Council was duty bound to grant the variance only if it could be proven that a hardship does exist. It was further stated that the date of when the lot became substandard was the real issue. Mr. Caldwell stated that he did not know the date when part of the lot was sold thus making it substandard. He also stated that had he known the lot was substandard, he would never have purchased the property. 83-09l After some discussion, COUNCIL MEMBER COLE WITHDREW HIS SECOND TO THE PREVIOUS MOTION. A MOTION WAS THEN MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO TABLE THE VARIANCE REQUEST UNTIL THE NEXT COUNCIL MEETING. ANNEXATION: Commissioner Claude Smoak County Commissioner Claude Smoak spoke regarding the City's policy on annexation and growth. He stated that he felt the City needed to expand so that it would not be boxed-in and referred to the previously passed Resolution regarding the pending "winner take all" legislation in annexation policy. He further stated that the City should set direction and control growth. SOUTH LAKE COUNTY ANNEX: Commissioner Claude Smoak Commissioner Smoak reported that the Lake County Board of Commissioners would hold a Public Hearing on the proposed South Lake County Annex on June 7th at 10:30 a.m. and urged the City to send a representative to the meeting. e CITY OF CLERMONT e MINUTES REGULAR AND TOWN HALL MEETING May 24, 1983 UTILITY BENEFIT FEES: Arthur Everly Mr. Arthur Everly, a Clermont resident, spoke regarding utility benefit fees and the legality of such charges, and asked several questions which were answered by City Manager Forbes. In conclusion, he stated that no City in Lake County has a municipal bond rating, and stated that he felt improvements to sewer and water systems should be financed through municipal bonds. CITY SERVICES QUESTIONNAIRE Mayor Beals thanked those present for coming and urged everyone to fill out the City Services Questionnaire which allows citizens to express their views on City Services, an annexation policy of the City, and the upcoming City budget. There being no further business or discussion, the meeting adjourned at lO:OO p.m. ~- Jj.fip-<,~ CHARLES B. BEALS, MAYOR ATTEST: W~~~RK