04-26-1983 Regular Meeting
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CITY OF CLERMONT
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MINUTES
REGULAR CITY COUNCIL MEETING
April. 26, 1983-
A Regular Meeting of the City Council of the City of Clermont was
held April 26, 1983 in the City Council Chambers. The Meeting was
called to order by Mayor Beals at 7:30 p.m. with the following
Council Members in attendance: Mayor Pro Tern Pool, Lester Cole,
Ann Dupee, and Hal Turville. Other City Officials present were:
City Manager Forbes, City Attorney Baird, and Deputy City Clerk
Brandt.
The Invocation was offered by City Manager Forbes, followed by the
repeating of the Pledge of Allegiance by all present.
MINUTES
The Minutes of the Regular Meeting held April 12, 1983 were approved
as presented.
CITY MANAGER'S REPORT
BLEACHERS FOR KEHLOR PARK TENNIS COURTS
City Manager Forbes reported that at the April Meeting of the Parks
and Recreation Board, the Board had recommended that half of the cost
for bleachers at the Kehlor Park Tennis Courts be paid by the City and
th.e other half should be paid through citizen donations. The cost of
the bleachers would be approximately $450. Council Member Pool asked
if costs were shared for the benches at the shuffleboard courts and
Little League fields. Mr. Forbes explained that in the past, various
groups had shared the costs and donated their time for different
projects. No one group sponsors the tennis tournaments frequently held
at th.e Kehlor Park Courts which makes it more difficult to collect funds
for the bleachers. After some discussion, A MOTION WAS MADE BY COUNCIL
MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO HAVE THE CITY PAY THE
TOTAL COST OF THE BLEACHERS. Upon clarification of who would actually
83-066 pay the costs, MR. COLE WITHDREW HIS SECOND AND THE MOTION WAS DEFEATED
BY A :FOUR TO ONE VOTE WITH COUNCIL MEMBER POOLE VOTING AYE. . After further
discussion regarding who actually uses the courts, A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND CARRIED BY
A FOUR TO ONE VOTE TO HAVE CITY MANAGER FORBES CONTACT THE HIGH SCHOOL
TO SEE IF THEY AND THE OTHER HEAVY USERS OF THE COURTS WOULD PAY HALF
OF THE COSTS TO CONSTRUCT BLEACHERS AT THE KEHLOR PARK TENNIS COURTS.
COUNCIL MEMBER POOL VOTED NAY.
LEASE AGREEMENT - KEHLOR PARK RECREATION BUILDING
City Manager Forbes stated that a lease agreement between the Lake County
Council On Aging and the City had been prepared which would allow the
Council On Aging to utilize the Kehlor Park Recreation Building for a
Senior Citizens Center Annex. Mr. Forbes passed out draft copies of the
agreement to the Council, and as.ked for their comments on the agreement.
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City Attorney Baird stated that in looking over the lease agreement, every
thing appeared to be in order but the Hold Harmless Clause. He felt that
the City should not put monetary limits of $100,000 and $200,000 damage
to the tenants, and that this part of the lease should be rewritten to
reflect any amount claimed against the City.
After some discussion, it was the consensus of the Council to have Mr..
Baird. rewrite the Hold Harmless Clause of the Agreement, and to notify
the Lake County Council On Aging of our intent to present for their
approval a lease agreement for the Kehlor Park Recreation Building.
ASPEN-EMERALD LAKES - PRIVATE GARBAGE COLLECTION
It was stated that the owners of Emerald Lakes Mobile Home Park had asked
permission from the City to collect and dispose of their own garbage and
refuse. The owners have purchased a garbage truck to service all of the
parks they own in Lake County. Mr. Forbes stated that our Ordinance
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provides for the owners of the property which produces the refuse to
dispose of it, and that he could see no problems if Emerald Lakes
Mobile Home Park was permitted to do so. Initially it would affect
the City monetarily, but in the long run the City might be better off
allowing them to collect their own garbage and refuse.
City Attorney Baird stated that the intent of the existing Ordinance
appeared to be to allow an "individual property owner" to dispose of
his own individual refuse, and the procedure is outlined. However,
the Ordinance does not specifically address the matter for the "owner"
of several units within a large complex. He felt that the Ordinance
should be viewed in terms of policy because a franchise agreement might
be needed to allow the servicing of so many units. It was suggested
that the Council make a decision as to whether it will allow a large'
complex to dispose of its own refuse and garbage or require it to have
a franch~se agreement.
City Manager Forbes stated that he felt as long as the "actual owners"
of the park picked up the garbage, no franchise agreement would be
needed. If the "owners" had someone else pick up the garbage, then a
franchise agreement would be needed.
City Attorney Baird reiterated that the intent of the Ordinance was to
allow an "individual property owner" to dispose of his garbage, not a
large complex with many units. In the past, the City's position had
been that an operation such as Emerald Lakes is proposing would require
a franch~se agreement. If the' Council allows Emerald Lakes to collect
their own garbage, the Ordinance should be amended accordingly to
eliminate future problems.
Council Member Pool asked how allowing them to collect their own garbage
would affect the City financially, and City Manager Forbes stated it would
cost about 5% of revenues initially, but as the City grows we would be
83-067 better off. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED THAT
BECAUSE OF THE QUESTIONS INVOLVING THE INTERPRETATION OF THE WORD "OWNER",
THE OWNERS OF EMERALD LAKES BE ASKED TO ENTER INTO AN AGREEMENT WITH THE
_, CITY WHICH INCORPORATES THOSE ITEMS REQUIRED BY THE ORDINANCE, SUCH AS
TWICE A WEEK COLLECTION, ETC.; AND SUBJECT TO FINAL COUNCIL APPROVAL.
OLD LIBRARY BUILDING - SOUTH LAKE COUNTY COURTHOUSE ANNEX
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City Manager Forbes reported that Council Member Dupee had asked him to
check on the status of the County using the old library building as a
courthouse annex. He stated that he had spoke to Commissioner Smoak and
that the County was in the process of looking at other counti~s' annexes
and should be able to decide by the first part of June if they will use
the old library building. Commissioner Smoak also asked for a firm commit
ment from the City for the building. City Manager Forbes stated that
should the County decide to use the building, he had already notified
Lake-Sumter Community College of the City's intent not to renew their
83-068 lease on October 1, 1983. After some discussion, A MOTION WAS MADE BY
COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY
CARRIED TO OFFER TO LEASE THE OLD LIBRARY BUILDING TO THE LAKE COUNTY
BOARD OF COMMISSIONERS PURSUANT TO A JUNE 30, 1983 DECISION OF INTENT
TO PLACE A SOUTH LAKE COUNTY COURTHOUSE ANNEX IN THE BUILDING.
STATE HIGH SCHOOL ROWING CHAMPIONSHIP - MAY 14, 1983
It was reported that Mr. Bill Ray had asked permission from the City to
hold the State Rowing Championship at Lake Minneola. After some discus~
sion, it was the consensus of the Council to allow the State High School
Rowing Championship to be held at Jaycee Beach on May 14, 1983.
LIGHTING - ELEMENTARY SCHOOL BASKETBALL COURT
City Manager Forbes stated that a member of the Parks and Recreation
Board brought to his attention that people playing night basketball at
the elementary school court were using the lights at the tennis court to
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light the basketball court. It was discussed that th~s is a very in-
efficient use of electricity and suggested that a ligh~ pole 0ith a
timer be installed for the basketball court. After some discussion,
it was the consensus of the Council to have City Manager Forbes approach
the elementary school about installing the light with a timer at the
basketball court.
CITY PROPERTY ON MOHAWK ROAD
City Manager Forbes reported that he had received a request from a local
Real Estate Broker about purchasing City property on Mohawk Road described
as Lots 2 through 14, Bennet Heights Subdivision. Mr. Forbes stated that
if the City ~ished to sell the property, it should be declared surplus
property and PQt up for bids. Mayor Beals stated that the property had
been used as a dump in the early sixties. Council Member Turville asked
if the property could be used as a site for the Public WOrks Department?
Mr. Forbes stated that it was doubtful because the topography of the land
made building questionable. Council Member Pool asked if the site could
be used as a landfill in the future. After some discussion, it was the
consensus of the Council to have Mr. Forbes check with the County to see
if it would be feasible to use the property as a landfill, and not con-
sider selling at this time.
1983 STREET OVERLAY PROGRAM
It was reported that the 1983 Street Overlay Progam was halfway,. completed.
Mr. Henry Czech, present in the audience, suggested that the pavers warn
the citizens when their property would be blocked because he was unable
to get in his driveway for most of one day.
CITY ATTORNEY'S REPORT
CONDEMNATION PROCEEDINGS - 640 LAKESHORE DRIVE
City Attorney Baird reported that the property owner was in the process
of obtaining bids to have the burned home demolished.
COUNCIL MEMBER DUPEE'S REPORT
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
It was reported that at the last monthly board meeting of the ECFRPC,
all members were briefed on possible bills pending before the legislature,
and a brief synopsis of the some bills was presented.
LAKE-SUMTER COMMUNITY COLLEGE ADVISORY COMMITTEE
Mrs. Dupee reported that the first meeting of the Advisory Committee
would be April 28, 1983 and that the College was ask~ng for citizen
input on the type of courses to be offered by the South Lake Annex.
COOPER MEMORIAL LIBRARY
Council Member Dupee gave a brief report on the luncheon honoring all
volunteers at Cooper Memorial Library.
COUNCIL MEMBER POOL'S REPORT
Council Member Pool commended the City on its cleanup efforts after last
Saturday's tornado.
COUNCIL MEMBER TURVILLE'S REPORT
ORANGE COUNTY CONDITIONAL USE PERMIT
Council Member Turville stated that he wanted someone from Clermont to
represent the City at the Public Hearing regarding Orange County's request
for a Conditional Use Permit to build a sprayfield in South Lake County.
He asked Mr. B~ck Evans who was present in the audience if he would be
the City's representative. Mr. Evans stated that he would do so, if he
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and Mr. Bill Dailey could both represent the City. It was the consensus
of the Council to have both gentlemen represent the City at the Hearing.
MAYOR'S REPORT
WORKSHOP MEETING
Mayor Beals stated that a Workshop Meeting was needed, and suggested
Tuesday, May 17th from 7:00 to 9:00 p.m. After some discussion, it
was th,e consensus of the Council to hold a Workshop Meeting on that
date.
VISITORS WITH BUSINESS
BID AWARD - JAYCEE BEACH CONCESSION STAND
83-069
Mr. Kyle Woodard appeared before the Council to discuss his proposed
lease for the Jaycee Beach Concession Stand. Mr. Woodard stated that
there were areas within the lease which he wished to have modified:
(1) Because he is paying $175 per month rent, he would like to open
for special events before,.Memorial Day and after Labor Day, (2) As part
of the agreement, he is supposed to clean the public restrooms, and
wbuld .like the City to furnish some of the cleaning and restroom supplies,
and C32 He would like the City to fix the flashing on the building which
was damaged by last weekend's storm. After much discussion regarding
the cost of supplies, methods of operation of the concession stand in the
past, and reducing the rent if Mr. Woodard furnished all of the supplies;
Mayor Beals suggested that the rent remain $175 per month and the City
would furnish cleaning and restroom supplies. After further discussion,
A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER
TURVILLE AND UNANIMOUSLY CARRIED TO ACCEPT MR. WOODARD'S PROPOSAL TO
LEASE THE JAYCEE BEACH CONCESSION STAND FOR $175 PER MONTH SUBJECT TO
THE LEASE AS PRESENTED, WITH THE FOLLOWING CLARIFICATIONS: (1) THE
CONCESSION STAND MAY BE OPERATED FOR SPECIAL EVENTS BEFORE 'MEMORIAL DAY
AND AFTER LABOR DAY UPON NOTIFICATION OF THE CITY MANAGER'S OFFICE WHEN
THE BUILDING IS BEING USED, (12) THE CITY WILL SUPPLY' A REASONABLE :AMOUNTGl
CLEANING AND PAPER SUPPLIES FOR THE RESTROOMS, AND (3) THE CITY WILL FIX
THE FLASHING ON THE BUILDING.
PAUL HOBENSACK - REPORT ON SOLID WASTE AS AN ENERGY SOURCE
Mr. Paul Hobensack of the Clermont Lions Club appeared before the Council
to present a report on the possibility of using solid waste as an energy
source for the City of Clermont. After much discussion and input from
various members of the audience and Council regarding the costs involved,
and the feasibility of using such an operation in Clermont; Council
Member Pool thanked Mr. Hobensack for his presentation and asked that he
R~esent more data on cities using solid wastes to generate electricity.
before any decision on this matter can b.e made. Mr. Hobensack was asked
to present his findi~gs at a futur:e Council Meetin-g. - _nu_____
Council Member Cole left the meeting at this point due to an emergency.
SITE PLAN REVIEW - 857 EAST MINNEHAHA
City Manager Forbes stated that in 1979 Mr. Don Tracy was granted a
Conditional Use Permit to operate a real estate and wholesale plumbing
business at 857 East Minnehaha. At that time a CUP was needed because
a wholesale business was not allowed in the central business district,
however, our new ordinance has changed this. In March of 1981 Mr. Tracy
was granted a side and rear yard variance for the building with the con-
ditions that the old building be torn down when the new building was
completed and that the storage of all pipe and other materials would be
inside the building. The building.has been torn down, However, Mr. Tracy
now needs outdoor storage.
Mr. Tracy appeared before the Council to explain the reasons for altering
his original site plan. He explained that the 6utside storage for the
pipe was inside a fenced-in area, and that he would be willing to put
some type of slats or lacing in the fence to screen it from public view.
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Because the parking at the new building is now different, Mr. Tracy
requested to eliminate the shrubs to the south of the building which
would have been a buffer between Tropicana's property and his own.
The 57' joint use driveway is located in this area. Approval of these
revisions would allow Mr. Tracy to obtain his final Certificate of Oc-
83-070 cupancy. . After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER
TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO
APPROVE THE SITE PLAN WITH THE FOLLOWING REVISIONS: (1) 57' JOINT USE
DRIVEWAY WHICH ELIMINATES TWO SEPARATE 40' DRIVEWAYS, (2) ELIMINATION
OF THE BUFFER HEDGES ALONG THE SOUTH SIDE OF THE PROPERTY, AND (3)
MATERIAL STORAGE WILL BE 'ALLOWED OUTSIDE OF THE BUILDING' IF PROPERLY
SCREENED FROM PUBLIC VIEW.
OLD BUSINESS
FUNDING FOR WATER LINE TRANSFERS AND REPLACEMENTS
BB-()7()
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Mayor Beals reported that Mr. Preston Davis, Utility Director, had
requested that the water line transfer and replacement project be con-
tinued. An additional $2,200 is needed to complete the line transfers
and $11,608 to continue the line replacement, or a total of $13,608 to
be funded from the Improvement, Repair and Replacement Fund. When the
original funds were budgeted, the City intended to complete the trans-
fers over a few years' period of time, however, increased water quality,
customer satisfaction from the project, and the fact that the part-time
crew works BO well together makes it worthwhile to continue the project
now. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE,
SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO GRANT
THE TWO EXPENDITURES TOTALING $13,608 TO CONTINUE UPGRADING THE WATER
SERVICE, AND TO BE FUNDED FROM THE IMPROVEMENT, REPAIR AND REPLACEMENT
FUND.
SOUTH LAKE FIRE DISTRICT DISPATCHING AGREEMENT
Mayor Beals explained that two years ago the City entered into an agree-
ment with the South Lake Fire District to provide dispatching service.
The agreement was renewed in July of 1982 and expires on April 28, 1983.
The Fire District is requesting renewal of the agreement. The new agree-
ment would increase the City's fee for the service to $40 per month.
Council Member Pool asked if the Fire District was aware of the proposed
feel increase, and City Manager Forbes stated that they had been notified.
83-071 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED
BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO ,RENEW.: THE DIS-
PATCHING AGREEMENT WITH THE SOUTH LAKE FIRE DISTRICT FOR A PERIOD OF ONE
YEAR AND A FEE OF $40 PER MONTH.
NEW BUSINESS
ORDINANCE 234-c ~ INTRODUCTION
..
Mayor Beals explained that Ordinance 234-c was a proposed ordinance which
would have proposed amendments to the charter regarding the municipal
election dates placed on the ballot. The changes would allow the municipal
elections to correspond with the County, State and National Elections.
Council Member Dupee asked if there was any point in going through with this
because she understood that a proposal to have each county set its election
day had gone through th.e State House Committee. Mayor Beals stated that
he understood that each County Supervisor of Elections would be responsible
to establish. uniform municipal election dates throughout the county, and
felt if the City of Clermont took the initiative in this matter, the county
might choose to use our election dates. City Attorney Baird advised that
the State Bill would not be placed on the ballot until November, and the
City should go ahead and pass this ordinance because it could be revoked
at any time before the next municipal general election. Mayor Beals asked
for clarification of the term "general election" in Section 2i; which City
Attorney Baird explained as meaning the next city general election. Council
Member Dupee stated that she felt the wording in Section 2 should be more
specific than the words "changing the date". Mayor Beals suggested that
the wording be changed to read.. . "relating to municipal elections conform-
ing to other county, state and national elections". After much discussion,
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COUNCIL MEMBER POOL INTRODUCTED ORDINANCE NO. 234-c WITH THE FOLLOWING
AMENDMENT: SECTION 2, ,PARAGRAPH 2, WAS' CHANGED FROM "DO YOU FAVOR THE
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA, AS PROPOSED IN ORDINANCE 234-c RELATING TO CHANGING THE DATE OF
THE CITY COUNCIL ELECTIONS" TO "DO YOU FAVOR THE PROPOSED AMENDMENTS TO
THE CHARTER OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AS PROPOSED
IN ORDINANCE NO. 234-C RELATING TO MUNICIPAL ELECTIONS CONFORMING TO
OTHER COUNTY, STATE AND NATIONAL ELECTIONS". THE ORDINANCE WAS READ BY
TITLE ONLY.
ORDINANCE 235-C -, 'VEHICLE/PORTABLE 'SIGNS
Mayor Beals explained that the proposed ordinance would limit the period
of time a portable sign may be erected to thirty days, and only one permit
per year per business would be granted. After some discussion regarding
a recent court ruling regarding the unconstitutionality of banning the
signs, COUNCIL MEMBER TURVILLE INTRODUCED ORDINANCE 235-C - VEHICLE/
PORTABLE SIGNS. THE ORDINANCE WAS READ BY TITLE ONLY.
ORDINANCE 236-C - TRAFFIC
Mayor Beals. explained that Ordinance 236-C clarified procedures the
Police Department must use in issuing parking citations, and clarifies
City Policy on traffic control. THE ORDINANCE WAS INTRODUCED BY COUNCIL
MEMBER POOL BY TITLE ONLY.
FORECLOSURE ON LIENS - 1970 REVENUE BONDS
It was reported that several people were delinquent in paying their
sewer assessments. These assessments had been spread over a ten year
period of time, and the final payment was due in April 1982. Since
that time two notices had been sent out, one by the Finance Director
and one by the City Attorney. City Attorney Baird discussed several
ways of handling the del~nquent assessments, and stated that you cannot
just ignore them. The Bond Ordinance requires that some action be taken.
He further explained that State Statute outlines a rigid procedure to
83-072 follow fore foreclosing on the liens. After some discussion, A MOTION WAS
83-073 MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL AND
UNANIMOUSLY CARRIED TO PROCEED WITH THE PRESCRIBED LEGAL ACTION TO COLLECT
THE DELINQUENT SEWER ASSESSMENTS. A MOTION WAS MADE BY COUNCIL MEMBER
POOL, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO RELEASE
THE CITY FROM $6,398.80 IN DELINQUENT ASSESSMENTS AGAINST CITY PROPERTY.
The Meeting adjourned at 9:15.
fLL Iff. ~
Charles B. Beals, Mayor
ATTEST:
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