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04-12-1983 Regular Meeting e CITY OF CLERMONT e MINUTES REGULAR MEETING April 12, 1983 A Regular Meeting of the City Council of the City of Clermont was held April 12, 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, Ann Dupee, Lester Cole, and Hal 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 Mayor Pro Tern Pool, followep by the repeat- ing of the Pledge of Alleqiance by all present. MINUTES The Minutes of the Special Council Meeting held March 29, 1983 were approved as presented with the following addition: Council Member Dupee asked that the following statement be included, "If the City of Clermont obtained the grant money and could not use it, it would commit the City and future Councils to longer debt repayment". The Minutes of the Reg'ular:' Council Meeting held March 22, 1983 and the Workshop Meeting held AprilS, 1983 were approved as presented. CITY MANAGER'S REPORT CHAMBER OF COMMERCE WORKSHOP City Manager Forbes reported that he would be attending a Workshop with the Chamber of. Commerce on Monday, April 18, 1983. SUMMER SWIM PROGRAM It was reported that the City's Summer Swim Program would not be a vol- unteer program as in the past. The City has hired a Certified Water Safety Instructor and will need to hire, if there are no Council objections, seven to ten Swimmers' Aides to assist the Water Safety Instructor. These young adults would be age sixteen and over and work for two hours per day for one month. They would have to pass a Swimmers' Aide Test before being 83-055 hired. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TUR- VILLE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO EMBARK ON THE SUMMER SWIM PROGRAM WITH FUNDS FOR THE PROGRAM TAKEN FROM THE PARKS AND RECREATION ACCOUNT, SUBJECT TO CONCURRENCE WITH THIS PROJECT BY THE PARKS AND RECREATION BOARD. QUINCY'S RESTAURANT - FENCE TYPE CHANGE It was reported that when the Council approved Quincy's site plan, a picket or shadow box type fence was approved. The contractor is now asking per- mission to install a chain link fence with redwood slats along. ;.the north property line. By State law the rentention area on the property must be fenced with chain link, and it would be more practical to continue with the 83-056 same type of fence. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER POOL AND UNANIMOUSLY CARRIED TO ALLOW QUINCY'S RESTAURANT TO INSTALL CHAIN LINK FENCE WITH REDWOOD SLATS IN PLACE OF PICKET OR SHADOW BOX FENCE AS INDICATED ON THEIR SITE PLAN. CITY ATTORNEY'S REP,ORT CONDEMNATION PROCEEDINGS - 640 EAST LAKESHORE DRIVE City Attorney Baird reported that the property located at 640 East Lake- shore Drive was in negotiation, and by the end of the month he would have some answers for the Council. CONDEMNATION PROCEEDINGS - CLERMONT HOTEL Mayor Beals stated that it was his understanding that Mr. Nick Buttitta had failed to respond to the City's proceedings within the required twenty day:~time period and he hoped that within the next sixty days the building could be torn down. City Attorney Baird stated that he had been informed that Mr. Buttitta's attorney had filed a petition in Federal Court, but e CITY OF CLERMONT e MINUTES REGULAR MEETING April 12, 1983 Page -2- that he did not know what this procedure meant. Mayor Beals stated that he hoped the City's attorneys were pursuing this matter with every bit of speed and alacrity possible because this had"been dragging on entirely too long. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY It was reported that as requested by Council Member Turville,during the March 22, 1983 Meeting, the statistics on Cooper Memorial Library would be available for the next Council Packets. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Council Member Dupee reported that Lake County had won two awards from the ECFRPC. Eustis had won an award in the private sector for their downtown beautification project. She stated that in 1980 the Regional Planning Councils were told to develop a state-wide comprehensive plan but it was not funded by the State. It was determined that it will now cost 3.8 million dollars to finance the project, but no directives have been issued as to who will pay. Also, a bill has been introduced into the legislature to make the ECFRPC boundaries the same as the State's Water Management Districts. The Planning Council will be following this legislation and other matters coming up very closely. TOWNHALL MEETING Mayor Beals reported that if there were no Council objections, he would like to hold the annual Town Hall Meeting on Tuesday, May 24, 1983. It was the consensus of the Council to designate the second Council Meeting in Mayas the annual Town Hall Meeting. CITY ENGINEER~S REPORT - TREATMENT PLANT EXPANSION. City Engineer Bud Sampson of Springstead and Associates was present to present the final report on the City's Treatment Plant Expansion Project. Mr. Sampson presented his report and explained that the following improve- ments and modifications would be. needed to upgrade the plant to hand~e~ .990 million gallons per day: 1. Lift Station #6 (final station-before the plant) will not be able to handle the flow when the plant is upgraded and will need to be enlarged. 2. New grit chamber is needed. 3. Flow equalization tank is needed so the flow will be the same each minute of the day. 4. Measuring device to be used in conjunction with the flow equali- zation tank is needed to measure and regulate flow. 5. Aeration tanks are of proper size but will need a new aeration system. 6. Sludge thickener is needed for quicker and better drying. 7. The present return sludge system needs new pumps and measuring devices. 8. A vacuum assisted. sludge drying. bed which requires only 1,300 square feet of space; and saves time, space and labor. 9. Effluent disposal - must increase sprayfield to accommodate the additional 300,000 gallons per day. e CITY OF CLERMONT e MINUTES REGULAR MEETING April 12, 1983 Page -3- 10:. A new emergency generator is needed. 11. Present clarifier is adequate.'in size, but needs to be rebuilt. 12. The flow equalization chamber will be elevated, so another lift statiomwill not be needed. This will give the plant a 4,000 square foot storage area and office space below the tank. 13. The present lab needs to be remodeled, and 14. The traffic flow pattern at the plant needs to be reworked. The total cost for the improvements and modifications listed above was reported to be $1,220,274. Mr. Sampson stated that some of these costs would hopefully, upon completion of the 201 Stud~ be paid for by the Federal Grant. Mr. Sampson then asked if',rthere were any questions re- garding the report. City Manager Forbes asked how long the pumps at Lift Station #6 would last. He explained that the pumps are not working properly. Utility Director Davis stated that one pump is working eighteen hours and the other two hours per day. They could burn out tomorrow or last two years. The problem stems from worn impellers. A decision has to be made as to whether to repair the pumps or install two new pumps before the improvement grant is obtained. $4,000 would be needed to repair what is there (and it would later be replaced by the new pumps), and the new pumps would cost approximately $22,000. If the new pumps were in- stalled, the size of the wet well would have to be increased. City ~anager Forbes asked Mr. Sampson and Mr. Davis investigate the altern- 'atives and present the Council with a cost/benefit analysis. They stated that they would make their, recommendations at a future Council 83-057 Meeting. After much discussion, AMOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ACCEPT THE CITY ENGINEER'S REPORT AS PRESENTED. RESOLUTION NO. 424 - CONDITIONAL USE PERMIT FOR WILLIAMS STEEL" INDUSTRIES Mayor Beals explained that Williams Steel Industries had requested a Conditional Use Permit to expand their existing manufacturing facility Mayor Beals then called for a public discussion of the request. No one spoke for or against the request. Mr. Bill Williams appeared before the Council and gave a ,brief history of his p.lant.in.~Clermont. He explained that the extension of the crane way at this plant would keep people on the payroll and make for a more efficient plant operation. He also spoke of City regulations and the fact that over regulation like over taxation can destroy. Mr. Williams then read from a Chamber of Commerce publication on "What Full Employment Can Do", and ended his statement by saying that he was upg~ading the plant for survival. He felt that some of the condi- tions in Resolution No. 424 would be difficult to meet, and that Mr. John B~own would elaborate on them. Mr. John Brown appeared before the Council to itemize the conditions he felt were not in the best interest,:.of Williams Steel and the changes he wished to incorporate into them. They were as follows: 1. Items one through seven were found to be satisfactory. 2. Item number eight should be changed to read six months or one year (whichever is later) "after Hewitt Construction Company's work on adjacent roadways is finished. 3. Item number nine regarding ivy vines on the fence, Mr. Brown felt that they needed visibility into the facility. For security reasons, he did not want to obstruct the view. Also, he felt that underground sprinkling was not needed, and that they could maintain the landscaping without it. e CITY OF CLERMONT e MINUTES REGULAR MEETING April 12, 1983 Page -4- There were no problems with the landscaping on Twelfth Street and in the parking area, however, he did not want the landscaping along the fence or on DeSoto Street. 4. In item number eleven, hel felt that the barrier around the retention area was not needed because of good internal con- trol of employees. Employees would not come within 30' of the area and placing posts would just be an added expense. 5. Item number 12, Mr. Brown did not feel that this was in the expansion area, and an easement would not be necessary. In answering Mr. Brown's comments, Council Member Turville stated that he felt item number eight should read...requirements being met within one hundred and eighty days of the granting of the Conditional Use Permit (April 12, 1983) because it appears that Hewitt Construction's work on the adjacent roadway is already complete. In item number nine, he felt that security was no excuse for not planting some type of vine on the fence to maintain a buffer for adjacent property owners. It was suggested that the hand tools could be locked in a storage area for security pur- poses. Council Member Pool stated.that Confederate Jasmine grew rapidly, was easy to maintain and this could be planted along the fence instead of ivy. He also stated that he felt some type of barrier around the retention area was needed because at the present time a pile of steel beams was stacked in the area, and that these barriers would not cause an undue financial burden to Williams Steel. With regard to the easement, it was agreed that the City would cap off an old line which runts under the Williams Steel Paint Shop upon completion of the new line. After much discussion, 83-058 A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. 424 GRANTING A CON- DITIONAL USE PERMIT TO WILLIAMS STEEL INDUSTRIES FOR THE EXPANSION OF THEIR EXISTING FACILITY WITH THE FOLLOWING CHANGES: ITEM NO.8 WAS CHANGED TO ,READ ...REQUlREMENTS BEING MET W~T~~N ONE HUND~D AND ~~GHTY DAYS OF THE GRANTING OF THE CONDITIONAL USE PERMIT (APR~L ~:l, ~~l:U). ITEM NO.9 WAS CHANGED TO READ ...MUST INCLUDE IVY VINE (OR JASMINE VINE) THAT WILL COVER THE ENTIRE FENCE OR PLANTS ,OUTSIDE THE FENCE...THE APPLICANT UNDERSTANDS AND AGREES TO PROPERLY MAINTAIN PLANTS. ITEM NO. 11 WAS LEFT THE SAME, AND ITEM NO.. 12 WAS CHANGED TO READ THE APPLICANT SHALL GRANT THE CITY OF CLERMONT A 12' UTILITY EASEMENT (STORM, WATER, AND SEWERl ON THE EAST 12' OF BLOCK 124 AND WEST 5' OF THE VACATED ALLEY; TO BE GRANTED UPON COMMENCEMENT OF CONSTRUCTION OF THE NEW STORM SEWER LINE. UPON COMPLETION OF THE NEW LINE, THE CITY AGREES TO CAP OFF OLD LINE RUNNING UNDER EXISTING PAINT SHOP.' COUNCIL MEMBER COLE ABSTAINED FROM VOTING DUE TO ,HIS EMPLOYMENT HITH WILLIAMS STEEL INDUSTRIES. RESOLUTION NO. 425 - CONDITIONAL USE PERMIT FOR ANDREW MORRIS' PROPERTY Mayor Beals explained that Mr. Andrew Morris had requested a Conditional Use Permit to add a carport to his duplex at 610 West Lakeshore Drive. A Conditional Use Permit is required because a duplex is a nonconforming use in a R-I-A Zone. Mayor Beals then read two letters from property owners Mr. and Mrs. Terry Brent and Merle Bright favoring the improvements to Mr. Morris' property; and called for any comments from those present in the audience. No one spoke for or against the request. Mr. Tom Dougherty, Attorney for Mr. Morris, appeared before the Council to explain the request by stating that Mr. Morris felt that he had dll of the required permits to begin construction of a carport and scre~ned porch when he did so. Mr. Dougherty further explained the construction of the screened porch at the rear of the duplex and that the large storage area to the rear of the carport was needed for boat storage. He also stated that in two years Mr. Morris would retire and the duplex would become a single family residence. For security purposes, it would remain a duplex until then. Mr. Jack Sargent of the Clermont Planning and Zoning Commission appeared before the Council to clarify their recommendations for the property. I CITY OF CLERMONT I MINUTES REGULAR MEETING April 12, 1983 Page -5- Council Member Pool stated that he had looked at the property and felt that Mr. Morris should be able to continue the construction of the porch and extended storage area. 83-059 At this point, Mr. Ray Cochran appeared before the Council and discussed that the pr~perty~ine abutting ~he carport was being disputed. City Attorney Balrd advlsed the Councll that this was a civil matter between both property owners and should have no influence on the Council's decision on the Conditional Use Permit because Mr. Morris had provided all documents required by the City. After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND CARRIED BY A FOUR TO ONE ROLL CALL VOTE TO ADOPT RESOLUTION NO. 425 GRANTING A CONDITIONAL USE PERMIT TO MR. ANDREW MORRIS TO ALLOW THE CONSTRUCTION OF A 10' x 43' SCREENED PORCH,AT THE'REAR OF THE BUILDING, AND CARPORT AND STORAGE SPACE TO THE REAR OF THE CARPORT, NOT TO EXCEED 16' x 46' LOCATED AT 610 WEST LAKESHORE DRIVE AND SUBJECT TO THE SEVEN CONDITIONS LISTED IN THE RESOLUTION. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS DUPEE, POOL, COLE ,AND TURVILLE, AYE; AND MAYOR BEALS, NAY. REQUEST FOR SIGN VARIANCE EXTENSION - MARINO THOMAS Mr. Marino Thomas appeared before the Council to request a~one-yeat0~ extension to the sign variance for his 200 square foot billboard located on Highway 50, just west of the Clock Restaurant. The present variance expires on April 13, 1983. Mr. Thomas stated that at the end of one year, the sign would be ~emoved because the property the sign is on would be developed. Mr. Thomas also stated that he was aware he could erect a sixty-four square foot sign on the property without a var- iance, but at this time did not want the additional expense involved. Council Member Turville stated that at the time the variance was granted, Mr. Thomas was not in the telephone book and needed to advertise his down- town business. However, that no longer was thecease. Mayor Beals stated that there was a hardship when the variance was granted,>but that hard- 83-060 ship no longer existed. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT A ONE YEAR EXTENSION OF MR. THOMAS' SIGN VARIANCE. THE MOTION FAILED TO PASS BY A THREE TO TWO VOTE. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL AND COLE, AYE; AND COUNCIL MEMBERS DUPEE, TURVILLE, AND MAYOR BEALS, NAY. City Manager Forbes was instructed to grant Mr. Thomas a reasonable length of time to remove the sign. ORDINANCE NO. 232~C - AMENDING CHAPTER'll, HEALTH AND SANITATION City Manager Forbes explained that this Ordinance amends Chapter 11, Health and Sanitation. Sections of the Ordinance dealing with certi- fying doctors and food service have been deleted because the City no longer is responsible for these matters. Article III has been repealed because all chemicals are now regulated by the Department of Agriculture, Health Department and the Environmental Protection Agency. Article IV has been updated to insure consistent penalties and terminology are used. Mayor Beals asked for public discussion, and no one spoke for or against 83-061 the proposed Ordinance. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 232-C WHICH AMENDS CHAPTER 11, HEALTH AND SANITATION. VOTING WAS AS FOLLOWS: COUNCIL ~~~~~R~ COLE, TURVILLE, DUPEE, POOL, AND MAYOR BEALS; AYE. THE ORDINANCE WAS READ BY TITLE ONLY. ORDINANCE NO. 233-C - AMENDING CHAPTER 14, OFFENSES Mayor Beals explained that this Ordinance amends Chapter 14 on Offenses and that it was carefully reviewed by the City Attorney and Ch~ef of polic[ to insure that the Ordinance is current and does not conflict with State Law. Sections dealing with alcoholic beverages, indecent language, lotter~ ies, weapons and prostitution have been repealed because these offenses are already covered by State Law. Mayor Beals asked for public discussinn. and no one spoke for or against the proposed Ordinance. After some discus 83-062 sion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 233-( WHICH AMENDS CHAPTER 14, OFFENSES. VOTING WAS AS FOLLOWS: COUNCIL ~~~BE~ DUPEE, POOL, TURVILLE, COLE, AND MAYOR BEALS; AYE. THE ORDINANCE WAS READ BY TITLE ONLY. e CITY OF CLERMONT e MINUTES REGULAR MEETING April 12, 1983 Page -6- RESOLUTION NO. 423 - AMENDING RESOLUTION NO. 394 City Manager Forbes explained that the City's Bond Attorneys had requested that the Council adopt Resolution No. 423 to amend Reso- lution No. 394 to correct the definition of "franchise tax" by substituting "Florida Power Corporation" for "Florida Power and 83-063 Light Company". After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPEE, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION NO. 423;- AMENDING RESOLUTION NO. 394. VOTING WAS AS FOLLOWS: COUNCIL MEMBERS POOL, DUPEE, COLE AND TURVILLE, AND MAYOR BEALS; AYE. THE RESOLUTION WAS READ BY TITLE ONLY. NEW BUSINESS APPOINTMENT TO PLANNING AND ZONING COMMISSION Mayor Beals read a letter of resignation fvom the Planning and Zoning Commission by Tony Honey, and then called for nominations to fill the vacancy. Council Member Turville nominated Mrs. Pat Grant Parker and Council Member Pool nominated Mr. Joe Washuta, a former member of the Planning and Zoning Commission. Mr. Washuta, who was in the audience spoke of his qualification to the Council. There were no more nomi- 83-064 nations, and the nominations were closed. VOTING WAS AS FOLLOWS: TURVILLE, COLE, DUPEE AND MAYOR BEALS VOTED FOR MRS. PARKER; AND POOL VOTED FOR MR. WASHUTA. BY A FOUR TO ONE VOTE MRS. PARKER WAS APPOINTED TO FILL THE UNEXPIRED TERM OF TONY HONEY TO THE PLANNING AND ZONING COMMISSION. Mr. Washuta expressed his disappointment in not being appointed by stating that the reason he was not appointed was politically motivated because he had run for a seat on the Council during the last election. Mrs. Peggy Weatherbee expressed similar sentiments for her failure to be nominated to the Commission. CITY ELECTION DATE CHANGE City Attorney Baird explained the required changes to the City Charter ~n order to provide for an election in November to coincide with the State of Florida General Elections. After some discussion of the pro- posed changes, it was noted that there was some question if in fact there was a county-wide election in odd numbered years, and the taking of office in January instead of December. Mayor Beals stated that he would like to bring the proposed ordinance before the people during the Town Hall Meeting in May. City Attorney Baird was instructed to investigate these questions and prepare a Final Draft of the Ordinance for the April 26, 1983 Regular Meeting. Mr. Baird stated that he would do so. CETA SUMMER YOUTH EMPLOYMENT PROGRAM - MEMORANDUM OF UNDERSTANDING City Manager Forbes explained the CETA Program in which young adults can work for local governments. He stated that the City had participated in the program before and had experienced no problems. In prior years the Utility and Public Works Departments had employed from two to five 83-065workers through the Program. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH LAKE COUNTY FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM. The Meeting adjourned at 10:50 p.m. ~;3. 031~. CHARLES B. BEALS, MAYOR ATTEST: w~~ CLERK FORM 4 ORANDUM OF VOT LAST NAME - FIRST NAME - MIDDLE NAM.. AGENCY is unit of: CONFLICT o STA TE A ril 12, 1983 NAME OF PERSON RECORDING MINUTES P.O. Box 695 CITY Clermont, FL NAME OF AGENCY City of Clermont ZIP 32711 COUNTY Lake OCOUNTY Julie M. Brandt TITLE OF PERSON RECORDING MINUTES IXIMUNICIPALITY Deputy City Clerk SPECIFY OOTHER MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112,3143 (1979) ] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to 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. 1. Description of the matter upon which you voted in your official capacity: Abstained from voting on a Conditional Use Permit for Williams Steel Industries. 2. Description of the personal, private, or professional interest you have in the above matter which inures to your special private gain or the special private gain of any principal by whom you are retained: Abstained from voting on a Conditional Use Permit for Williams Steel Industries because I am employed by the Company. 3. Person or principal to whom the special gain described above will inure: a.1KI Yourself b.O Principal by whom you are retained: (NAME) ~. DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: April 26, 1983 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. 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 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - REV. 12-79