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01-27-1981 Regular Meeting e e e e CITY OF CLERMONT MINUTES January 27, 1981 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 27, 1981. The meeting was called to order by Mayor pro tern Dennis Thomas at 7:30 p.m. with the following Councilmen in attendance: Lester Cole, Mike Conley, and Bob Pool. Mayor Hoskinson was in attendance, arriving after the invocation. Other City Officials present were: Finance Director Saunders, Chief of Police Tyndal, Building Official Harvey Nagel, Public Works Director Bob Smythe, and City Clerk Rozar. The Invocation was offered by Finance Director Wayne Saunders, followed by repeating of the Pledge of Allegiance by all present. The Minutes of the Regular Meeting held January 13, 1981 were amended as follows: PLANNING & ZONING COMMISSION - (Amendment No.1) The following named persons were presented as requesting appointment to the Planning & Zoning Commission: Laura Cook Jo Cunningham Adelbert Evans Albert Fogel Louise Relyea Bob Thompson Joe Washuta Per Roll Call vote, the following is a reflection of the votes cast for persons requesting appointment to the Planning and Zoning Commission: Laura Cook 4 (Conley, Hoskinson, Pool, Thomas) Louise Relyea 4 (Conley, Hoskinson, Pool, Thomas) Bob Thompson 4 (Conley, Hoskinson, Pool, Thomas) Adelbert Evans 3 (Conley, Pool, Thomas) Jo Cunningham 2 (Pool, Hoskinson) Joe Washuta 2 (Conley, Thomas) Albert E. Fogel 1 ( Hoskinson) A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN POOL, AND UNANIMOUSLY CARRIED THAT THE FOUR HIGHEST VOTE RECIPIENTS BE APPOINTED TO THE BOARD, AND THE FIFTH SEAT BE TABLED FOR VOTE WHEN THE FIFTH MEMBER OF THE COUNCIL IS PRESENT. CLEAN COMMUNITY COMMISSION - (Amendment No.2) The following named persons were presented as requesting appointment to the Clean Community Commission: John J. McCarthy Bob Wertz Mrs. Marvin L. Stiles Isaac McCall, Jr. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS, AND UNANIMOUSLY,CARRIED THAT THE INCUMBENT SEATS, 1. Sue Hooten, 3. Ray Roberts, 7. Frank Trolle 11. Bill Cockcroft, 13. Gerald McClean, 15. William McKinney BE RE-APPOINTED, AND THE FOLLOWING PERSONS BE APPOINTED TO SEATS 4, 5, 8 & 9 respectively: John J. McCarthy Mrs. Marvin L. Stiles Bob Wertz Isaac McCall, Jr. e e e e CITY OF CLERMONT MINUTES January 27, 1981 Page 2 PARKS AND RECREATION COMMITTEE - (Amendment No.3) The following persons submitted letters requesting appoint- ment to the Parks and Recreation Committee: Arlene Hanks, Nell Hunt, Bob Wear, Ed Pauley, Beth Allison, Adolphus Church, Don L. Smith, Barrie Rakow and Mary Shaw. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN POOL, AND UNANIMOUSLY CARRIED THAT THE PERSONS SUBMITTING LETTERS IN REQUEST OF APPOINTMENT BE APPOINTED TO THE PARKS AND RECREATION COMMITTEE. ECFRPC 208 WATER QUALITY ADVISORY BOARD- (Amendment No.4) A MOTION WAS MADE BY COUNCILMAN CONLEY AND SECONDED BY COUNCILMAN POOL, THAT BILL DAILEY AND ADELBERT "BUCK" EVANS BE APPOINTED AS CITIZEN AND ALTERNATE MEMBERS OF THE ECFRPC 208 WATER QUALITY ADVISORY BOARD. THE MOTION CARRIED WITH MAYOR HOSKINSON CASTING A NAY VOTE. *Mayor Hoskinson requests the record reflect that as a matter of policy he believes every priority should be given to appointing city residents to fill positions on the City advisory boards and eliminating dual officeholding with respect to individuals serving the City in more than one capacity. Multiple officeholding increases the possibilities for conflict of interest and reduces citizen participation. January 27 Meeting cont'd. CITY MANAGER'S REPORT Finance Director Saunders stated there will be a Public Hearing in Tavares with our State Senator and House of Representatives. This meeting will give all boards, municipalities, elected officials and the general public the opportunity to inquire or suggest any proposed legislation. FINANCE DIRECTOR'S REPORT Finance Director Saunders reported that all firms contacted regarding Interim Financing have responded favorably if the City should decide to market their own Bond Anticipation Notes. Sun Bank, WID. R. Hough Co., and Southeastern Municipal Bond are interested in bidding for the Bond Anticipation Notes. Sun Bank is still holding open their option for a Direct Loan. Mr. Saunders suggested action be taken at the next meeting. COUNCIL REPORTS Mike Conley Councilman Conley reported he had attended a meeting of the Upper Palatlakaha Water Study and received a preliminary report to study. e e e e CITY OF CLERMONT MINUTES January 27, 1981 Page 3 Lester Cole 81-11 Councilman Cole relating to the City Manager's memo, stated that he felt Jacob Odom should receive more than the 50% time credit for sick leave accrued to be reimbursed upon his retirement. It was discussed that the current personnel policy does not allow sick leave accrued to be reimbursed upon termination or retirement. It was the consensus of the Council that Mr. Odom is deserving of a bonus for the 675 hours of sick leave he has accrued, and that any action taken not necessarily be a precedent for future sick leave policy. A MOTION WAS MADE BY COUNCILMAN CONLEY THAT JACOB ODOM BE AWARDED A CASH PAYMENT FOR 50% OF HIS SICK LEAVE ACCRUED. THE MOTION DIED FOR LACK OF A SECOND. After extensive discussion, A MOTION WAS MADE BY COUNCILMAN COLE AND SECONDED BY COUNCILMAN THOMAS THAT MR. ODOM BE AWARDED A CASH PAYMENT FOR 75% OF HIS SICK LEAVE ACCRUED. THE MOTION CARRIED WITH COUNCILMAN CONLEY VOTING NAY. Mayor Hoskinson presented Mr. Odom a watch in appreciation for the 22 years Mr. Odom has served the City. SUB-LEASE: GEORGE HOVIS 81-12 Mayor Hoskinson explained the request by George Hovis to sub-lease a portion of his offices to Fetherman, Crabtree, and VanAusdal, P.A., Certified Accountants from Lakeland, Florida. The area to be occupied is the former office of Leonard H. Baird, Jr. and his secretary. A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN COLE AND UNANIMOUSLY CARRIED THAT THE SUB-LEASE REQUEST BE GRANTED. APPOINTMENT OF PLANNING AND ZONING MEMBER 81-13 Appointment of the fifth seat on the Planning and Zoning Commission was carried over from the previous meeting due to the lack of a majority vote for three nominees. The three persons voted on previously were: Jo Cunningham, Albert Fogel, and Joe Washuta. No other names were submitted for nomination. After extensive discussion, A MOTION WAS MADE BY COUNCILMAN THOMAS AND SECONDED BY COUNCILMAN POOL THAT JO CUNNINGHAM, ALBERT FOGEL, AND JOE WASHUTA BE NOMINATED AND A ROLL CALL VOTE BE TAKEN TO DETERMINE THE APPOINTMENT OF THE FIFTH SEAT TO THE PLANNING AND ZONING COMMISSION. THE MOTION CARRIED WITH MAYOR HOSKINSQN CASTING A NAY VOTE, STATING HIS OPPOSITION TO THE PROCEDURE. Per Roll Call Vote, the following is a reflection of the votes cast for persons requesting appointment to the Planning and Zoning Commission: Jo Cunningham Albert Fogel Joe Washuta 1 (Pool) 3 (Cole, Hoskinson, Thomas) 1 (Conley, Albert E. Fogel was appointed to the Planning and Zoning Commission by majority vote. e e - e CITY OF CLERMONT MINUTES Janaury 27, 1981 Page 4 UPPER PALATLAKAHA CONTRACT 81-14 Will Davis, Project Coordinator for the Upper palatlakaha Water Study was present and explained the proposed contract. He stated there were only minor revisions in the agreement from last year's. After some discussion, A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCILMAN THOMAS, AND UNANIMOUSLY CARRIED THAT THE UPPER PALATLAKAHA WATER STUDY AGREEMENT BE ACCEPTED. CONDITIONAL USE PERMIT: BELL CERAMICS 81-15 It was explained that Bell Ceramics is a nonconforming use under R-3 zoning, and cannot be changed to another nonconforming use. However, through the conditional use process it may be enlarged or expanded if it is determined that such reconstruc- tion or expansion is not detrimental to the district in which it is located. After review of the Planning and Zoning Com- mission's recommendation, and discussion, a MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN CONLEY AND UNAN- IMOUSLY CARRIED THAT THE CONDITIONAL USE PERMIT BE GRANTED AS FOLLOWS: I. The conditional use permit shall become void if the existing use (ceramics manufacturing) of this property is changed. 2. The conditional use permit will expire in five (5) years if no construction has begun on the proposed addition. 3. Any addition3 shall be restricted to a height that does not exceed the height of the present block building and to a total maximum floor space of 40,000 sq. feet, measured by the exterior building lines. 4. Within one (1) year after the addition is completed, and temporary C/O issued, the existing two (2) story structure (Mold Building) shall be torn down and removed from the site. At that time a permanent C/O will be issued or the temporary terminated. 5. The addition must meet all City setback regulations. 6. The property must conform to all applicable City rules and regulations such as, but not limited to: landscaping, building codes, parking, drainage, street loading and unloading. 7. No ceramic wastes may be disposed on the property, and no undue noise, odor or smoke shall be emitted from any building located on the property. 8. A Certificate of Occupancy be issued only after all of the above conditions are met. 9. Consideration must be given to avoid reduction of the view of the lake to property south and east in the site plan- ning process. e e e e CITY OF CLERMONT MINUTES January 27, 1981 Page 5 VARIANCE: K & E Construction, 600 and 640 W. Osceola St. The architect for Lake Minneola Development, Inc. presented a request for a variance to the City's Zoning Ordinance to construct two quadriplexes with a front yard setback of 18', whereas, 25' are required and the rear yard setback of 19', whereas, 25' are required. He stated the unusual triangular shaped configuration of this property makes the variance necessary, creating problems with the parking requirements. He further stated that the slope of the property substantiates the need for the particular design of the buildings. Tony Honey, representing himself and Mr. and Mrs. H. A. Honey, spoke in opposition to the variance. He stated granting this variance would be in essence not for hardship reasons, but for architectural accomodation. He emphasized the problem of street parking already existing on Osceola Street, between Seventh Street and Lake Street, which would be compounded further by the additional traffic to these units. 81-16 After extensive discussion, it was the consensus of the Council that there being sufficient property to build upon without the issuance of a variance, granting this particular variance would indeed be for architectural accomodation. A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCILMAN THOMAS, AND UNANIMOUSLY CARRIED THAT THE VARIANCE BE DENIED. VARIANCE: Cumberland Farms, East Avenue and Highway 50, N.W. corner Finance Director Saunders explained that this variance requests a rear yard seback of 20', whereas, 25' are required and a front yard setback of 46', whereas, 50' are required. Representative for Cumberland Farms stated that moving the building further forward would create a parking and traffic flow problem, and the steep topography to the rear of the building warrants this request. The canopy would extend four feet into the front yard setback, but is only a roof for weather protection, and will be nine feet high and open. 81-17 After extensive discussion, A MOTION WAS MADE BY COUNCILMAN POOL, AND SECONDED BY COUNCILMAN THOMAS, THAT THIS VARIANCE BE GRANTED DUE TO THE SAFETY FACTORS WARRANTING THE SPECIFIED SETBACKS. THE VARIANCE WAS GRANTED WITH MAYOR HOSKINSON VOTING NAY. Mr. Hoskinson relates that, in his opinion, there were not sufficient reasons for granting this variance, and requests this clarification of his vote be reflected in the minutes. EXTENSION OF CLOSING DATE, INLAND GROVES 81-18 It was explained that the extension is necessary to give the City time to ensure that the property will be accepted by all of the governmental agencies for the disposal of the City's secondarily treated effluent. A MOTION WAS MADE BY COUNCILMAN THOMAS, SECONDED BY COUNCILMAN COLE, AND UNANIMOUSLY CARRIED THAT THE EXTENSION AGREEMENT FOR THE PURCHASE OF THE INLAND GROVE PROPERTY BE ACCEPTED, WITH THE DATE OF CLOSING, JULY 31, 1981. Councilman Pool requests it be noted for record, he does own one share in this property. e e e e CITY OF CLERMONT MINUTES January 27, 1981 Page 6 CETA AGREEMENT The agreement with the Lake County Comprehensive Manpower Services for the year 1980 - 1981 was presented for approval. 81-19 A MOTION WAS MADE BY COUNCILMAN COLE, SECONDED BY COUNCIL- MAN THOMAS, AND UNANIMOUSLY CARRIED THAT THE CETA AGREEMENT BE ACCEPTED. BIDS: GALVANIZED FITTINGS AND MATERIALS It was explained that the City has purchased galvanized fittings, pipes and parts for the Utility Department on an "as needed" basis in the past. It has been determined that a substantial savings can be earned by bidding the estimated one year inventory. Bids were received from Davis Meter and Supply Div., B & H Sales, Peninsular Supply Co., Hughes Supply Co., Suns tate Meter & Supplies, and Hernando Pipe and Supply Co. City Manager Forbes recommended by memo that the low bids on each material needed be accepted. The low bid items on each company's bid is circled on their individual spec sheets. This would be an approximate savings of $1,900 this year. 81-20 A MOTION WAS MADE BY COUNCILMAN CONLEY, SECONDED BY COUNCIL- MAN THOMAS, AND UNANIMOUSLY CARRIED THAT THE RECOMMENDATION OF ACCEPTING THE Lmv BID ITEMS ON THE VARIOUS BIDS SUBMITTED AS OUTLINED IN THE CITY MANAGER'S MEMO DATED JANUARY 20, 1981. BE- AC-CEPTED. The meeting adjourned at 9:20 p.m. ~~~-'-~ mes M. Hoskinson, Mayor I "ty Clerk