02-26-1980 Regular Meeting
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CITY OF CLERMONT
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REGULAR MEETING
A regular meeting of the City Council of the City of Clermont was held in
the Council Chambers on Tuesday, February 26, 1980. The meeting was called
to order at 7:30 P.M. by Mayor Claude Smoak, Jr., with the following
Councilmen present: Councilman Lester Cole, Dennis Thomas, and Carlisle
Byrd. Other Officials present were City Manager Forbes, City Attorney
Baird, Finance Director Saunders and City Clerk, Sandra Rozar.
The Invocation was offered by Councilman Byrd, followed by repeating
the Pledge of Allegiance in unison by those present.
Mayor Smoak introduced and welcomed the new City Clerk, Sandra Rozar.
Mayor Smoak requested the Minutes of the Regular Meeting held on Febru-
ary 12, 1980 be amended to change the wording of Impact Fees to read
Imrovement Fees. The Minutes of the Regular Meeting held February 12,
1980 were approved as amended.
VARIANCE REQUEST: FIRST BAPTIST CHURCH
80-31
The City Council, acting as a Board of Adjustment, considered
a request submitted by Dan Judy representing the Building Com-
mittee for the First Baptist Church asking to construct a util-
ity Building in the rear yard of the church that exceeds the
square footage allowed by the Zoning Ordinance. The Council
discussed the fact that the ordinance applies more to residen-
tial buildings, the irregular shaped lot and topography of
this property. It was recommended that the Ordinance be re-
viewed to determine its effect~ancommercial properties and
the needs of the community. Councilman Byrd made the motion to
grant the variance to the church with Councllman Thomas second-
lng. The motlon was unanlmously adopted.
RECREATION COMMITTEE REPORT
Mayor Smoak elaborated on the function of the Recreation Com-
ittee and named the members of the committee. Members being
Dennis Thomas, Chairman serving until this time, other members,
Mary Shaw, Gerald Shepard, Ray McMahon, Adolphus Church, and
Beth Allsion. Dennis Thomas is now serving as a Councilman.
Mary Shaw spoke representing the Recreation Committee, giving
their recommendations and considerations as follows: (1) City
funding of Summer Youth Programs, hiring a summer Recreational
Supervisor working approximately 20 hours per week. The esti-
mated cost being $1,200. (2) Construction of a Public Park in
the Orange Hill~ea. Construction would include a fence and
swing sets. Mr. Bob Wear has agreed to work with interested
local citizens and construct the balance beam, tire maze, tether
ball and agility run projects. (3) Frank Stearns, a Clermont
High School student, as part of an Eagle Scout and Key Club
project has agreed to construct soccer posts at the Middle School
if approved by the school. They will also construct picnic
tables and cookout facilities at the Sunnyside Drive Park. No
cost estimate was made. (4) The committee recommends a fee of
$5.00 per person for Little League and Babe Ruth programs, Jr. and
Sr. Girls Softball Leagues, and a $10.00 fee per person for adult
softball programs be implemented this year. The intents of this
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CITY OF CLERMONT
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fee is to De placed in \1 fund for Recreation Programs. F;wh
team would be required to submit a list of eligible players
with the above fees for NON-RESIDENTS ONLY. (5) The committee
analyzed the following options for improving Jaycee Beach:
(1) Fencing Jaycee Beacll from the Boat Ramp to the Bell
Cerumics property. (2) Allowing the concessionaire or hi ri nq
employees to charge fees for the beach. (3) Re-routing Lake
Minneola Drive und charging fees as persons park their cars.
(This option is not presently feasible, since the state owns th,
right of way.) (4) Having a service organization charge fees
for the beach (This option was not considered feusible since i'
required too much of a long term committment) .
After considering all the above options, the Recreation
Committee recommended (1) A four foot fence be constructed
from the present four foot fence west to the Boat Ramp and
east to the Bell Ceramics property. This fence would have
three public access gates for charging fees. Estimated cost
would be $5,000. (2) A fee be charged for non-residents
on w~ekends and holidays from M~morial nay to Labor Day as
follows: (a) $.50 for Adult use of the beach, (b) $.25 for
children's use of the beach (c) $1.50 for use of the Boat Ral~)
and Driver. The Boat Ramp could be charged every day through-
out the s\m~er. Residents would be able to get a card at
City Hall and obtain admission to all the listed facilities
at no charge. Season ticketp could also be purchased at City
Hall for non-residents at the following prices: Boat Ramp -
$25.00 per season, Beach - $5.00 per person or $15.00 per
family membership. The concessionaire is interested in col-
lecting and taking a percentage of the fees.
The committee recommended also that possible sources of grant
funding be investigated. This would be expended to include
new restrooms and remodeling the concession stand. It was
also recommended the Ci ty Attorney investigate the possibili tL':;
of gaining public access of West Beach. The committee recommr'[1:!
they be allowed to seek potential sites and funding for an
outdoor recreational complex (approximately 20 to 30 acres)
that would include softball diamonds as well as open space
for soccer and other activities. The total funding recommend-
ations for all mentioned was $10,000. Public comments were
made~ each program taken separately with estensive consideratioli
The following persons taking part: Mr. Bob Wear, Anne pitt,
Gerald Shepard, Mr. Searles, Mrs. Jane Winchenbach, Frank Stell ("
Lloyd Boliek, George Hovis, Nora Kirkland, Beth Allison, Fran-
ces Gifford, Debbie Kennard, Mr. Czech, Mary Bullock, Mr.
R(~ynolds, and Colelle Judy. The general comments were in favor
of the fees for non-residents, however, there were objections
to the implementation being in force this year.
80-33
Motion was made by Councilman Byrd and seconded by Councilm2n
Cole that all school functions be exempt from the fees. The
motion carried unanimously. Colene Judy questioned if Business
owners were exempt. It was clarified that all Clermont resi-
c1pnts and property owners will be exempt. Moved by Councilm.:ln
Byrd, seconded by Councilman Cole that fees due for Softball~
Baseball participants be due by July 1, 198Q. Councilman Byrd
questioned whether each individual would be responsible for
payment or each League. It was clarified that each League wou!, 1
be responsib] e for submi tting their rost('r and payment to the
City. The motion was carried unanimously.
80-32
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CITY OF CLERMONT
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Mr. Wear asked questions on the Recreation Committee's
functions and funding sources. Mayor Smoak encouraged
Mr. Wear to accept an appointment to the committee since
he believed Mr. Wear would be a great asset.
Mr. Reynolds asked if there was a way of deterrring parking
and loitering west of the beach area. Discussion revealed
the area is under the Department of Transportation juris-
diction. The City Attorney was requested to investigate
the possibilities Chief Tyndal may take in resolving the
problem.
It was questioned by Mayor Smoak if there was an objection
to guest cards, possibly at a nominal charge for resident
guests desiring to make use of the recreational facilities.
The recreation committee was directed to further research
this matter.
80-36
Councilman Thomas made a motion to accept the Recreation
Committee's Report as amended, leaving the distribution
of the funds within each program to the discretion of the
Clty Manager. The motion was seconded by Councilman Byrd
and carrled unanimously.
Mayor Smoak introduced he has appointed to the Recreation
Committee, Barrie Rakow and Ed Pauley.
WATER METER RECONCILIATION: DAN JUDY
80-37
Mr. Dan Judy appeared before the council regarding a water
meter and assessment he was required to pay in order to
construct a mini-warehouse located at 631 DeSoto Street.
Mr. Judy felt it unfair to have to pay for a new meter and
assessment, with Mr. Vandermeex being refunded the payment
of a meter that was to have been installed in 1972.
Mr. Baird, City Attorney, attested it was completely legal
for the City to have refunded the original meter cost to
Mr. vandermeer and assess Mr. Judy at the current rate for
installation. After some discussion, Councilman Thomas
made a motion the $550.00 paid by Mr. Judy be refunded.
The motion died for lack of a second. Councilman Byrd
made a motion to install a 1 1/2 inch meter and refund
$100.00 for the meter now installed, seconded by Council-
man Cole. The motion was amended to refund Mr. Judy the
cost he paid for the water meter. The motion was carried
wlth Councilman Thomas voting negative. Authority was given
to Attorney Baird and City Manager Forbes to collect the
$225.00 refunded Mr. Vandermeer.
SHUTTLE BUS SERVICE: MR. ANTHONY SIDES
80-38
Mr. S~des appeared before the Council requesting the City
provide a statement to the Public Service Commission stat-
ing the Council agrees the area does need a Shuttle Bus System.
The motion was made by Councilman Byrd, seconded by Councilman
Thomas and unanimously carried that City Manager Forbes be
authorized to sign a letter on the need for bus serVlce.
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CITY OF CLERMONT
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WATER SYSTEM CLOSING
City Manager Forbes reported the closing of a $1.6 million
water system improvement loan from the Farmers' Home
Administration has been postponed until March 10. The
closing was originally scheduled for Wednesday, February
27, 1980 at Clermont City Hall, but was delayed by the
FMHA due to scheduling conflicts.
FLOATS, SWIMMING AREA
City Manager Forbes reported there are three floats remain-
ing in the water, out of nine originally placed as swim-
ming safety markers. He suggested posts of PVC pipe with
signs denoting the swim area would last longer. There
were no objections from the Council in allowing the City
to construct such a system.
RESOLUTION #346
This resolution was read by Title only.
A RESOLUTION BY THE CITY COMMISSION OF THE CITY OF CLERMONT,
FLORIDA ELECTING TO PARTICIPATE WITH THE EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL IN A COMBINED ENTITLEMENT JURIS-
DICTION PROGRAM TO APPLY FOR A GRANT REGARDING LEAA/CRIMINAL
JUSTICE ENTITLEMENT FUNDS TO IMPROVE THE CITY'S LAW ENFORCE-
MENT CAPABILITIES.
City Manager Forbes explained the intent of this resolution
is to combine with other cities in the East Central Florida
Regional Planning Council to qualify the city for possible
Law Enforcement Funding.
80-34
A motion by Councilman Thomas, seconded by Councilman Byrd
was made to adopt this resolution. The motion was carried
unanlmously.
COMMUNICATION
A letter of resignation was received from Raymond McMahon
of the Recreation Committee. Mayor Smoak commended him
for his efforts on this committee and stated he plans to
remain active in community affairs.
COMPREHENSIVE PLANNING GRANT
80-35
City Manager Forbes reported on the City's application for
a Local Government Planning Grant. The project would be
a comprehensive sewer system study equivalent to the water
study recently completed. The city has been awarded a total
grant amount of $6,228. One half of the total grant amount
must be matched by the City, however, the City will
not need the entire grant amount for this project. Forbes
recommended the agreement with the City Engineer be accepted.
The estimated cost of the Engineering Study is $5,800. The
City must provide for the installation of a recordimg flow-
meter and provide a City worker for infiltration examination
for a total cost of $8,700. Councilman Thomas made the motion
with Councilman Cole seconding to approve the Local Government
Planning Act Assistance Fund Agreement between State of Florida
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CITY OF CLERMONT
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Department of Community Affairs and City Council of Clermont
Florida, and the agreement with the City Engineer for the
Sewer Study. The motion was carried unanimously.
FLOOD CONTROL ORDINANCE# 203
City Manager Forbes explained the purpose of the Flood
Control Ordinance. The Ordinance requires the City to
review all building permits and subdivision proposals to
insure that they are safe from flooding. The Ordinance
is required to comply with the requirements of the National
Flood Insurance Program.
For the Clermont Chain of Lakes, 99' above sea level, is
considered the one hundred year flood elevation. New buildings
must then have the lowest floor elevated 18" above this level.
These regulations would give the City more guidance and
control over development in flood hazard areas.
Councilman Thomas introduced Ordinance #203 for First Reading.
The Ordinance was read.
Mr. Seargeant requested something be done regarding the group of people
loitering and panhandling about town. Chief Tyndal was requested to
look into the matter to determine what can be done.
There being no further business to be brought before the Council,
the meeting was adjourned by Mayor Smoak at 10:30 P.M.
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CLAUDE E. SMOAK, JR., MAYOR