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12-11-1979 Regular Meeting e e- . e CITY OF CLERMONT MINUTES REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, December 11, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Cole, Meginley, Byrd, and Schroedel. Other officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy Clerk Smith. Others present were: Mr. & Mrs. Robert Wertz; Mr. & Mrs.Chester Frederick; Mr. & Mrs. Tom Brennen; Mr. & Mrs. William Boyd; Mr. & Mrs. Dave Lofgren; Mr. & Mrs. Robert Gaumond; and Messrs. Cunningham, Thomas, Poynter, Ward, Sargent, and Horton. A representative of the Sentinel/Star was also present. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. Mayor Smoak introduced Councilman-elect Mr. Dennis Thomas, and reminded all present of the December 18th Run-Off Election in which the following Council seats would be filled as follows: Mr. Gerald Shepard or incumbent Mr. Jim Meginley in Group I; and, Mr. Bobby J. Duncan or incumbent Mr. Lester Cole in Group II. The following amendments were offered to the Proposed Minutes of the Regular Meeting held November 13, 1979: COOPER MEMORIAL LIBRARY Mayor Smoak requested that the Library Board review the current make-up of their Board inasmuch as a voting member of the current Library Board is a Chief Executive Officer of a neighboring City that refused to participate in funding of the Library. CHRISTMAS PARADE That there were commitments from 60 units, with hopes of 100 units total. The following amendments were offered to the Proposed Minutes of the Regular Meeting held November 27, 1979: RESOLUTIONS/ORDINANCES A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, GRANTING A CONDITIONAL USE PERMIT TO THE BLESSED SACRAMENT CATHOLIC CHURCH TO ALLOW THE CONSTRUCTION OF AN EDUCATIONAL BUILDING TO BE USED FOR SUNDAY SCHOOL CLASSES. The Proposed Minutes of the Regular meetings held November 13 and November 27 were approved as amended, and the Proposed Minutes of the Special Meetings held December 3 and December 5 were approved as written. VARIANCE REQUEST: MR. & MRS. ERNEST ARVESEN Council, sitting as a Board of Adjustment, considered a request by Mr. & Mrs. Ernest Arvesen for a Variance to Section 26-20 (C) (2) (R1A URBAN RESIDENTIAL DISTRICT-GENERAL REQUIREMENTS-LOT WIDTH) of the Zoning Ordinance in order to construct a residence on their property described as: Lot 366, Orange Park Subdivision (1648 First Street) Mayor Smoak advised that the desired variance is for a reduction of the lot width at the building line from 100' required to 80'. Mrs. Wm. Boyd, e e- . e CITY OF CLERMONT MINUTES representing the petitioners, appeared before Council in support of the request and advised that the Arvesen's wish to sell Lot 366 for the construction of a home, and without variance approval, the lot could not be used for this purpose. City Manager Forbes advised that much of the property in this area had been developed on lots with a frontage of 80'. Deputy Clerk Smith advised of communications received from abutting property owners as follows: Mrs. Don Pederson, Mrs. Margaret Hollyfield, Mr. & Mrs. Sterling Frey, Mr. Anthony Winther, Mr. Wm. Boyd, and Mr. LeRoy McKee, whereby they have no objections to the granting of the request. Following inquiry from the Chair as to anyone else present who desired to address the matter, whereby Messrs. Ward and Poynter, abutting property owners, advised they had no objections to the request, motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that the request be granted. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL City Manager Forbes reported that, as requested by Council at the November 27th meeting, he had discussed with Regional Planning Council officials if the City is required to have two A-95 review representatives and one Housing Plan member, and that it is not mandatory to have these representatives, but it is highly recommended. FmHA GRANT/LOAN APPLICATION City Manager Fobres reported that, as authorized at the November 27th meeting, he and Finance Director Saunders were preparing the FmHA grant/ loan application for the necessary funding of water improvements as recommended by the City Engineer, and that the application would be forwarded to FmHA officials later this week. UTILITY RATES Mayor Smoak reported on a memorandum from the City Manager concerning utility rates and alternatives for funding of annual payments due for the proposed utility improvements necessary to increase the water producing capacity in the City of Clermont. City Manager Forbes reported on alternative funding methods as follows: Alternative I. No Subsidy to the Sewer System Since funding lS necessary for financing water system improve- ments, it may no longer be feasible to utilize water revenues to subsidize the sewer system, as is currently being practiced, but that without this subsidy, $69,742 in additional revenues must be added to the sewer system. This would result in a 32% increase in the sewer rates, which would increase the residential rates from $6.75 to $8.91 per month, or a $2.16 per month increase. This alternative has two major advantages: (1) it would adjust the sewer rates to accurately reflect actual operating costs, and (2) it would only require an increase in the water rates of $1.00 per month to finance the water system improvements. Alternative II. Continue the Subsidy to the Sewer System By continuing to subsidize the sewer system with water system revenues, the City would be required to increase only the water rates to finance the water improvements. This could be accom- plished by increasing the minimum water rate for the first 3,000 gallons from $3.00 to $4.50, and increase the rate for each additional 1,000 gallons from 50~ to 75~. e e- . e CITY OF CLERMONT MINUTES It was the recommendation of Mayor Smoak, and Council was in agreement, that in order that all citizens of the City be made aware of the substantial capitol investment money that will have to be generated in order to make the needed utility improvements, that the agenda for the Regular Meeting scheduled for January 22, 1980 be restricted solely to a Public Hearing on the proposed utility improvements for discussion by Council members and any interested citizens, such meeting to be held at 7:30 P.M. in the Jenkins Auditorium. LAKE CORRECTIONAL INSTITUTION Councilman Cole reported that the Chamber of Commerce had instigated a study of the Lake Correctional Institution inasmuch as the facility was originally constructed for the housing of minimum security prisoners, but that maximum security prisoners were currently being housed in the facility. SR50 TRAFFIC LANE MARKERS Councilman Meginley reported that the Department of Transportation, through a communication to the City Manager, had agreed to re-install reflective markers on SR50 through Clermont in the near future. LIBRARY BOARD Councilman Byrd commented on the amendment to the Minutes of the Regular Meeting held November 13th concerning the Library Board, as requested by Mayor Smoak, inasmuch as he believed the wording of the amendment might be misconstrued. He reported that it was his understanding that Minneola City Manager Water was a voting member of the Library Board prior to his appointment as City Manager, and any connection between Mr. Waters as City Manager in Minneola and his position on the Library Board were coincidential. Mayor Smoak was in agreement, but advised of questions by several Clermont citizens concerning the fact that Clermont tax monies were being spent without any City representation on the Board as a voting delegate, as opposed to an adjacent municipality who funds nothing toward the Library, having more authority in determining where City of Clermont funds are spent. EXPENSE VOUCHERS City Manager Forbes advised of a new standard expense voucher form that was available to be used by any City employee for reimbursement of expenses incurred while on official City business. Mayor Smoak excused himself from the Chair, and Councilman Byrd assumed the Chair. COMPREHENSIVE PLAN GRANT City Manager Forbes advised he had received information from the Department of Community Affairs regarding the availability of State grant funds under the Local Government Comprehensive Planning Act; That the grant program has been expanded to allow communities that had already completed their comprehensive plans to receive funding to implement their Plans; That the funds are awarded on a 50% matching basis; That approximately $6,200 in grant funds could be available to the City of Clermont, and; That he recommended that the preliminary application be forwarded to the Department of Community Affairs inasmuch as if accepted, grant monies could still be refused. Following the reading of an unnumbered Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REQUESTING FINANCIAL ASSISTANCE FROM THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM by Deputy Clerk Smith, by title only, e e- . e CITY OF CLERMONT MINUTES motion was made by Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the Resolution be adopted, and that the City Manager's recommendation be accepted. Mayor Smoak resumed the Chair at this time. UPPER PALATLAKAHA STUDY AGREEMENT City Manager Forbes advised of an Agreement between the City of Clermont, Lake County, Lake County Soil and Water Conservation District, and the Lake County Water Authority concerning the Upper Palatlakaha Study, such Agreement assigning specific duites each party is to perform, which would require the City of Clermont to: a. Collect funds for the Study. b. Open a separate audited account for distribution of the Study funds. c. Provide quarterly financial statements to all participating agencies providing funding. d. Provide all bookkeeping for the Study. e. Provide, title, insure and maintain a motor vehicle for the Study. f. Serve on the Executive Committee. g. Serve on the Technical Committee. h. Donate $8,000 to the Study Budget. He further reported that the City is already performing the above duties and recommended that the Agreement be approved; however, along with the Agreement, a letter be sent to the participating parties, such letter to be a part of the Agreement, stating that items (e) (providing and maintaining a vehicle) is also a part of item (h) (the $8,000 contri- bution in this year's budget) to insure there is no confusion on those items. Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that the Agreement be approved with authorization being given to the Mayor to sign said Agreement, and that the explana- tory remarks as explained by the City Manager be made a part of the Agreement. SPECIAL MEETINGS Mayor Smoak called a Special Meeting of the City Council to be held in the office of the City Manager on Monday, December 17, 1979 at 5:05 P.M. to prepare the Ballot Box for the Run-Off Election to be held December 18, 1979, and, a Special Meeting to be held on December 19, 1979 at 9:00 A.M. in the office of the City Manager to certify the Certificate of Result for the December 18, 1979 Election. ORDINANCES/RESOLUTIONS Councilman Meginley offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF AN UNNAMED STREET ON THE NORTH BOUNDARY OF HILLCREST SUBDIVISION DESCRIBED HEREIN, and the motion was seconded by Mayor Smoak. The Ordinance was read in its entirety by Deputy Clerk Smith. It was the suggestion of Councilman Byrd, and he thereupon moved, that the Ordinance be amended by adding the following to Section I: This easement shall prohibit the erection of any buildings, and said easement shall be made available to the City of Clermont in order to maintain existing and future utilities. 19 q ,C 'L)~C '2e . ') ol-c oL ?~ e . e . CITY OF CLERMONT MINUTES The motion was seconded by Councilman Meginley and unanimously carried. Following discussion in which Councilman Byrd reiterated his opposition to the closing of the street, and Councilmen Schroedel and Cole's advisement of their opposition to the closing, upon roll call vote on passage of the motion, the result was: Ayes: Meginley and Smoak. Total Ayes: Two. Nayes: Cole, Schroedel, and Byrd. Total Nayes: Three. So the adoption of the Ordinance was rejected. Councilman Cole offered and moved the adoption of AN ORDINANCE UNDER THE CODE OR ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF THE PLANNING AND ZONING COMMISSION FOR THE CITY OF CLERMONT, FLORIDA, and the motion was seconded by Councilman Meginley. The Ordinance was read for a second and final reading by Deputy Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Meginley, Byrd, Schroedel, Cole, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 199-C assigned to it. Councilman Byrd offered and moved the adoption of AN ORDINANCE PRO- VIDING FOR THE ESTABLISHMENT OF A CLERMONT CLEAN COMMUNITY COMMISSION FOR THE PURPOSE OF ASSISTING THE CITY COUNCIL IN ESTABLISHING POLICIES FOR REFUSE MANAGEMENT, and the motion was seconded by Councilman Meginley. The Ordinance was read for a second and final reading by Deputy Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Cole, Schroedel, Byrd, Meginley, Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 200-C assigned to it. Councilman Meginley offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 6, CEMETERIES, SECTION 6-9, TRUST FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the motion was seconded by Councilman Schroedel. The Ordinance was read for a second and final reading by Deputy Clerk Smith, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Meginley, Byrd, Schroedel, Cole, Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 20l-C assigned to it. Due to the existing crisis in Iran and the request of the President for united support in his efforts to secure the release of American hostages held in Iran, Mayor Smoak reported he and City Attorney had prepared a Resolution of support for Council's consideration. Councilman Schroedel offered and moved the adoption of A RESOLUTION OF THE PEOPLE OF CLERMONT, FLORIDA, U.S.A. THROUGH THEIR ELECTED CITY OFFICIALS, SUPPORTING THE HONORABLE JIMMY CARTER, PRESIDENT OF THE UNITED STATES OF AMERICA, IN HIS EFFORTS TO PEACEFULLY SECURE THE SAFE RELEASE OF AMERICAN HOSTAGES HELD IN IRAN. The motion was seconded by Councilman Cole and unanimously carried. The unnumbered Resolution was read in its entirety by Deputy Clerk Smith. It was the suggestion of Councilman Byrd, and Council was in agreement, that a copy of the Resolution be forwarded to the President and the Press. The Resolution received the unanimous endorsement of all persons present. Mr. Dave Lofgren advised Council members that all U.S. citizens had been urged to send Christmas cards to the American Hostages, and that said cards should be mailed to the American Embassy in Iran, P. O. Box 50, Tehran, Iran. PLANNING & ZONING COMMISSION City Manager Forbes reported that the Planning & Zoning Commission, at their last meeting, requested that the City Council establish a policy e . . e CITY OF CLERMONT MINUTES by which nominees petition the City Council for membership. Mayor Smoak opined that anyway a citizen in the community indicated their willingness to serve on the P&Z would be acceptable to him, and that if they were unable to attend the Organizational Meeting, a letter would be acceptable, but that he hoped that all persons interested in becoming a member of the P&Z would attend the first City Council meeting in January and indicating that interest. JENKINS AUDITORIUM Mrs. Ruth Fredericks, President of the All State Club, and Mr. Tom Brennen, President of the Friendly Group, appeared before Council and indicated their Club's inconvenience of the policy as established by the City regarding use of the Auditorium prior to their scheduled programs for set-up purposes. This matter was referred to the City Manager. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:00 P.M. C1e~ CLAUDE E. SMOAK,JR- Mayor cJClfr\ S~ JAN SMITH - Deputy City Clerk e e- . CITY OF CLERMONT MINUTES COUNCIL MEMBER GROUP I e Meginley, H. James 588 Shepard, Gerald L. (Shep) 308 COUNCIL MEMBER GROUP II Cole, Lester Duncan, Bobby J. 475 427