Loading...
11-27-1979 Regular Meeting e . . e CITY OF CLERMONT MINUTES REGULAR MEET I NG A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, November 27, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Counci lmen Cole, Schroedel, Byrd, and Meginley. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Finance Director Saunders, Public Works Director Smythe, Public Uti lities Director Davis, and Chief of Police Tyndal. Others present were: Mr. & Mrs. August Schultz, Mr. & Mrs. Bob Wertz, Dr. & Mrs. William Relyea, Mr. & Mrs. Otto Koppius, Mrs. Ruth Alice Ray, and the Messrs. Keene, Czech, Sargent, Bumgarner, Powell, Shepard, Searles, Jackson, and Thoma s . The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Special Meeting held on November 20, 1979 were approved as written. GENERAL ELECTION Mayor Smoak reminded all present of the General Election of the City to be held in the Council Chambers on Tuesday, December 4th, and announced that the Chamber of Commerce would be sponsoring a "Meet the Candidates'l Forum in the High School Auditorium on Thursday, November 29th at 7:30 P.M., to which he urged all to attend. FINANCE DI RECTOR Mayor Smoak introduced the recently appointed Finance Director of the City, Mr. Wayne Saunders, and welcomed him to the Council table. VARIANCE REQUEST: DR. & MRS. WILLIAM RELYEA Council, sitting as a Board of Adjustment, considered a request by Dr. & Mrs. William Relyea for a Variance to Section 26-20 (C)(4) (RIA URBAN RESIDENTIAL DISTRICT-LOT COVERAGE) of the Zoning Ordinance in order to construct an addition to their home located at 140 East Lake Shore Drive, and described as follows: S 551 of Lot 4, All of Lot 5, Lake Highland Estates City Manager Forbes advised that the zoning ordinance al lows a maximum lot coverage of 40%, and that this property, with the proposed addition, would have a lot coverage of 45%. Dr. Relyea appeared before Council in support of his request, and advised that the problem was created when they constructed a tennis court on their property that had to be constructed in such a way, due to the topography of the lot, that it was counted in the over-all allowable lot coverage; That they desired to build a two-story bedroom/storage room addition to their home to provide required additional living space for a member of their family that wi I I be coming to live with them; and, That he felt the proposed addition would add significantly to the appearance of their home and to the general neighborhood. He further advised that all rear and side yard requirements would be met, and that provisions had been made for additional drainage. Councilman Byrd advised that his observation of the property revealed that the lot slopes, is somewhat irregular in shape, is a corner lot which somewhat restricts the coverage that can be uti lized, is different than adjacent property in the area, and he would thereby be in favor of granting the request. Councilman Meginley advised that he had also viewed the property, and that he concurred with Councilman Byrd that a unique hardship exists on the property which is not shared by others in the area. There was no one else present who desired to address the matter. City Clerk Carroll advised of a communication from Mrs. Ester S. Fox, an abutting property owner, wherein she advised of no objection to the request. Motion was made by Councilman Cole, seconded by Councilman Schroedel and unanimously carried that the request be granted. e . . e CITY OF CLERMONT MINUTES ANNEXATION Mr. Allan Keene, a general partner of the Lakeview Hills development, appeared before Council to seek their general feel ing toward a proposed plan for annexation and potential re-zoning to R-3 of a 34 acre tract immediately south of Lakeview Hills for a multi-family development for senior citizens. Mr. Keene advised that certain statutory requirement procedures for annexation would have to be instigated before Council could take a position on the matter, and, following such procedure, should the property be annexed into the City, the next step would be to refer the re-zoning matter to the p&Z Commission for their study and consideration in Public Hearing as to a proper zoning for the property, for recommendation back to Council. With regards the Lakeview Hi lIs property that is presently inside the city I imits, Mayor Smoak inquired as to the status of making application for the re-zoning of the balance of the property to conform with the development currently under construction, as had been agreed to prior to granting of the re-zoning following the geographic lines of the existing development. Mr. Keene assured Council it was still their intent to continue with single family development; That their mortgage holders were reticent in asking for a re-zoning on the whole front side of the property until such time as a portion of the property had been developed, but that they were in a position of development now that the mortgage holders would issue releases for the balance of the property, and they would proceed along those lines. CHANGE OF MEETING DATE City Manager Forbes advised that the regularly scheduled meeting date for the second meeting of this month falls on December 25th, and he inquired of Council IS desire for a re-schedul ing. It was the suggestion of Councilman Schroedel, and there was no objection by other members of the Council, that the next regular meeting be re-scheduled to Thursday, December 27th. SLUDGE City Manager Forbes advised that the City presently gives away sludge to anyone, free of charge, but that other cities had been very successful in selling the material, and if there be no objection by Counci I, the City would solicit bids for all sludge removal for a period of January 1, 1980 to December 31, 1980. There was no objection from Council. COMPLETE COUNT COMMITTEE City Manager Forbes advised of a communication from the Bureau of Census recommending that the City appoint a Complete Count Committee to provide information to local citizens to explain the purpose of the 1980 Census and encourage citizens to complete Census forms, and inquired of Council IS desire in the matter. Mayor Smoak opined that the matter should be considered inasmuch as the Census determines a great deal of the participation level of the Federal and State Governments in revenue sharing. It was the suggestion of City Manager Forbes that the P&Z Com- mission could be util ized as such a Committee, and he would present the matter to them at their meeting to be held on December 4th. There was no objection from Council to the Managerls suggestion. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL City Manager Forbes inquired of Council IS desire to make appointments to the ECFRPC Housing Opportunity Plan Committee and A-95 Review Committee. It was the suggestion of Mayor Smoak that the matter be postponed pending additional infor- mation on the Committees as to whether or not it is mandatory to make such Committee appointments in order to be a member of the Council, the functions of the Committees, and the frequency of the Committee meetings. There was no objection by other members of the Council to the Mayorls suggestion. e . . e CITY OF CLERMONT MINUTES GENERAL ELECTION BOARD City Clerk Carroll submitted the following named persons to serve on the Election Board of the General Election to be held on December 4th, and recommended that they be appointed, with authorization being granted also to make substitutions should it become necessary: Clerk: Inspectors: Mrs. Hilda McCown Mrs. Frances Oswalt Mrs. Goldie Wilson Mrs. Elizabeth Konsler Mrs. Frances Brice Mrs. Ella Mae Sheldon Mrs. Alice Pelfrey Mr. W. B. Mallory Mr. Coman Post Mr. Oakley Seaver Mr. Gordon R. Dowl i ng Machine Inspectors: Officer-of-the-Day: Motion was made by Councilman Schroedel, seconded by Councilman Cole and unanimously carried that the City Clerkls recommendation be accepted. UPPER OLKAWAHA RIVER BASIN BOARD Mayor Smoak announced that a Technical Advisory Committee meeting on the Water Study would be held in the Council Chambers on Wednesday, November 28th at 10:00 a.m. at which time the newly appointed Project Coordinator, Mr. Will Davis, will be introduced, and a progress and financial report wi II be given. Mayor Smoak further advised that all interested persons are invited to attend. CHRISTMAS PARADE City Clerk Carroll read a communication from Michelle J. Delaney, Parade Chair- person, wherein she expressed deepest appreciation for the Cityls financial contribution, and invited City Manager Forbes and Members of the Council to participate in the Parade. LIABILITY INSURANCE As previously requested by Council, City Manager Forbes and City Attorney Baird submitted a report on the Cityls I iabil ity insurance coverage and the limits of sovereign immunity. City Manager Forbes advised that the City now has total I iability coverage in the amount of $1.5 million, plus $100,000 in property damage, and that existing State Stuautes limit municipal liabil ity to $50,000 per person, and $100,000 per occurrence. Mr. Baird advised that two Circuit Courts have ruled that the Statute is unconstitutional, and unti I such time as the Supreme Court rules on the constitutionality of the Statute, he would recommend that the City not rely on the limits cited in the Statute. Mr. Forbes advised that, if the Council wishes to reduce the present coverage, he would recommend that the umbrella coverage in the amount of $1 million be eliminated, which would reduce the general liability coverage to $500,000 and save a premium of $8,189. It was the opinion of Mayor Smoak that it would be prudent, without any undue exposure and risk to the City as long as the Statute remains in effect and is not declared unconstitutional, to remove the umbrella coverage, and then review the $500,000 coverage which exceeds by 500% the statutory I imitation, when and if the Supreme Court rules that the statute is unconstitutional. Councilman Byrd opined that the whole purpose of carrying insurance is to manage the risk to which you are exposed, and he was not convinced that the risk is reduced in proportion to the amount of coverage that is proposed to be reduced. Counci lman Schroedel opined that it would be in the best interest to drop the umbrella coverage and save the $8,189 premium, and thereupon moved that it be so ordered. Councilman Meginley seconded the motion, and additionally opined that it be imperative that a close watch be kept as to the Supreme Courtls rul ing on the Statute, at which time a re-evaluation of the City's total liabil ity position should be made. Upon request from the Chair for a voice vote, the motion carried with Councilman Byrd voting in the negative. e . . e CITY OF CLERMONT MINUTES CLEAN COMMUNITY SYSTEM The Clermont Clean Community Project Team submitted the following named persons who have consented to serve as members of the Clermont Clean Community Com- mission, and they recommended that they be appointed: BUSINESS/INDUSTRY: Sue Hooten, Oakley Seaver, Ray Roberts, James Law, and Mike Conley; COMMUNITY ORGANIZATION: Bonnie Homan, Frank Trolle, Robert Johnstone, Tom Honaker I I I, and one vacancy to be filled pending a decision by the Chamber of Commerce; EDUCATION: William Cockroft, Dave Lofgren, and Gerald McLean; AT-LARGE: Hazel Johnson and William N. McKinney; EX-OFFICIO NON-VOTING MEMBER: The City Manager or his designated representative. Motion was made by Councilman Cole, seconded by Councilman Byrd and unanimously carried that the recommendation of the Project Team be accepted. WATER REPORT Mayor Smoak advised of a recent work session of Council at which time City Engineer Springstead presented a rather extensive review of the City's current water system, the productive capacity, the storage capacity, distribution, fire requirements, etc., and had submitted recommendations staged in 5 phases that City Manager Forbes had been requested to review for report and recommendation back to Council. City Manager Forbes suggested that Council seriously consider funding Phases I, I I, and I I I as soon as possible which would include a 500,000 gallon storage tank and a 12" main from Chestnut to DeSoto in Phase I; A 12" main from the Seminole Well to the Highland Tank, and one new Well in Phase I I; and, Additional 12" and 8" main through the Central Business District, An 8" main on East Avenue past the School, and Two 8" I ines between the transmission main, south of Highway 50 and the existing Lakeshore main, in Phase I I I. Mr. Forbes further suggested that he be allowed to prepare a grant/loan application to FmHA for the necessary funding of the proposed three Phases, advising that the sooner the appl ication is received, the higher the City would be on the list for funding. Motion was made by Counci lman Byrd, seconded by Councilman Cole and unanimously carried that the City Manager be authorized to instigate the preliminary procedures for making application to FmHA as suggested. Due to the tremendous and costly capitol improvements that the City is presently faced with, both in water and effluent disposal, it was proposed by Mayor Smoak that a Town Hall Meeting be held some time in January to introduce the needed improvements and their estimated costs 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 improvements. RESOLUTIONS/ORDINANCES Motion was made by Counci lman Byrd, seconded by Councilman Cole and unanimously carried that the necessary Corporate Resolution be adopted to include Finance Director Saunders as a proper city official to deposit and withdraw city funds. ." fv-31L- Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN EDUCATIONAL BUILDING TO BE USED FOR SUNDAY SCHOOL CLASSES, be adopted. The Resolution was adopted, it was read by City Clerk Carroll by title only, and the Number 342 assigned to it. (Amended 12-11-79 Regular Meeting) Councilman Cole introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF LAKESHORE DRIVE, and the Ordinance was read for a first reading by title only, by City Clerk Carroll. e . . e CITY OF CLERMONT MINUTES There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:35 P.M. &~~ CLAUDE E. SMOAK, JR., - Mayor !,0~e~~~ tM4ftJ / DOLORES W. CARRO L - Ci ty Clerk