11-27-1979 Regular Meeting
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CITY OF CLERMONT
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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.
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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.
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CITY OF CLERMONT
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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.
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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.
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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.
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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.
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CLAUDE E. SMOAK, JR., - Mayor
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DOLORES W. CARRO L - Ci ty Clerk