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10-09-1979 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, October 9, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Meginley, Byrd, Schroedel, and Cole. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Public Works Director Smythe, and Chief of Police Tyndal. Others present were: Mesdames Smoak and Ray; Mr. and Mrs. William Delaney; and, the Messrs. Guillet, Sargent, Wertz, Thomas, Searles, Giachett, Czech, Jones, Evans, Washuta, and Matthews. The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held on September 25, 1979 were approved as written. VARIANCE REQUEST: NICK A. JONES Council, sitting as a Board of Adjustment, considered a request by Mr. Nick A. Jones for a Variance to Section 26-23-C-2 (RESIDENTIAL PROFESSIONAL DISTRICT GENERAL REQUIREMENTS-LOT WIDTH) of the Zoning Ordinance in order to construct an up and down duplex on his property described as: Lot 19, North 22' of Lot 20, Block 7; Sunnyside Unit Subdivision that would have a 77' frontage at the building setback line instead of the required 100 feet for duplexes. Mr. Jones appeared before Council in support of his request, and advised that the proposed location is a portion of three full lots that he owns on which there is an existing up and down duplex utilized for his office and one rental unit, and, that his total property contains the required square footage for duplexes with a total frontage of 239 feet, but that the proposed construction site would only have a 77' frontage instead of the required 100 feet for duplexes. Mr. Jones further advised that the proposed construction would meet all other setback requirements. Inquiry was made from the Chair as to anyone else present who desired to address the matter, and there was none. A communication was read by City Clerk Carroll from Ms. Nancy Hollister, an adjacent property owner, in opposition to the request, opining that granting of such variance would result in lower neighborhood standards and undermining of existing zoning regulations. It was the consensus of Council that the area in question which is zoned to accomodate multiple family units, and which the trend has been, and is, to develop the area with multiple family construction, the proposed con- struction of Mr. Jones would be as appropriate in that area. Councilman Byrd opined that due to the odd shaped lots created in the area around Lake Sunnyside, and the slope of the lots which have created building problems, the proposed con- struction of the up and down duplex would be desirable in that area, and he thereupon moved that the request be granted. The motion was seconded by Councilman Schroedel and unanimously carried. CHRISTMAS PARADE Mrs. Michelle Delaney appeared before Council to advise of a local C1V1C endeavor to again sponsor a Christmas Parade on December 15th, and requested permission from Council to utilize a portion of East Highland Avenue immediately east of East Avenue for forming of the parade, and then use of East Avenue from its East Highland intersection to the Clermont Emementary/High School complex, for the parade route. Mrs. Delaney advised that advance response for participation in the parade thus far had been very encouraging with several firm commitments having already been made from out-of-city units as well as local units. Motion was made by Councilman Byrd, seconded by Councilman Cole and carried unanimously that permission be granted as requested during the proposed parade hours. e . . e CITY OF CLERMONT MINUTES EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mr. Cliff Guillet, Executive Director of the East Central Florida Regional Planning Council, appeared before Council to give an oral and slide presentation on the functions of the Council, explain how long range planning policies as instigated by the Council affects the entire region area which includes the City of Clermont, the advantages of being a voting member on the Council, and the membership eligibility requirements consisting of a firm agreement to adopt the Regional Planning Council's rules of procedure, an initial initiation fee, and subsequent annual per capita assessments as set by the Council for its work programs and budget, and that of the two voting delegates as selected to serve on the Council, one must be a member of the City Council with the second being a citizen selected at large by the City Council, or, may be a second member from the City Council. Mr. Guillet advised that funding for the Council is provided by 56. 7 source from the Federal government, 23.6 source from the State of Florida, and 19.7 source from local governments; That membership on the Council is not a mandatory pre- requisite for receiving assistance from the Council, but that voting representation offers a favored status of setting policies in the region and acting as a clearing- house for many federal grants as funnelled through the State. Mr. Guillet further advised that the initiation fee for the City to join the Council, based on a 25~ per capita fee would be approximately $1200 to $1300, and that the subsequent annual assessment rate for municipalities has historically been between 6 and 9 cents per capita. Mayor Smoak opined that the Planning Council is a proponent of local government control; That the Council had been very responsive to requests by the City for assistance in specific projects; and, That the City Council would be remiss in not having a voting authority on a regional planning council in order to give local input on planning which will be formulated for the projected boom growth area that includes and encompasses the City of Clermont. Motion was made by Councilman Byrd that the City apply for membership to the ECFRPC as outlined by Mr. Guillet orally and the previous communication forwarded by him. The motion was seconded by Councilman Meginley, and upon roll call vote, the motion carried unanimously. WATER DISTRIBUTION STUDY City Manager Forbes advised of a request by the City's Engineers for approval of expenditures in excess of the contractual agreement for doing a water study for the City @ $3750.00, the additional cost being for utilizing a computer service large enough to do a complete network analysis of the city's water distribution system that would not have been possible with their in-house computer. Council expressed concern to such budgetary over-runs without prior notice or approval by Council. Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that the matter be referred to City Manager Forbes for investigation and research in conjunction with the City Engineer, for report back to Council at the November 13th meeting. LAKEVIEW VILLAS LTD. City Manager Forbes reported on a communication received from the East Central Florida Regional Planning Council wherein they advised they were in receipt of plans for an apartment rental complex to be built in Clermont, and as part of their established review procedure, they solicited comments from the City regarding the proposed project. Inasmuch as the information forwarded on the project did not contain a specific location legal description, and the hand drawn site map did not show specific boundaries, Council was unable to determine if the project was in fact, inside the corporate city limits, whereupon motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that the matter be tabled pending further specific information. WEST ORANGE FARMWORKERS HEALTH ASSOCIATION Following Council action on September 25th at which time the City Attorney was instructed to prepare a Resolution in support of the WOFWHA to establish a satellite clinic in Groveland to serve South Lake County, Mayor Smoak advised of several requests from groups who desired to address the matter prior to final e . . e CITY OF CLERMONT MINUTES consideration by Council, and he inquired of Council approval to postpone con- sideration of the Resolution until the next Regular Meeting in order that representatives of the Association might be present to answer any questions that might arise concerning the operation, types of services rendered, funding sources, etc., and all interested parties might be heard. Council was in agreement that proposed Resolution No. 337 be postponed and placed on the agenda for the meeting to be held on October 23rd. LIABILITY INSURANCE Mayor Smoak reported on his recent attendance of the organizational meeting of the Directors of the Pooled Liability Insurance Program of the Florida League of Cities at which time Mr. Claude Mullis, League Counsel, strongly opined that the statutory limitations on liabilities of cities is $100,000 per occurrence and $50,000 per person. Inasmuch as the City is currently carrying substantially more coverage than that amount, Mayor Smoak requested that the matter be referred to City Attorney Baird, in conjunction with the City Manager, concerning an interpretation of the statute, and a written comparison of the City's current coverage and costs vs. coverage only for the previous interpreted statutory limitations, for con- sideration by Council at the next Regular Meeting. PETER POOL PARK Motion was made by Councilman Cole, seconded by Councilman Schroedel and unanimously carried that City Attorney Baird be requested to consult with Arthur Roberts, Attorney representing the Pool family, regarding the City's interest in acquiring ownership to the Peter Pool Park property in order to improve as a public park. GENERAL ELECTION Councilman Schroedel announced his tentative decision to not seek re-election to Council in the General Election to be held on December 4th. STATE ROAD 50 TRAFFIC LANES Councilman Meginley expressed concern that the painted traffic lanes along SR50 through the City were barely visible during times of rain creating a dangerous traffic hazard which he had observed recently, and also the loss of the reflected markers which had been in place prior to improvement of the road. The matter was referred to City Manager Forbes for investigation and report back to Council. TRASH AND GARBAGE PICKUPS Councilman Meginley advised of complaints received regarding trash and garbage pickups, and inquired if both were back on a regular schedule. City Manager Forbes advised the garbage pickups are made on a regular schedule based on certain days for north and south of SRSO, but that no set schedule is followed for trash pickups, and that presently the trash crews were concentrating in the City's area north of SR50. It was suggested by Councilman Meginley that these schedules be publicized via press releases, and the matter was referred to City Manager Forbes. CITY COUNCIL/CHAMBER OF COMMERCE WORK MEETING A joint work meeting of the City Council and the Chamber of Commerce to discuss the relationship between the two bodies, and to determine those areas in which the two authorities can work together to achieve common goals, was set for October 29th at 7:30 P.M. in the Council Chambers. COMHUNICATIONS City Clerk Carroll read a RESOLUTION received from the Clermont/Minneola Chamber of Commerce saluting the City in initiating a "Clean Community System" program, and offering its full support to help in anyway it can. The RESOLUTION was gratefully acknowledged by Council, and their appreciation was extended by Mayor Smoak. e . . e CITY OF CLERMONT MINUTES City Clerk Carroll read a communication from Joan M. Heggen, Secretary of the State Department of Community Affairs, wherein she congratulated the City in the successful effort to instigate an inter-agency study of the water flow and water quality in the Palatlakaha chain of lakes, and offered her assistance, and that of other units in the department, to the inter-agency committee. LAKE COMMUNITY ACTION AGENCY, INC. City Clerk Carroll advised of a request by the Lake Community Action Agency, Inc. for a representative to be appointed for nomination to their Board of Directors at their annual meeting to be held on November 2nd. It was the consensus of Council that Mrs. Bessie S. Jones, who has done a tremendous job while serving in that capacity as the City's representative for several years, be reappointed, and thanks be extended to her for participating in that capacity. The appropriate motion for her reappointment was made by Councilman Byrd, seconded by Councilman Meginley and unanimously carried. PAXTON BOATHOUSE REQUEST City Attorney Baird advised that he was in receipt of all the necessary easements along Lake Shore Drive except one, which he had been advised would be forthcoming within a few days; That as soon as he receives it, a public hearing can be set on the question of closing the street; and, That when the ordinance closing the street is adopted, the easements can then be recorded and the matter concluded. Mr. Baird recommended that the request of Mr. Paxton be tabled until the street closing ordinance is adopted, at which time his request will be a moot request as he will have a recorded interest in the property. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the City Attorney's recommendation be accepted and the matter be tabled until the street is closed. "CLEAN COMMUNITY SYSTEM" Mayor Smoak reported on a work meeting held on September 26th at which time a presentation was made by the Clean Community System Project Team following their attendance at a "Keep America Beautiful" workshop in Atlanta; That they had nothing but praise for the quality and value of the KAB program, but expressed reservations about the need for such a sophisticated effort in the City at this time, and its cost effectiveness; and, They felt enough good information and ideas had been obtained at the workshop to launch and sustain a program on a smaller scale that would assist greatly in the reduction of litter and the promotion of better handling of waste and trash in the City, and thereby submitted the following recommendations: 1. The City of Clermont notify KAB of its intent not to further pursue the KAB-required Clean Community System certification actions at this time; 2. The City of Clermont adopt an ordinance supporting the CCS concept and establishing a Clermont Clean Community Commission, such Commission to consist of from 12-15 members appointed by the Mayor/City Council for terms of one, two, and three year periods; 3. The present Project Team remain intact at the pleasure of the Mayor/ City Council to serve as an advisory body to the Commission, following their initial service as a promotional and educational task force; and, 4. The Project Team be authorized to establish by-laws governing the function of the Commission, and a Plan of Action to be pursued during the first year of the Commission's existence. The recommendations of the Project Team were unanimously well received by Council. Mayor Smoak announced the appointment continuation of the Project Team as initially made, Robert W. Wertz, Chairman Ray A. Jackson Robert E. Smythe (civic groups) (business community) (city government) e . . e CITY OF CLERMONT MINUTES and requested that they, and each member of Council, submit a name in nomination for appointment to the proposed Commission for consideration at the Regular Meeting to be held on November 13th. PLANNING AND ZONING COMMISSION Mr. Jack Matthews, a local business owner but whom resides outside the corporate city limits, appeared before Council to apprise them of his interest in serving on the P & Z Commission, and solicited their consideration in appointing him to fill the vacancy created following Mr. Meginley's appointment to City Council. City Attorney Baird advised that he and City Manager Forbes were presently working on a proposed model ordinance regarding the P & Z Commission inasmuch as there are no specifics existing other than the Charter requirement that a P & Z Commission shall be appointed. Motion was made by Councilman Meginley, seconded by Councilman Byrd and unanimously carried that the matter be referred to the City Attorney and City Manager for preparation of an ordinance providing for the establishment of the P & Z Commission, and to incorporate provisions for individuals on ad hoc advisory committees who live outside the corporate city limits, for consideration by Council at the next Regular Meeting. ORDINANCES/RESOLUTIONS ied M (2 i/ -- Councilman Schroedel offered and moved the adoption of AN ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA ADOPTING THE COMPREHENSIVE PLAN FOR THE CITY OF CLERMONT, AS REQUIRED BY THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975, and the motion was seconded by Councilman Byrd. The Ordinance was read for a second and final reading by City Clerk Carroll 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 124-M assigned to it. (?pa.- I ~) ") ';1 ) 7 L Councilman Byrd offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, SUPPORTING THE DEVELOPMENT OF A COMPREHENSIVE ENERGY MANAGEMENT PLAN, and the motion was seconded by Councilman Schroedel and unanimously carried. The Resolution was read by City Clerk Carroll by title only and the Number 338 assigned to it. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 10:00 P.M. cu~f::1/9::;r LCulW-d) h~4Ap~/ DOLORES W. CARROLL - City C erk