10-09-1979 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, 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.
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CITY OF CLERMONT
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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
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CITY OF CLERMONT
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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.
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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)
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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
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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.
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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.
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DOLORES W. CARROLL - City C erk