09-25-1979 Regular Meeting
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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, September 25, 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,
Finance Director Sanchez, Building Official Nagel, and Chief of Police Tyndal.
Others present were: Miss Susan Thomas; Ms. Vurnes and Creek; Mesdames Thomas,
Smoak, and Ray; Mr. and Mrs. W. B. Perry; Mr. and Mrs. Bob Wertz; and, the
Messrs. Wolfe, Czech, Sargent, Searles, McMahon, Thomas, Homan, and Ritchie.
A representative of the Sentinel/Star was also present.
The invocation was offered by Councilman Byrd, followed by the repeating of
the Pledge of Allegiance in unison by those present.
The following amendments were offered to the Proposed Minutes of the Regular
Meeting held on September 22, 1979:
The Lake County School Board unanimously agreed
to participate in funding of the proposed re-
creational facilities at the Clermont Middle
School on a 50/50 basis with the City up to,
but not exceeding, the estimated cost of $7,000
for total construction, and,
An acknowledgement by individual Council Members
as to their vote to fill the vacancy in Group
No. 1 was made as follows:
Rufus Sullivan
Jim Meginley
Councilman Schroedel
Ruth Alice Ray
Jim Meginley
Councilman Cole
Ruth Alice Ray
Jim Meginley
Councilman Byrd
Jim Meginley
Jim Meginley
=
Mayor Smoak
Motion was thereupon made by Councilman Byrd, seconded by Councilman Schroedel
and carried that the Proposed Minutes of the Regular Meeting held on September
11th be approved as amended, and the Proposed Minutes of the Special Meeting
held on September 13, 1979 be approved as written.
VARIANCE REQUEST: MR. & MRS. GUY C. SHELTON
Council, sitting as a Board of Adjustment, considered a request of
Mr. & Mrs. Guy C. Shelton for a Variance to Section 26-21 (E) (2) of the
Zoning Ordinance in order to extend and screen an existing patio on
their property described as:
Lot 27 and S 1/2 of Lot 28
Highland Estates Subdivision
(1340 Ryan Street)
City Manager Forbes advised the desired variance is for a side yard
variance from 7.5' required, to 1', in order to construct an 8' x 17'
screened porch. Mr. John Shelton, representing his parents, appeared
before Council in support of the request, and advised the desire was
to construct a screened porch of sufficient size to accomodate an
outdoor living area for his parents who are quite elderly; That there
is an existing fence and natural screening between the proposed con-
struction site and the immediate neighbor that would be affected; That
there were no window or door openings on the adjacent property which
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would face the proposed construction; and, That the immediate neighbor
in question had no objection to the proposed construction. Inquiry
was made from the Chair as to anyone present who desired to address
the matter, and there was none. Mayor Smoak advised of a communication
to Council from John Dormer, an abutting property owner, who advised
of no objection to the request. Councilman Schroedel opined of no
objection to enlarging an existing patio slab, and thereupon moved that
the request be granted. The motion was seconded by Councilman Cole.
It was the consensus of Mayor Smoak and Councilmen Byrd and Meginley
that an exceptional and unique hardship as required for granting of
variance had not been established, and to grant the request would be
setting a precedent for allowing other property owners in the area to
place structures within one foot of property lines, which they felt
would be in opposition to the philosophy intended at the time the
existing zoning ordinances were adopted. Following a roll call vote on
passage of the motion, the result was: Ayes: Schroedel and Cole. Total
Ayes: Two. Nayes: Byrd, Meginley, and Smoak. Total Nayes: Three. So
the request was denied.
COMPREHENSIVE PLAN
Mayor Smoak announced the second of two required Public Hearings to
consider the Second Part of the City's proposed Comprehensive Plan.
City Manager Forbes orally reviewed the proposed Plan which includes
Conservation, Potable Water, Sanitary Sewer, Drainage, Intergovernmental
Coordination, and Economic Feasibility. Following inquiry from the
Chair, there was no one present who desired to address the matter,
whereupon Councilman Schroedel introduced 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 Ordinance was read for a first reading
by City Clerk Carroll, by title only.
ADVANCED ACCOUNTING MACHINE
City Manager Forbes advised of a communication to Council from Burroughs
Corporation relative to their offer of sale of an advanced accounting
system and equipment, but inasmuch as the City Staff is still in the
process of analyzing various other systems and equipment, he did not
have a recommendation to submit at this time. The communication was
acknowledged by Council, and the matter referred to the City Manager.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
City Manager Forbes advised of a great deal of work on sewer and
water plans and regional planning in this area as conducted by the
ECRFPC, which is of particular interest to citizens in this area, but
as presently exists, the City does not have a voting voice on the
Council, and he queried as to their desire to have a representative
meet with them to discuss the benefits and advantages of becoming a
member of the Council. Mayor Smoak opined of possible interest due
to the Water Quality Study which has just been initiated, and the
absence of a voting member from Lake County on the Council, which
Council, controls a great deal of revenue funds submitted from the
Environmental Protection Agency. Mayor Smoak further advised of his
request to the Council as to the procedures and costs involved in
joining, and submitted their reply for public record. The communication
from Mr. Cliff Guillet, Executive Director, was read in its entirety
by City Clerk Carroll, is attached hereto, and becomes a part of
these Minutes. Due to the required approximate cost of $1100 in
initiation fees, the $1000 annual dues, and particularly the require-
ment that one of two members be a member of the City Council, Mayor
Smoak inquired of Council's desire to pursue the matter. Motion was
made by Councilman Byrd that the City Manager be instructed to invite
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Executive Director Guillet to make a presentation to the City Council
at the next regular meeting. The motion was seconded by Councilman
Cole and unanimously carried.
CASUAL AND LIABILITY INSURANCE
Finance Director Sanchez advised of his review of the proposal of
Risk Management Services, Inc. regarding a pooled self-insurance con-
cept; That he felt such concept is worthy of future consideration,
but inasmuch as it is not comparable to the City's current coverage,
he would recommend that the City continue to carry casualty and
liability insurance with the Aetna Insurance Company through the
local Olivenbaum Agency. Council was in agreement that the appropriate
action as recommended by Mr. Sanchez be referred to him and City
Manager Forbes.
INTERFUND LOAN
Finance Driector Sanchez advised that the Sanitation Fund which was
established at the beginning of this fiscal year is slowly building up
a cash reserve, but presently does not have sufficient funds to pay
its share of insurance premiums estimated at $14,000 which fall due
early in the fiscal year, and he recommended that authorization be
granted for the General Fund to loan to the Sanitation Fund up to
$14,000 at no interest, which would be repaid as funds become avail-
able, probably in the first half of the fiscal year. Motion was made
by Councilman Byrd, seconded by Councilman Meginley and unanimously
carried that the Finance Director's recommendation be accepted and
the loan be authorized.
AREA OF CRITICAL STATE CONCERN
Mayor Smoak advised that the Governor and Cabinet had agreed with the
decisions and recommendations of the Department of State Planning in
removing approximately 9200 acres immediately south of the City from
the designated Area of Critical State Concern.
EFFLUENT DISPOSAL AND WATER QUALITY STUDY
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Mayor Smoak reported on his presentation to Messrs. Forsgren and Darst
of the Bureau of Land and Water Management in Tallahassee recently
concerning the preliminary reports of the Marshland Study and the Water
Quality Study at which time they had expressed a very positive
attitude toward both projects, and had voluntarily agreed to participate
in the Water Quality Study in those areas that they can, and will appoint
a member to the Technical Advisory Committee to serve in that capacity.
INSURANCE POOL
Mayor Smoak advised of a request from the Florida League of Cities for
him to serve as an interim member of the new liability insurance pool,
which he had accepted to serve until such time as the City takes action
to participate or not to participate.
STATE LEAGUE OF CITIES ANNUAL CONVENTION
Mayor Smoak reminded Council of the Annual State League of Cities
Convention to be held in Kissimmee the latter part of October, and
urged that reservations be made early due to limited accomodations
resulting from a previously scheduled other convention at the same
location. He further advised of a particular program of interest to
Council that will be held on Friday afternoon at the convention which
is entitled "Small Cities Problems".
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PETER POOL PARK
It was the recommendation of Councilman Schroedel that the matter of
pursuing acquisition of Peter Pool Park in order that it might be
improved as a Public Park, be instigated. It was the suggestion of
Mayor Smoak, and Council was in agreement, that the matter be referred
to City Manager Forbes for investigation and recommendation in con-
junction with the principals involved, for report back to Council.
JUNK YARD SCREENING
Councilman Schroedel inquired of the status of requiring that the junk-
yard on Minneola Avenue be fenced. City Attorney Baird advised the
principals had been advised of the necessary fencing in order to comply
with existing ordinances, and he had been negotiating with their
Attorneys for quite some time. He further advised that at such time
he feels a complete impasse exists, he will request the necessary action
from Council to pursue the matter in court.
WEST ORANGE FARMWORKERS HEALTH ASSOCIATION
City Clerk Carroll read a communication from Ms. Tomasa Vurnes,
Administrative Aide of the West Orange Farmworkers Health Association,
wherein she solicited Council's favor and endorsement in their efforts
to establish a satellite clinic in Groveland which would serve the
needs of the rural poor and migrant farmworkers in South Lake County
and be deisgnated as the "SOUTH LAKE FARJl.1WORKERS HEALTH CENTER". Council
was in agreement to the need for such a facility in South Lake County,
and motion was thereupon made by Councilman Schroedel, seconded by
Councilman Meginley and unanimously carried that the City Attorney be
requested to prepare the necessary Resolution in support of the efforts
of the WOFWHA, for presentation at the next regular meeting.
GERMAN CONSULATE AID
City Clerk Carroll read a communication from Hannes K. Mittermayr,
Honorary Consul of the Federal Republic of Germany, wherein he advised
of a German Consulate in St. Petersburg to serve the needs of people
in Lake County whom might seek help from a German Consulate, and he
requested that this information be forwarded to the City Staff.
CLERJI10NT PENSION PLANS
Messrs. Jim View and Terry Rogers, representatives of Sun Bank, the
trustee of the City's employees pension plans, and Dr. Russell Fogler,
pension plan consultant from the University of Florida, appeared before
Council to apprise them of the assets existing in the City's Police
Plan, Fireman's Plan, and General Employees Plan, and to advise of the
various investments made to attain them. Dr. Fogler advised that he
was in agreement with the performance of the pension funds trustees
in their investments as guided by his investment objectives.
REQUEST FOR BOAT DOCK
City Manager Forbes advised of a request by Mr. Robert Paxton to con-
struct a boathouse of property opposite his home at 390 Lake Shore Drive
on which he holds a valid easement from the City, but which requires
prior plan approval by the City Council. Inasmuch as a response has
not been received from all affected property owners along Lake Shore
Drive regarding the proposed method to establish the Lake Shore Drive
right-of-way, and acknowledging the need for a conclusion to the
problem, it was the suggestion of Mayor Smoak, and Council was in
agreement, that City Attorney Baird, in conjunction with City Manager
Forbes, be instructed to prepare a firm recommendation for affirmative
action by Council at the next regular meeting, and that the request
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of Mr. Paxton be postponed until that time. Motion was made by Councilman
Cole, seconded by Councilman Schroedel and carried that the request of
Mr. Paxton be tabled until the next regular meeting to be held on
October 9, 1979.
RESOLUTIONS
Councilman Schroedel offered and moved the adoption of AN UNNUMBERED
CORPORATE RESOLUTION designating the following named city officials
as the proper persons to open accounts and withdraw City of Clermont
public funds from qualified depositories of public funds:
George D. Forbes - City Manager
Dolores W. Carroll - City Clerk
Robert E. Smythe - Public Works Director
The motion was seconded by Councilman Meginley and unanimously carried.
Councilman Byrd offered and moved the adoption of A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A
CONDITIONAL USE PERMIT TO ALLOW GRASS PARKING AND USE OF AN EXISTING
BUILDING AS A NURSERY SCHOOL to the First Baptist Church of Clermont.
The motion was seconded by Councilman Schroedel and unanimously carried.
The Resolution was read by City Clerk Carroll by title only and the
Number 335 assigned to it.
Councilman Schroedel offered and moved the adoption of A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CLERJl.10NT, LAKE COUNTY, FLORIDA, GRANTING
A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF AN ADDITION TO AN
EXISTING BUILDING FOR USE AS ADMINISTRATIVE OFFICES, LIBRARY, AND A
COVERED BREEZEWAY to the St. Matthias Episcopal Church. The motion was
seconded by Councilman Byrd and carried with Councilman Meginley
abstaining. Councilman Meginley advised his reason for abstaining
was because he did not want his vote to be mis-construed as a possible
conflict of interest in that he is employed by the St. Matthias
Episcopal Church.
FINANCE DIRECTOR COMMENDATION
Mayor Smoak announced this meeting to be a final one for Tom Sanchez in
the official capacity of Finance Director following his resignation to
become effective on September 28th, and he urged a round of applause
from all present in recognition and appreciation to Mr. Sanchez for the
tremendous improvements accomplished by him in the City's Finance
Department during his employ. The response was well afforded and
received gratefully by Mr. Sanchez.
There being no further business to be brought before the Council at this
time, the meeting was adjourned by Mayor Smoak at 9:55 P.M.
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DOLO S W. CARROL - Clty Clerk
{,E~~
CLAUDE E. SMOAK, J ., - Mayor
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COMPREHENSIVE PLAN
Mayor Smoak announced the first of two required Public Hearings to
consider the Second Part of the City's proposed Comprehensive Plan
which includes Conservation, Potable Water, Sanitary Sewer, Drainage,
Intergovernmental Coordination, and Economic Feasibility; That
favorable reviews of the proposed elements had been received back
from the various regulatory agencies required to consider them, and
inquired if anyone present desired to address the matter, and there
were none. City Manager Forbes advised that summaries of the Plan
were available for public distribution, and that the second required
public hearing on the Plan would be held on September 25th during
the next regularly scheduled City Council meeting. Mayor Smoak advised
that through the efforts of the Lake County League of Cities in
negotiating with the County Commission on dual taxation, the County
Commission agreed to furnish to the Cities most of the planning
function, and a majority of the work on the Plan had been done by
the Lake County Planning Department which saved the individual cities
a considerable outlay in cash, and felt recognition was due that the
County Commission, again,has been very responsive to working with
local municipalities in trying to solve mutual problems.
COUNCIL VACANCY APPOINTMENT
Mayor Smoak announced that Council would consider for nomination any-
one present who desired to seek appointment to the vacancy existing on
the City Council; That Council members could nominate as many as they
chose; That each Council member will have two votes on each ballot;
and That the person to obtain 5 votes or a majority, will be selected
to serve on the Council until the next Regular General Election to
be held on December 4th at which time the seat would be up for election
for a one year term. Mrs. Ruth Ray, Mrs. Lucie Styles, Mr. H. James
Meginley, and Mr. Rufus Sullivan presented themselves to Council as
interested candidates. Following request from the Chair for nominations,
Councilman Schroedel nominated the aforementioned candidates. A
secret ballot was taken by Council and the tabulations were recorded
and accounced by City Clerk Carroll as follows: Meginley 5; Ray 2;
Sullivan 1; Styles O. So Mr. Meginley was appointed, he was administered
the Oath of Office by City Clerk Carroll, and he assumed his seat on
Council.
(Above action amended at 9-25-79 Regular Meeting)
PROPOSED EMPLOYEE PAY SCALE
City Manager Forbes reported on his written Memo to Council wherein
he advised that in a meeting with some of the City's employees on
Monday, they had expressed dis-satisfaction with the proposed 7% pay
increase on October 1st, plus a proposed 1% additional increase if
merited on their respective anniversary dates due to the rise in the
cost of living at a rate higher than 8%, and their request that he
relate to Council their feeling that a 10% increase is warranted. Mayor
Smoak inquired of City Manager Forbes, that, after having researched
the anticipated budgetary increases, how the City stands with like
agencies in the area, and statewide, as compared with the results of
the Florida League of Cities annually published payroll guides. Mr.
Forbes advised that the cities in Lake County which he had contacted
were proposing increases between 7 and 10 percent, and the statewide
guide reflected that the city's wages, depending on the position, were
in line or slightly below other cities in our classification, and, that
some cities provide for longevity hikes which he would not be aware of.
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Mayor Smoak advised of a Resolution as unanimously adopted by the
City Council on April 24, 1979 in support of anti-inflation measures
as espoused by the President of the U.S., and he felt that the Council
had stated their position on the matter in their unanimous vote for
adoption. Councilman Cole expressed concern of the employees as
contacted him as to the proposed 10% increases for some employees
but not all employees. Councilman Byrd advised he felt there was
some misunderstanding by the employees as to what is provided in the
proposed budget regarding wages, such budget having been agreed to by
Council in the work sessions held to consider it, and in lieu of
changing the budget figures and beginning anew, he would be in support
of the budget as proposed. Councilman Schroedel advised he was in
agreement with the percentage increases as proposed. Councilman Cole
advised that he would be in favor of the 7% increase plus a 3% merit
increase on anniversary dates, as originally presented by the City
Manager, in order to cope with increasing inflation. It was the
opinion of Councilman Meginley, not having considered the matter pre-
viously, that the framework had been established in the budget work
session considerations, but that the proposed budget could be amended.
Motion was made by Councilman Byrd, seconded by Councilman Schroedel
and carried without a dissenting vote, that the communication conveyed
from the employees be respectfully received, and the Memo from the
City Manager outlining the proposed wage increases as considered and
provided in the proposed budget be accepted.
ORDINANCES
Councilman Schroedel offered and moved the adoption of AN ORDINANCE
PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATIONS OF THE
GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1979-80 AND
MAKING APPROPRIATIONS THEREFORE; PROVIDING A TAX LEVY ON ALL PROPERTY
IN THE CITY OF CLERMONT AT 4.50 MILLS, and the motion was seconded by
Councilman Meginley. 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: Schroedel, Byrd, Cole,
Meginley, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance
was adopted and the Number l2l-M assigned to it.
Councilman Schroedel offered and moved the adoption of AN ORDINANCE
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE SANITATION
SERVICE BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80;
AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN, and the
motion was seconded by Councilman Cole. 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:
Schroedel, Meginley, Cole, Byrd, and Smoak. Total Ayes: Five. Nayes:
None. So the Ordinance was adopted and the Number l22-M assigned to it.
Councilman Cole offered and moved the adoption of AN ORDINANCE OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE UTILITIES FUND
BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1979-80; AUTHORIZ-
ING RECEIPTS AND DISBURSEMENTS CONTAINED HEREWITH, and the motion was
seconded by Councilman Byrd. The Ordinance was read for a second and
final readinq by City Clerk Carroll, by title only, and upon roll call
vote on passaqe of the motion the result was: ~es: J~YKd1 Cole ,_ Scll,rQec1J~_L
Meqinley, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance
was adopted and the Number l23-M assigned to it.
There being no further business to be brought before the Council at this
time, the meeting was adjourned by :45 P.M.
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DOLORES W. CARROLL - Ci y Clerk