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09-25-1979 Regular Meeting 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, 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 e . . e CITY OF CLERMONT MINUTES 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 e . . e CITY OF CLERMONT MINUTES 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 " 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". e . . e CITY OF CLERMONT MINUTES 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 e . . e CITY OF CLERMONT MINUTES 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. ~~e.1/ X/?:~ufl2 / DOLO S W. CARROL - Clty Clerk {,E~~ CLAUDE E. SMOAK, J ., - Mayor e . . e CITY OF CLERMONT MINUTES 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. e . . e CITY OF CLERMONT MINUTES 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. LQ~-'M) 'h tz4 DOLORES W. CARROLL - Ci y Clerk