05-22-1979 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, May 22, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E.
Smoak, Jr., with the following members present: Councilmen Byrd, Honey, and Cole. Other
officials present were: City Manager Forbes, City Attorney Baird, City Clerk Carroll, Finance
Director Sanchez, and Chief of Police Tyndal. Others present were: Mrs. Sarah Corbett, Mr.
and Mrs. Dan Judy, and the Messrs. Czech, Sargent, Smith, McKeen, and McMahon.
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 May 8, 1979 were approved as written.
PUBLIC HEARING
Council, sitting as a Board of Adjustment, considered a request by Dan H. Judy for a
Variance to Section 26-26 (E)(3)(M1 LIGHT INDUSTRIAL DISTRICT - REAR YARD SETBACKS) of
the Zoning Ordinance in order to construct an equipment shed on his property described
as Lots 1, 3, 5, and 7, in Block 112 of Sunset Park Subdivision that would penetrate
11'4" into the required rear yard setback. Mr. Judy appeared before Council in support
of his request, and advised he was making such request in order to salvage a large row
of trees that exist along the back line of his property and serve as a buffer between
his industrial zoned property and the abutting residential area. Inasmuch as the
proposed construction would not be totally enclosed, and the immediate abutting property
to the East is zoned residential, City Manager Forbes advised of a required buffer strip
that would be necessary should the request be granted. He further suggested that such
buffer strip could easily be accomplished in that location with the placing of privacy
slats in the already existing chain link fence along 10th Street. Inquiry was made from
the Chair as to anyone present who desired to address the matter, and objections were
made by Mrs. Sarah Corbett and Mr. Harry McKeen who expressed concern that such proposed
construction might be utilized for auto and equipment repair work such as already exists
in the area and which is obnoxious to abutting residents due to loud noises extending
to late hours at night. Mr. Judy advised the building would be used for shelter of
his plumbing equipment. Mayor Smoak advised that the utilization of Mr. Judy's property
was in conformance with its M-1 Light Industrial Zoning Classification, but inasmuch as
it abuts residential areas, he suggested that Mr. Judy investigate the complaints as
reported to be emanating from his rental mini-warehouse. There being no further comments
on the matter, motion was made by Councilman Honey, seconded by Councilman Byrd and
unanimously carried that the request be granted.
USE OF HIGHLANDER HUT FOR CHURCH SERVICES
Pastor Vernon L. Smith appeared before Council to request the use of the Highlander Hut
for regular church services on every Sunday from 9:00 a.m. to 12:00 noon and 6:30 p.m.
to 8:30 p.m. for up to one year. There was no objection by Council to the proposed
use of the building, but inasmuch as the building had been donated to the City primarily
for recreational and civic organizational purposes, they did not feel it would be in
the best interest to tacitly lease the building for long term religious purposes, but
were agreeable to such use as the existing scheduling procedure provides.
Inasmuch as the existing rules for use of the building for formal religious services
requires advance approval of City Council, motion was made by Councilman Byrd, seconded
by Councilman Cole and unanimously carried that City Manager Forbes be authorized to
allow use of the building for formal religious services under the existing rules and
regulations as pertains to scheduling use of the building.
WASTEWATER PLANT
City Manager Forbes reported on his and Councilman Byrd's appearance before the Lake
County Pollution Control Board to request approval of the City's Compliance Schedule
and another zero discharge variance; That the Board had agreed to grant the City a 6-
month variance; and, That in a recent contact with Mr. William Bostwick of the Department
of Environmental Regulation Water Engineering Section, he had been advised they would be
recommending approval of a one-year temporary operating permit for the wastewater treat-
ment plant.
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CITY OF CLERMONT
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LAKEVIEW HILLS SUBDIVISION
City Manager Forbes reported that considerable damage had been done to the uncompleted
construction work in the Lakeview Hills Subdivision as a result of the recent heavy
rains, and following an inspection of the property by himself and Mr. Sampson of
Springstead and Associates, Inc., in conjunction with the project contractors, they had
requested that all new construction work on the project be halted subject to rehabilitation
of damage done to existing work.
CHAMBER OF COMMERCE
City Manager Forbes advised of a request from the Chamber of Commerce for the City's
support in their request to the County Commission for paving portions of Mohawk Road
east of the Citrus Tower to assist in attracting industry to the Clermont/Minneola area.
There was no action taken on the request following report of Mayor Smoak that the entire
area in question is zoned for Agriculture excepting the small parcel where Mobilplacer
is located, and, there is disputed land ownership along the existing clay road west
from Mobilplacer to Grand Highway, which would prevent the County from paving that portion
until such time as the right-of-way dispute is resolved. It was the suggestion of Mayor
Smoak to Chamber President Sargent, that a proposal be drawn and studied for use of that
area as an indistrual base prior to approaching the County Commission regarding paving,
and to encourage cooperation of the Town of Minneola who has adjacent city limit boundaries
to the area as well as the City of Clermont.
JACKSON vs CITY OF CLERMONT
Mayor Smoak inquired of City Attorney Baird as to the status of the suit filed against
the City following an accident at West Beach. Mr. Baird advised the last pleadings which
were filed with the court were interrogatories and motions to produce, which have been
filed, but that the plaintiff had not pursued the matter for the past 2 1/2 months.
LAKE SHORE DRIVE RIGHT-OF-WAY STATUS
Mayor Smoak inquired of City Attorney Baird as to the status of the Lake Shore Drive
right-of-way, and he advised of a delay due to the way the road had been constructed
requiring a wider right-of-way on some lots. He further advised that he would meet with
Utilities Director Davis within the next few days to determine the extra footage needed,
and submit a proposal for Council's consideration at the next meeting.
SURPLUS PROPERTY
Finance Director Sanchez advised that the City's surplus equipment had sold for $3275 at
the combined Clermont/Leesburg/Lake County auction held in Leesburg on May 19th, which
he felt was considerably more than if offered at sealed bid.
MARSHLAND STUDY
Mayor Smoak reported that the preliminary report on the marshland study is expected to
be ready by June 15th at which time a meeting will be called to review the report with
the researchers.
GREEN SWAMP
Mayor Smoak advised of a second inter-agency meeting of the various regulatory agencies
concerning Green Swamp water quality, quantity, and direction of flow to be held in the
Council Chambers on Thursday, May 24th at 1:00 P.M., and he urged that Council members
attend if possible.
RUBBISH COMPLAINTS
Councilman Cole advised of complaints received regarding an excessive amount of trash
and rubbish concentrated in the area of 540 East Minneola Avenue where the house recently
burned and is being torn down, and, in the vicinity of the Roane Apartments on East
DeSoto Street. The matter was referred to City Manager Forbes.
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CITY OF CLERMONT
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LAKE CORRECTIONAL INSTITUTION
City Manager Forbes advised of an inquiry from officials of LCI regarding the possibility
of the City treating and disposing of the institution's sewage due to their existing
disposal point having been declared non-acceptable by the regulatory agencies, and he had
informed them that this would be impossible at the present time due to existing problems
with the City's effluent disposal. City Manager Forbes inquired of Council's desire to
have the City Engineer meet with LCI's engineers to discuss the possibility of such a
proposal in the future, and it was their determination that it would not be feasible
due to the distance involved, and the probable need for expansion of the plant in the
not too distant future to satisfactorily serve City users.
STATE ROAD 50 TRUCK TRAFFIC
Councilman Honey reported on concern expressed by several citizens regarding speeding
trucks on State Road 50 and their dis-obeyance of the traffic signals, and that he had
personally observed such action several times in the past few days. Mayor Smoak advised
of his observation also, and thereupon moved that City Manager Forbes be requested to
communicate with all the known trucking companies that regularly utilize SR50 through
the City, stating to them the problems as have been observed in the City and notifying
them that all speed limits and laws within the City will be strictly enforced, and
repectfully request a written response. The motion was seconded by Councilman Honey
and unanimously carried. It was the further suggestion of Mayor Smoak that a Police
Officer be present at the East Avenue/State Road 50 intersection during the hours it is
used by children going to and from the schools. The matter was referred to City Manager
Forbes in conjunction with Chief Tyndal.
REQUEST FOR QUIET ZONE
City Manager Forbes advised of a request by the South Lake Hospital Administrator for a
quiet zone to be placed a block from the hospital in all directions with appropriate
signs, and it had been the unanimous recommendation of the Planning and Zoning Commission
at their meeting held on May 1st that the request be granted. Motion was made by Mayor
Smoak, seconded by Councilman Honey and unanimously carried that the P&Z Commission's
recommendation be accepted, and City Manager Forbes be authorized to obtain and place
the appropriate signs.
BID AWARD
City Manager Forbes advised of the following sealed bids received for drapery and carpet
a t City Hall:
DRAPERY:
Decorating Den
Leesburg, Florida
$ 4025.00
Jane's Interiors
Clermont, Florida
$ 3031. 30
CARPET:
Decorating Den (Specified) $ 1935.00
(Alternate) $ 2070.00
Best Flooring
Clermont, Florida
$ 1462.65
Bishop and Black
Clermont, Florida
$ 1284.00
and he recommended that the low bid on drapery from Jane's Interiors, and the low bid on
carpet from Bishop and Black be accepted with the notice of award to stipulate that all
work is to be completed within 90 days after award. Motion was made by Mayor Smoak,
seconded by Councilman Byrd and unanimously carried that the City Manager's recommendation
be accepted and the necessary purchase orders be authorized.
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CITY OF CLERMONT
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COMPREHENSIVE PLAN
City Manager Forbes advised of State Law requlrlng adoption of a Comprehensive Plan by
July 1, 1979; That the first four elements of the City's plan has been adopted by Council,
but the last four on Conservation, Electric Utilities, Intergovernmental Coordination,
and Economic Feasibility had been completed by the Comprehensive Planning Committee, but
had not been adopted by Council inasmuch as a revision to make the Plan more concise
was desired; That he will make the necessary revisions for Council consideration at the
meeting to be held on June 12th, but due to the minimum review period of 120 days as
required by the State prior to official adoption, it would be necessary to request an
extension. It was the suggestion of Mayor Smoak, and Council was in agreement, that
City Manager Forbes be authorized to communicate with the proper State agency, formally
requesting an extension and stating the City's formal plan will be submitted prior to
the July 1 deadline, and the reason for the request being that the City will not have
received back the State comments by that time.
FISCAL YEAR 79-80 BUDGET PRIORITIES
Mayor Smoak advised of the following projects that have been discussed previously for
consideration in the 79-80 budget:
1. Tennis Court renovation
2. Replace sidewalks on the south side of the Elementary School
3. Landscape Plan
4. A fence between the basketball court and school building
at the Elementary School
5. Combination tennis/basketball court for the Lincoln Park
area to be located at the Middle School
and he urged that Council communicate any other projects they desire to be considered
to the City Manager prior to the initial budget workshop meeting.
CLERMONT/GROVELAND AIRPORT
City Manager Forbes advised of a communication from Engineer M. J. Martin of the Florida
DOT wherein he advised of their attempt to update the Florida Avaition System Plan, and
requested a response from Council as to their desire for retention or deletion of the
new planned Clermont/Groveland area airport in the FASP. Motion was made by Councilman
Byrd, seconded by Councilman Honey and unanimously carried that City Manager Forbes be
authorized to communicate with DOT indicating the City's desire for retention of the
planned airport in the Florida Avaition System Plan for the Clermont/Groveland area.
CITY ENGINEER FEES
City Manager Forbes advised of a request by Springstead & Associates, Inc., the City's
consulting engineers, for a revision to their existing contract of February 28, 1977 to
provide for the addition of two classifications between Professional Engineer and
Design Draftsman as follows:
1. Engineer at $25.00 per hour
2. Engineering Technician at $22.50 per hour
in order to delegate responsibilities to them for a greater efficiency in serving the
City, that were previously required by the Professional Engineer; and, That he recommended
approval of such revision. Motion was made by Councilman Byrd, seconded by Councilman
Cole and unanimously carried that the City Manager's recommendation be accepted.
CIVIL DEFENSE DIRECTOR
Mayor Smoak advised of a request from the Lake County Emergency Services Department for
the appointment of a Civil Defense Director to fill the vacancy created following the
resignation of Gordon Tiffany, former City Manager. It was the suggestion of Mayor
Smoak, and Council was in agreement that due to the continuing heavy work load in the
office of the City Manager, and the desire for a fullyactiviated civil defense plan,
that City Manager Forbes be appointed to serve as Interim Director, and a concentrated
effort be made to find a volunteer willing to accept the appointment that could devote
the necessary time to fully activate a plan.
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CITY OF CLERMONT
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MAX JUDY LANDSCAPE PLAN
City Manager Forbes advised of a request by Mr. Max Judy for acceptance of a deviation
to the Site Plan as filed for his property at 300 East Highway 50 in order that a
Certificate of Occupancy might be issued; That in lieu of a required 2' minimum landscape
barrier to be provided on the south side of his parking lot, and which was indicated on
his site plan as foled, he had landscaped the entire slope with plantings, such slope
covering an elevation differential of a minimum of 6' from the sidewalk area to the
parking area. Motion was made by Councilman Byrd, seconded by Councilman Cole and
unanimously carried that Mr. Judy's landscaping meets the intent of the Landscape Plan
Ordinance, is acceptable to Council, and the deviation to the site plan as requested
is authorized.
RESOLUTIONS/ORDINANCES
Councilman Byrd offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION
OF A CHURCH AND ADDITIONAL FACILITIES, and the motion was seconded by Councilman Honey
and unanimously carried. The Resolution was then read by City Clerk Carroll by title
only, and the Number 329 assigned to it.
Councilman Honey offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT,
FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF
A MINI-WAREHOUSE STORAGE FACILITY, and the motion was seconded by Councilman Cole and
unanimously carried. The Resolution was then read by City Clerk Carroll by title only,
and the Number 330 assigned to it.
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, FLORIDA, AMENDING THE OFFICIAL ZONING MAP; REZONING THE REAL PROPERTY
DESCRIBED AS LOTS 4, 5, and 6 IN HIGHLAND TERRACE SUBDIVISION FROM ITS EXISTING R-1
ZONING CLASSIFICATION TO R-2 ZONING CLASSIFICATION, and the Ordinance was read for a
first reading by City Clerk Carroll by title only.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 8:50 P.M.
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CLAUDE E./SMOAK, JR., - Mayor
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DOLORES W. CARROLL - City Clerk