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03-13-1979 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, March 13, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Cole. Honey, Byrd, and Schroedel. Other officials present were: Acting City Manager Sanchez, City Attorney Baird, City Clerk Carroll, and Chief of Police Tyndal. Others present were: Mesdames Sheldon and Oswalt; Mr. and Mrs. W. B. Perry; and Messrs. Czech, McMain, Narehood, Washuta, Jones, and Sargent. 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 February 27, 1979 were approved as written. CONDITIONAL USE PERMIT - ARTHUR S. EKIERT Acting City Manager Sanchez advised of a request by Arthur S. Ekiert, dba Ekiert Tire Center, Inc., for a Conditional Use Permit to utilize the property described as Lots 1 and 2, Fairview Place; Lot 132 in Clermont Heights (591 East Highway 50) for whole- saling in conjunction with reta~l sales and auto repairs in a C-2 Zoning District; That following consideration of this request by the P&Z Commission on March 6th, it was their recommendation that the request be granted; and, That City Attorney Baird was presently preparing a new Ordinance which would allow this type of activity to operate with- out a CUP in the future. Inquiry was made from the Chair as to anyone present who desired to address the matter, and there being none, motion was thereupon made by Councilman Honey, seconded by Mayor Smoak and unanimously carried that the request be granted and that A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW WHOLESALING IN CONJUNCTION WITH RETAIL SALES AND REPAIRS, be adopted. The Resolution was read by City Clerk Carroll and the Number 326 assigned to it. STREET CLOSING Acting City Manager Sanchez advised of a petition from Mr. Sherrill B. Turner requesting the closing and permanently abandoning of a portion of Lake Avenue between Osceola Street and the ACL Railroad right-of-way. Inasmuch as Mr. Turner was not present to provid~ necessary information in support of his request. motion was made by Mayor Smoak, seconded by Councilman Honey and unanimously carried that the matter be tabled until such time as he can appear. KEHLOR PARK COMMUNITY BUILDING Acting City Manager Sanchez and Councilman Schroedel advised of requests received from members of the Clermont Recreation Club as to the possibility of having the Community Building carpeted. Mr. Sanchez advised that the existing pine floor in the building is structurally sound, and inasmuch as other city owned buildings,excepting City Hall and Police Department offices, are not carpeted, he would not recommend approval for this building which is primarily utilized by the Recreation Club. Mayor Smoak opined that with the sizable and active membership utilizing the facility, it was commensurate upon them to take the initiative and action to improve the facility for their benefit, and he would thereby move that the request be denied. The motion was seconded by Councilman Honey and unanimously carried. TRAILWAYS BUS SERVICE Acting City Manager Sanchez reported on being contacted by a representative of the Trail- ways Bus Lines who advised they were petitioning the Florida Public Service Commission and the Interstate Commerce Commission for authorization to establish new routing which would include four routes per day in each direction through Clermont, and inquired of Council's support by resolution to their request. Motion was made by Mayor Smoak, seconded by Councilman Byrd and unanimously carried that City Attorney Baird be requested to prepare the necessary supporting resolution for presentation at the next regular meeting. e . . e CITY OF CLERMONT MINUTES REGULAR MEETING HEALTH INSURANCE Acting City Manager Sanchez reported on contact this date from the City's health insurance carrier, advising of federal mandate effective April 29th whereby maternity benefits for employees and employee dependents shall be provided on the same benefit level as other medical benefits. Mr. Sanchez further advised that such mandated coverage will affect the existing premium rate as paid by the City, and that he would keep Council apprised of the matter when further information is obtained. GREEN SWAMP BOUNDARIES Mayor Smoak reported that the legislative committee which met in Lakeland recently to consider the restrictive designation on an area of critical state concern on the Green Swamp has recommended to the full legislature that the restrictions to the area be re- instated; That to have the entire area restricted as is proposed, the City would be severely handicapped to a normal growth pattern inasmuch as the logical growth direction of the City is to the south and east, and was so designated in the State Comprehensive Plan; That in conjunction with City Attorney Baird, a map and accompanying legal description for amending the current northwest boundaries of the Green Swamp area of critical state concern has been prepared, and he inquired of Council's authorization to forward these to the legislative committee members requesting that they recommend to the legislature to amend the existing Green Swamp boundaries as proposed on the map. Motion was made by Councilman Schroedel, seconded by Councilman Cole and carried that the request as outlined by Mayor Smoak be accepted and he be authorized to pro- ceed with forwarding to the proper persons. CLERMONT-MINNEOLA AD HOC COMMITTEE Mayor Smoak reported on a recent meeting of the Clermont-Minneola Ad Hoc Committee to study the feasibility of a merger of municipal facilities between Clermont and Minneola, at which time City Manager Waters of Minneola presented facts and figures concerning garbage collection, stating amounts that private contractors had quoted to perform the service, and a figure that Minneola would accept for Clermont to perform the service. Mayor Smoak opined that the City's interest was in trying to develop a mutual exchange between the two communities that would be beneficial to both com- munities and not in seeking additional garbage collection business, and he thereupon moved that the City's participation on the Committee be dissolved. The motion was seconded by Councilman Honey and unanimously carried. Opining that accomplishment of a tangible and productive effort to bind the two com- munities in a formal manner would have to come from without elected officials, it was the suggestion of Mayor Smoak to Chamber of Commerce President, John Sargent, that the Chamber pursue the matter by investigating the budgets of the two communities, the services as provided, the ad valorem tax rates, the utility taxes, the franchise fees, etc., and compile the information for comparison purposes by interested citizens in both communities. COOPER MEMORIAL LIBRARY Councilman Schroedel, a liaison representative to the Library Board, reported on his recent attendance at their regular meeting at which time action was taken to change the regular meeting day to the second Thursday of each month; That plans are being developed by members of the Garden Club for landscaping at the Library; That Mr. Tom Dougherty had been appointed to membership on the Board to replace Mrs. Welborn Daniel who was moving from the City; That the Library had been the recent recipient of a Sweets Index File pertaining to all facets of the building trade; That the wood chips distributed by city crews on the parking area had vastly improved library traffic ingress and egress; and, That the Board had made inquiry as to possible con- struction of a walkway from the parking area to the building. Acting City Manager Sanchez advised of plans under consideration at the present time to provide for some type of walkway. e . . e CITY OF CLERMONT MINUTES REGULAR MEETING JAYCEE BEACH FACILITIES Mayor Smoak advised that due to the ever increasing use of the Jaycee Beach facilities and the subsequent overcrowding conditions, City Attorney Baird had been requested to investigate a legal methodology for restriction of the beach use to Clermont residents on a no-fee basis, and on a fee basis to all other users of the facilities. LAKE COUNTY POLLUTION CONTROL BOARD Councilman Byrd reported on a recent meeting of the Lake County Pollution Control Board to which he, Mayor Smoak, and City Engineer Springstead had attended with regards seeking a renewal of the variance for the sanitary sewage treatment plant operation; That Mayor Smoak had addressed the Board on behalf of the City, and an extension of 60 days had been granted, but that a strong assurance had been indicated that a meeting with officials of the Department of Environmental Regulation should be sought by the City as soon as possible in an attempt to obtain a temporary operating permit. Councilman Byrd further reported that Mayor Smoak had appeared before the Board regarding a meeting of the various agencies concerned with the water in Green Swamp and the South Lake area, particularly the Oklawaha Chain, and they had agreed to participate in a fact-finding meeting to determine the quantity of water, the direction it is going, whether or not something has happened in recent years to alter the water flow, and in general, to coordinate all the activities and actions of the various agencies that are concerned with the matter. PARTTIME CLOSING OF CARROLL STREET Councilman Honey advised of an inquiry received as to the possibility of blocking off Carroll Street, between Second Street and East Avenue, to thru traffic during the hours of organized softball play at the Elementary School Softball field to the large number of small children that have been observed running and playing in the street in that area during game hours. Council was in agreement that this be done, and the matter was referred to Acting City Manager Sanchez, in conjunction with Police Chief Tyndal, to arrange a meeting with the League Officials and Coaches to apprise them of the situation and solicit their cooperation in placing and removing of the signs at the appropriate time. Mr. Sanchez was asked to report the results of the meeting back to Council. ADDITIONAL RECREATIONAL FACILITIES Councilman Cole advised of requests for additional recreational facilities in the Lincoln Park area such as an additional basketball court and softball field; That he had observed as many as 70 to 80 boys utilizing the single existing basketball court and makeshift facilities in the abandoned football field for softball in the after school hours, with the number appearing to increase daily; and, That he queried of the possibility of gaining permission from the Lake County School Board to construct a regulation softball diamond on the abandoned football field site. It was the suggestion of Mayor Smoak, and Council was in agreement, that he and Councilman Cole meet with Principal Cockcroft of the Junior High School to discuss the matter before taking any other action. CONDEMNED PROPERTIES Councilman Cole expressed concern for the safety of small children which he had observed playing near the premises of a burned out residence on East DeSoto Street, and around a burned out camper truck in the same vicinity recently, and inquired of a time limit for removal of such buildings and/or vehicles to eliminate their hazardous conditions. The matter was referred to the Acting City Manager for investigation and report back to Council. e . . e CITY OF CLERMONT MINUTES REGULAR MEETING ODOPHOS-PHOSPHORUS REMOVAL To further support the City's attempt to obtain a temporary operating permit for the sanitary sewage treatment plant from the DER, it was the suggestion of Mayor Smoak that the required Compliance Schedule be amended to include "Odophos-Phosphorus Removal equipment to be installed no later than 7-31-79"; That official Council action had taken several months previous for the installation of such facilities, but that it had been postponed until conclusion of the Marshland Study which is scheduled for conclusion in May; and, That in order to present such an amended schedule with a time limit set for installation when meeting with officials of DER, that Acting City Manager Sanchez be requested to investigate the availability of equipment and all pertinent data necessary in order to meet such a deadline for report back to Council within the next four weeks. Motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the Compliance Schedule be amended as outlined by Mayor Smoak, and the Acting City Manager be requested to proceed as also outlined by the Mayor. BROOME STREET CONSTRUCTION Acting City Manager Sanchez inquired of Council's desire to construct that portion of Broome Street between Fourth and Fifth Streets, and, if so, the desired method of funding for such construction which has been roughly estimated at $20,000. Motion was made by Councilman Byrd that the City Engineer be requested to complete plans for constructing the street and present cost estimates for such construction to the Council; and, That the funding formula be based on 1/3 cost by the City and 1/3 cost by each of the abutting property owners on each side of the street. The motion was seconded by Councilman Cole and unanimously carried. City Attorney Baird was requested to prepare the necessary assessment Ordinance. RULES GOVERNING JENKINS AUDITORIUM Acting City Manager Sanchez submitted a revised set of rules governing the Jenkins Auditorium for Council's consideration which essentially reclaimed booking of the building back to the City following the relocation of the Chamber office, and including a new fee schedule for out-of-city users and profit making groups. Motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the revisions be accepted as submitted. BLOXAM AVENUE WELL SITE Acting City Manager Sanchez advised of an appraisal obtained on the city owned property located on the southwest corner of Bloxam and Highland Avenues at approximately $15,000, and opined that inasmuch as some interest had been expressed as to use of this property by the City at some future date, possible for a fire station, he did not recommend that the property be sold unless a minimum bid considerably higher than the appraisal is established. It was the consensus of Council that no further action regarding the property be taken at this time, and motion was thereupon made by Councilman Cole, seconded by Councilman Honey and unanimously carried that the recent purchase offer by K-Mart be declined. BIKE-A-THON Acting City Manager Sanchez advised of a request by Mrs. Jo Cunningham, local chairman of the Cystic Fibrosis Foundation, for permission to block off Sunnyside Drive and a part of Laurel Street for several hours on Sunday, March 25th in order to hold their annual Bike-A-Thon, and he recommended that the request be granted. Motion was made by Mayor Smoak, seconded by Councilman Byrd, and unanimously carried that the request be granted. e . . e CITY OF CLERMONT MINUTES REGULAR MEETING CITY MANAGER APPOINTMENT Mayor Smoak advised of the unanimous ballot of City Council on Saturday, March 10th to appoint Mr. George D. Forbes of Yankton, South Dakota to serve as City Manager of the City of Clermont, and entertained a motion for formal action of his employment by the City. Motion was made by Councilman Honey, seconded by Councilman Cole and unanimously carried that Mr. George D. Forbes be appointed as City Manager effective April 2, 1979; That his beginning salary be set at $18,500 annually with further review at next budget hearing; and, That his retirement benefits be paid directly by the City to the International City Managers Association-Retirement Corporation. TOWN HALL MEETING Mayor Smoak announced that the annual Town Hall Meeting would be held in Jenkins Auditorium on Tuesday, April 24th at which time Mr. Forbes will be formally introduced to the citizenry as City Manager, and the regular meeting agenda would be of minimal length with brief reports on the City's position regarding pollution control, finances, recreation, landscaping, etc. Mayor Smoak further advised that he would be appointing a Recreation Committee and a Parks & Landscaping Committee at this meeting, and he urged that any interested person who would desire to serve on either of these, to please contact him. ORDINANCES Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, PROVIDING FOR THE ADOPTION BY REFERENCE OF CERTAIN STANDARD CODES RELATING TO BUILDING CONSTRUCTION, 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: Honey, Byrd, Schroedel, Cole, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the number 192-C assigned to it. HIGHLANDER HUT Inasmuch as the rules pertaining to the Jenkins Auditorium were revised, it was the suggestion of Mayor Smoak that Acting City Manager Sanchez compare these with the rules governing the Highlander Hut, and submit any recommendation he might have for better uniformity of the two. The meeting was adjourned by Mayor Smoak at 9:05 P.M. CIAUD(X~ Q~A~4) h- ~~J~ DOLORES W. CARROLL - City Clerk