Loading...
10-26-1976 Regular Meeting . e e . MINUTES NQ1342 REGULAR MEETI NG A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 26, 1976. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Blackburn, Byrd, Schroedel, and Beals. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: The Messrs. Czech, Sargentand-::Searles. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Meeting held October 19, 1976 were approved as written. CITY MANAGER'S REPORT City Manager Tiffany advised that inasmuch as the Seminole Well samples continued to be unacceptable after repeated chlorination, the matter had been referred to the Engineers, and it was expected that representatives of Locke Well & Pump Co., the well contrac- tors, would attempt to analyze the problem next week. Mr. Tiffany advised that he had authorized the receiver of the old bank building to have City Hall appraised, and the appraiser had examined the building on Friday. FLORIDA LEAGUE OF CITIES CONVENTION Mayor Smoak reported that he, Councilman Beals, Finance Director Sanchez, and City Attorney Baird had attended the 50th annual L of C convention in Miami on October 21st thru 23rd, and from the various forums and work sessions offered in addition to the general business, he felt it had been a very productive meeting; That the city's Resolution regarding restoration of sovereign immunity to municip1aities had not been presented, but that one of three other similar resolutions presented had been amended and adopted by the League; and, That one of the most important sessions which he had attended, and which he felt everyone should be made aware of, was the discussion of the Financial Disclosure provisions of the Constitutional Amendment that will be on the November 2nd Election Ballot; That the amendment provides authority to the State Legislature to include or not include appointed and elected city officials, and although they are not presently included, it was the general consensus that this would be mandated by the legislature in the future which would require a very sweeping, full disclosure by city officials as now required of state and constitutional officials, and would certainly create problems in filling appointive and elective city positions as persons working on a local community standpoint basis would not be willing to subject themselves to that close scrutiny of their personal financial situation, and he would therefore sincerely urge all to vote against the amendment. Councilman Beals reported he felt the meeting had been of the more informative ones that he had attended in the past; That he had attended a session at which Supreme Court Justice Atkins had spoken on Article V regarding the abolishment of municipal courts, which is still of great concern to municipalities, and did not feel that numerous questions regarding the matter as posed to Justice Atkins . e e . MINUTES NQ1343 by attending city officials had been answered; That in a session at which Senator Dunn had spoken regarding the existing Sunshine Law, they had been advised that an average of 300 complaints of violations to the Sunshine Law is received each year, with charges only brought on 17% of that figure, and convictions only realized on three tenths of 1% of that figure, so it could only be concluded that the existing law be so ambiguous that it cannot be enforced; and, That although the city is not presently involved in Labor Relations and Collective Bargaining, he had attended a seminar regarding these matters at which they were advised of one city that handles an impasse between their governing body and employees by placing the matter before the people on the very next election ballot with three options: Management's best offer, The least thing that labor is demanding, and, The opinion as offered by an arbitrator. City Attorney Baird reported he felt the meeting had been very helpful, especially in the forums he attended regarding local government law sections primarily for city attorneys wherein a myriad of problems facing municipalities were discussed; The Consultants Competitive Negotiation Act; and, Problems in downtown areas of municipalities. Finance Director Sanchez reported that inasmuch as insurance costs to municipalities continues to increase and it is becoming increasingly more difficult to interest carriers in covering municipalities, he was very much interested in one of the forums he attended regarding self-insurance at which he was apprised of several existing small municipalities such as Clermont already exercising such a program, and he felt it would be something that Council would want to investigate in the near future due to a reported cost saving of as much as 20% or 30%. COOPER MEMORIAL LIBRARY Council Beals advised that information furnished him regarding a financi~lfl contribution from the Library to the Jr. High Band had been in error due to a misunderstanding by the recipient inasmuch as it had been a personal donation from Mrs. Alice Tilden, President of the Library Board itself, and he therefore wanted to report there was no impropriety as he had queried at the last meeting. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Beals and carried that the bills be paid. A copy is attached hereto. CENTRAL BUSINESS DISTRICT ZONING It was the recommendation of City Manager Tiffany that inasmuch as preparations of the Comprehensive Plan were underway, and there still remainded several unresolved questions with regards establishing a proper central business district zoning after much thought and study already, that the matter be tabled and the Comprehensive Planning Committee be directed to consider the central area for special study and recommendation. Motion was made by Councilman Beals, seconded by Councilman Byrd and carrled that thlS recommendation be accepted. It was the opinion of Councilman Blackburn that the initial problem of homebuilders prevented from rebuilding after catastrophy as now exists in the area should be resolved now and not postponed for the indefinite time it would require if considered by the Comprehensive Planning Committee. He further opined of an immediate need for a revision of the Subdivision Ordinance after a thorough study of it, . e e . MINUTES NQ 1344 as well as many areas of the Zoning Ordinance. Council was in agreement of the need of revision of~ of the existing city ordinances which would require an item by item review~ Motion was made by Councilman Blackburn, seconded by Mayor Smoak and carried that City Manager Tiffany, in conjunction with City Attorne Baird, inrnediatel . roceed with investi atin existin city ordinances for possb e revisions, and inasmuch as such project would require dutiesof.the City Attorney above and beyond his agreement with the city, that he be compensated for such work at an hourly rate about and beyond the retaining fee paid him. SWIMMING POOL REGULATIONS City Manager Tiffany advised there were problems existing in enforcing the Swimming Pool Regulation section of the Zoning Ordinance as it is now written and submitted provisions for such matter as required in the Lake County Zoning Code fc6r Council's consideration. The existing city ordinance required a wall or fence of 41 in height enclosing residential pools, but does not provide for a self- closing and self-latching device on pool fence gates. The existing city ordinance provides no such requirement at all for motel or "1 apartment-complex pools. The County Ordinance requires that "All swimming pools shall be completely enclosed and so constructed as to note be readily climable by small children, and all gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device". Mayor Smaok inquired of City Attorney Baird if, from a legal standpoint, the county ordinance provisions if adopted by the city, would provide the protective cover that it is intendent to do. City Attorney Baird opined that such a matter was not a legal obligation of the city, but rather a philosophical question:; if the city should become involved in that section of the welfare of the community. Motion was made by Councilman Blackburn and seconded by Councilman Schroedel that the existing regulation be left as exists. Councilmen Beals, Byrd, and Mayor Smoak voted in the negative, and the motion failed to carry. Mayor Smoak questioned the city addressing itself to such an area at all as he felt that to do so would mean that it would be another area that government is getting involved in peoples private lives that the intended advantage is not really great, and still further he could not agree that mandates should be issued preventing property owners from utilizing their property, in their definition, of its highest and best use. Mayor Smoak therefore moved that the existing Section 26-66 of the Zoning Code requiring that "Residential Swimming Pools shall be enclosed by a fence or all at -least four feet in height" be deleted. The motion was seconded by Councilman Beals, but failed to carry with Councilman Blackburn, Schroedel and Byrd voting in the negative. TEMPORARY TRAILER PARKING City Manager Tiffany advised that Section 24-2.1 of the Code of Ordinances provides for temporary parking of trailers in commercial or industrial zones when used as office space or for storage for a 30 day period, and inasnuch as they are frequently used as construction offices for periods exceeding 30 days, he recommended they be allowed to remain for the duration of active construction or building permit, whichever is shorter. Motion was made by Councilman Schroedel, seconded by Councilman Blackburn and carried that the Ordinance be amended to include the City Manager's recommenda- in all zones . . e e . MINUTES NQ 1345 PORTABLE SIGNS City Manager Tiffany advised of a problem in policing the 30-day time limit allowed for vehicle/portable signs. It was consensus of Council that a deposit be required, the amount to be determined by the City Manager, prior to issuance of the sign permit. HOME OCCUPATIONS Following considerable research and review of how many cities provide for Home Occupations, by City Manager Tiffany and City Attorney Baird, Mr. Tiffany submitted an example ordinance for Council IS consideration, which he felt would work in Clermont with some modifications. During discussion on the matter, it was the opinion of Councilman Byrd that example home occupations such as music lessons and traveling salesmen who use their home as an office, though technical~businesses, should be allowed in any zone. It was the opinion of Mayor Smoak that home occupations should be allowed in any zone so long as they still maintained the integrity of that particular zoning district. It was the opinion of Councilman Beals that as long as the home occupation was not obnoxious to the neighbors, not a lot of heavy traffic in the yard, etc. they should be allowed in all zones. It was the opinion of Councilman Schroedel that many home occupations contributed greatly to the community in both services and economics. It was the opinion of Councilman Blackburn that home occupations were a detriment to the business community as they were competing unfairly with the businesses who pay business taxes, pay overhead expenses, etc., and that they should not be allowed. It was consensus of Council that the matter be referred further to Mr. Tiffany, in consultation with the Planning & Zoning Commission. CITY PROPERTY OFFERED FOR SALE It was the suggestion of Mayor Smoak that Councilman Beals investi- gate the property abutting West Lake that is to be offered for sale as to its total ~ea and current value in order that Council might set a minimum price. Council was in agreement, and Councilman Beals agreed to take care of the matter. RESOLUTION Mayor Smoak advised that County Commissioner J. M. Hoskinson of this district had just recently been elected President of the Florida State Association of County Commissioners, and in honor of this he offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HONORING AND EXPRESSING APPRECIATION TO J. M. (JIM) HOSKINSON FOR OUTSTANDING SERVICE TO THE CITIZENS OF THE CITY OF CLERMONT AND LAKE COUNTY and the motion was seconded by Councilman Blackburn and unanimously carried. The RESOLUTION was read in full by Mayor Smoak, and the Number 286 assigned to it. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 8:56 P. M. ~ ~~ ~s'i{i~erk Claude E. 'Smoak, Jr., ayor