10-26-1976 Regular Meeting
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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
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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,
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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 .
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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