12-14-1976 Regular Meeting
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REGULAR MEETING
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A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, December 14, 1976. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Byrd, Schroedel, Blackburn, and Honey. 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. Fleming,
Czech, Searles, Lester, Sargent, and Megin1ey. Mr. Joe Sanchez, Sentinel/Star
reporesentative was also present.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Special Meeting held November 22, 1976, and of the Regular
Meeting held November 23, 1976, were approved as written.
VARIANCE REQUEST: SUN FIRST NATIONAL BANK
Sitting as a Board of Adjustment, Council considered a
request by the Sun First National Bank of Leesburg for a
Variance to Section 26-24-D (2) (d) of the Zoning Ordinance
in order to construct a ground sign on property leased by
them and described as Lots 259 thru 305 in Clermont Heights
Subdivision. The request was based on the contention that
without exposure of the bank logo on a ground sign as
proposed, the bank location could not be properly identified
due to its location in a shopping center which is not
ordinarily indicative of a bank location. Mr. Jim Lester,
representative of the bank, advised that this location had
been acquired under a short term lease, with plans to relocate
to a more permanent location in the future. Motion was made
by Councilman Byrd that the variance be granted provided
that the sign is removed at time of termination of the
existing lease. The motion died for lack of a second. It
was the general agreement of Council that the reasoning cited
did not establish a hardship as defined for purposes of
granting variances, whereupon motion was made by Councilman
Blackburn, seconded by Councilman Schroede1 and carried that
the request be denied. Councilman Byrd voted Naye on passage
of the motion.
CANCELLATION OF 12-28-76 MEETING
City Manager Tiffany advised that it had been traditional in
past years for Council to cancel the meeting that fell between
the Christmas and new Year holidays, and inquired of their
desire regarding the meeting scheduled for December 28. It
was the consensus of Council that the meeting be cancelled.
CITY BOARDS AND COMMISSIONS
Inasmuch as the terms of various board and commiss~on members
shall be expiring December 31st, it was the suggestion of
Mayor Smoak that Council be furnished with a list of the
vacancies to be filled as soon as possible in order that they
have ample time to consider potential appointments prior to
the Organizational Meeting of Council on January 11th. It was
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further suggested by Mayor Smoak that City Manager Tiffany
evaluate the various existing advisory boards of the city,
in conjunction with members of his staff, as to the necessity
of such boards and how they actually function as opposed to
appointments made to possible non-working entities.
OONDEMNED BUILDINGS STATUS
City Attorney Baird advised the court had entered a default
on one of the parcels, and he anticipated a hearing and judg~- .
ment in the very near future; one other suit had been filed,
and that one other shall be filed this week. Mayor Smoak
commended Mr. Baird for this extra work and effort in acquiring
the necessary legal position to allow for removal of buildings
which have been condemned.
FINANCE DIRECTOR'S REPORT
Finance Director Sanchez reported on a rather heavy cash
flow at the present time, due primarily to receipts of
ad valorem and franchise taxes, and such ide~ funds were
being invested from time to time with $100,000 having been
invested this date @ 5~%.
MAYOR'S REPORT
Mayor Smoak reported on a meeting of the Lake County Pollution
Control Board held last evening at which they had granted the
city an additional six months v~riance to use the church
property for effluent disposal; That Drs. Zoltek and Bayley
had appeared before the Board to present their updated
proposed, and that it had been unanimously accepted as pre-
sented with the exception of a change in the location which
shall be from State Road 50 to immediately west and to the
north of the sewage treatment plant.
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative, reported
briefly on his attendance of the Library Board Meeting held
on Monday; That correspondence had been received advising
that the Lake County League of Women Voters would be appear-
ing before the Board of County Commissioners requesting that
they petition for state funds to make an indepth library survey
in Lake County: That the Head Start Program for children three,
four, and five years of age had started with twenty having
been in attendance at the initial meeting; and, That book
circulation at the Library had increased considerably frDm
last year.
COMMUNICATIONS
City Clerk Carroll advised of communications received from
the Clermont High School Student Council and Mr. John Torrez,
wherein they requested permission to sponsor dances in the
Jenkins Auditorium on December 17th and December 18th,
respectively. Motion was made by Councilman Blackburn, seconded
by Councilman Schroedel and carried that the requests be granted
providing all rules and regulations pertaining to dances held
in the auditorium are met.
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City Clerk Carroll read a communication from Mr. Ben
G. Cunningham wherein he rendered his resignation from
membership on the Planning & Zoning Commission due to
business commitments.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by
Councilman Byrd and carried that the bills be paid. A copy
is attached hereto.
STATE ROAD 50 EASEMENTS AND DEEDS
City Manager Tiffany advised of the following documents
requested by the DOT as a part of the State Road 50 Improve-
ment P~oject thru the city: Four temporary construction
easements, Three storm sewer easements, and deeds for three
small city-owned parcels. Motion was made by Councilman
Blackburn, seconded by Councilman Schroedeit and carried that
the Mayor and City Clerk be authorized to execute the
necessary documents as presented. The location descriptions
are attached hereto.
WATER RETENTION AREA
City Manager Tiffany reported on an offer to Purchase by the
DOT of 18,241 square feet of property designated as a portion
of the city's cemetery property in the amount of $8,030 to
be used as a water retention area in the State Road 50
Project, and recommended that it be accepted, advising that
most of the land is not useable for cemetery purposes. Motion
was made by Councilman Blackburn, seconded by Councilman
Byrd and carried that the City Manager's recommendation be
accepted.
ICMA RETIREMENT FUND TRANSFER
Motion was made by Councilman Blackburn, seconded by
Councilman Byrd and carried that City Clerk Carroll be
authorized to execute an agreement to transfer custody of fo~er
City Manager Robert M. Hopkins' ICMA retirement fund to his
new employer, the City of Weslaco, Texas.
CITY HALL
With regards a possible even trade of the existing city hall
for the former bank building, motion was made by Councilman
Blackburn, seconded by Councilman Byrd and carried that City
Attorney Baird and City Manager Tiffany pursue the matter of
obtaining an option on the property in order that there be
sufficient time to thoroughly check the structure and its
facilities, develop a contractual document to insure of good
title to the property, and prepare a refined accounting of costs
involved in actually occupying the building for use as a city
hall.
PROPOSED STREET MAINTENANCE PROGRAM
An iihdf4)th proposa 1 and estimated cost for thi s fi scal year's
street maintenance program, as prepared by City Manager Tiffany
and Director of Community Services Smythe, was submitted to
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ORDINANCES
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Council for their thorough study and review. It was the
suggestion of Councilman Blackburn, and Council was in agree-
ment, that this matter also be publicized in an attempt to
obtain suggestions and input in general from the city's
residents. Mayor Smoak asked that Council review the proposal
carefully, and be prepared to consider the matter at the
meeting to be held on Jnuary 11, 1977.
Councilman Blackburn offered and moved the adoption of AN
ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A
PORTION OF WEST AVENUE DESCRIBED HEREIN, ACCORDING TO THE
OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK
8, PAGES 17 to 23,INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY,
FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR
PUBLICATIONS, and the motion was seconded by Councilman
Schrode1. 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:
Blackburn, Byrd, Schroede1, Hone~. and Smoak. Total Ayes:
Five. Nayes: None. So the ORDINANCE was adopted and the
Number 80-M assigned to it.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
CHANGING THE NAME OF WOODLAND AVENUE ACCORDING TO THE OFFICIAL
MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES
17 to 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
TO SHADY NOOK DRIVE: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION, and the ORDINANCE was read for a first reading
by City Clerk Carroll, by title only.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
CHANGING THE NAME OF COOPER'S LANE, ACCORDING TO THE OFFICIAL
MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES
17 to 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COU~TY, FLORIDA,
to SCHOOL STREET: PROVIDING AN EFFECTIVE DATE: ~ND PROVIDING
FOR PUBLICATION, and the ORDINANCE was read for a first reading
by City Clerk Carroll, by title only.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING
THE NAME OF WEST LAKE AVENUE, ACCORDING TO THE OFFICIAL MAP
OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 to
23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY , FLORIDA, TO
ELEVENTH STREET: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR
PUBLICATION, and the ORDINANCE was read for a first reading
by City Clerk Carroll, by title only.
Mayor Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR
HOME OCCUPATIONS: REPEALING ALL ORDINANCES IN C ONFl!:.I~T HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND
PROVIDING FOR PUBLICATION, and the ORDINAN~E was read in its
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entirety for a first reading by City Manager Tiffany.
Following considerable discussion on the matter wherein it
was suggested certain sections could be determined arbitrary,
certain sections could be determined to be too restrictive,
etc., it was the suggestion of Mayor Smoak that council
members, individually, consult with City Attorney Baird
regarding their suggestions for revision, prior to the Public
Hearing and consideration for enactment to be held on January
11, 1976.
There being no further business to be brought before Council at this time, the
meeting was adjourned by Mayor Smoak at 9:15 P. M.
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Claud~ E. Smoak, Jr., Mayo~