05-23-1978 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held on Tuesday, May 23,
1978. The meeting was cal.led to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with
the following members present: Councilinen Schroedel, Cole', Byrd, and Honey. Qther officials
present were: City Manager Tiffany, City Attomey Baird, City Clerk Carroll, Finance Director
Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present were: Ms.
Deborah Caplan; Mesdames Fineis and Edington; Mr. & Mrs. John Sarg~nt; Mr. & Mrs. William
Dailey; Mr. & Mrs. Howard White;' and Mr. & Mrs. Edward McMurry; Messrs. Reynolds, Williams,
Greenlee, Smith, Jackson, Dean, Czech,' Searles, DOwling, Rausch, Leach, Faulkner, Cooper,
Scott, and Willett. Mr. .Ramsey Campbell, Sentinel/Star representative was also present.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of
A1~egiance in unison by those present.
The Minutes of the Regular Meeting held May 9, 1978 and the Special Meeting held May 15, 1978
were approved as written.
PUBLIC HEARINGS
Council, sitting as a Board of Adjustment, considered a request by William L. Faulkner
for a Variance to Section 26-21 (E)(3) R-1 URBAN RESIDENTIAL DISTRICT-REAR YARD SETBACKS
of the Zoning Ordinance in order to extend and then,'enclose an existing patio on his
property described as:
Lot 18, Block B
Edgewood Place Subdivision
(220 Edgewood)
which would necessit~te a penetration of three feet into the required 25' rear yard
setback. Mr. Faulkner appeared before Council in support of his request, advising
that to screen in the.existing 6' patio, the area would be too small to accomodate
st8lldard patio fumiture.' Messrs. Leitch and Rausch, abutting property owners .of
Mr. Faulkner, appeared before Council in support of the request, and there was no
one present who voiced objection to it. Motion 'was thereupon made by Councilman
Schroedel~ seconded by Councilman Cole and carried that the request be granted.
Council, sitting as a Board of Adjustment, considered a request by Richard R. Reynolds,
Trustee for a Variance to Section 26-25 (E)(l) GENERAL COMMERCIAL nISTRICT-SETBACKS
ADJACENT TO SRSO of the Zoning Ordinance in order to construct a building on the pro-
perty described as:
701-760 East Highway 50
WiDn Dixie Plaza
Shopping Center.
that would penetrate .20 feet into the required 'setback requirement adjacent to State
Road 50. Mr. Reynolds appeared' before Council in support of his request advising
that strict adherence to the required setback would cause them a loss of 6-8 parking
spaces and create a traffic flow problem as the building woilld be located in the
middle of a parking. row. It was brought to Council's attention that the existing
eastem entrance to the shopping center that is now adjacent to the proposed location
of the construction would be closed and a new entrance constructed that would be west
of the proposed const~ction location which could conce~veably create a safety ingress/
egress problem should there be traffic tied up at the proposed Foto Hut.
Due to the ample space available for construction of the building within the required
$etback, and in the interest of safety and reserving the integrity of setba:cks along
the state road, motion was made by Councilman Byrd~ seconded by Councilman Schroedel
and carried that the request be denied. Councilman Honey voted in, the negative on
passage of the motion.
Council, sitting as a Board of Adjustment, considered a request by Mrs. F. N. Edington
for a Variance to Chapter V, Article II, Section 5-15 (RESTRICTIONS ON ERECTION OF
FENCES) of the Clermont Code in order to erect a fence on her property described as:
sJs of Lot 92,
All of Lots 93 and 94,
N~ of Lot 95
Hillcrest Subdivision
(730 Drew Avenue)
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that would. exceed the height requirements for fences in front::yards by one f~ot. Mrs.
Edington appeared before Council in support of her request, advising that due to the
nature' of her employment with the Federal Narcotics Bureau necessitating at ttmes that
she have certain court evidence in her home, all possible security precautions were.
very necessary, and she thereby desired' to install a chain link fence of five feet in
height on all per1.meter:..l1nes around her property for personal security. Messrs. White
and McMurry, abutting property owners, appeared before Council in opposition to the
request, opining that an e]J:tension of only one foot to the existing allowable height
of four feet. would not provide that much additional'security, and they therefore felt
tha~ the existing code requirements should be upheld. Mrs.Edington opined that such an
extension would not provide secure proof, but would be more of a detriment. for illegal
entry to her property than a .four foot fence. Motion was made by Councilman Byrd,
seconded by Councilman Cole and carried that the request be granted. . Mayor Smoak voted
in the negative on passage of the motion.
"208" PLANNING PROGRAM.
Mr. Aaron Dowling, "208" Project Director of the East Central Florida Regional Planning
Council, appeared before Council with a slide presentation of the 208 Water Quality
Management Plan, now in its final stages, and to solicit the City's .acknowledgement
of "208" Management Agency.responsibilities and intent to proceed in the iJDplementation
of the "208" planning program. Mr. W:I,.lliam Dailey, the City's representative on the
Planning Council, strongly urged that Council accept designation, as a management
agency, and that Council avail themselves of the written synopsis of the proposed plan
for more indepth information. Mr.Dawling submitted a draft Resolution and list of
specific recommendations, as submitted by the "208" planning Staff for Council's con-
sideration, wherein the estimated funding' costs were designated to be provided by
assuming 75% funding, and 25% local costs. Mayor Smoak thereupon inquired if this
meant the City. would be liable for participation in 25% of the local costs for whatever
programs are developed by the Regional Planning Council. Mr. DOwling advised that
this was a mis~rding as the intent for, the 25% of the funding ,would be provided by
the State inasmuch as the planning programs would include many areas outside municipal
boundaries and even in other counties, and he would be glad to work with ..the adminis-
trative staff in revising the language for resubmission to Council.
TAX EXEMPT PROPERTIES
City Attomey Baird inquired of Council's desire to ~ppeal the recent finding of the
Lake County Tax Assessor wherein tax exemption status was denied on the city owned
Jenkins Auditorium because of its partial occupancy by the Chamber of CODlDerce.
Motion was made by Mayor Smoak~ seconded by Councilman Schroede1 and carried that the
City Manager and City Attorney further tnvestigate the matter, and, if in their opinion
they feel an appeal should be instigated~ that such pursuit be authorized.
FLORIDA LEAGUE OF CITIES BOARD MEETING
Mayor Smoak reported on his recent attendance of a joint Fiorida League of Cities
Board meeting and Legislative CoDIDittee in Tallahassee wherein a review was made of
pending legislation as would affect local government; that the primary area of concern
has been the proposed removal of the growth factor in ad valorem taxes; and, that the
members had spent a portion Qf the day lobbying in the Capitol with local delegations
regarding the matter.
USER FEES 'FOR CITY RECREATIONAL FACILITIES
The feasibility of assessing user fees to out of city adult leagues using the city
owned recreational facilities inasmuch as adult programs have expanded and there is an
increasing demand for use of the facilities by local residents, was discussed at length.
Following inquirY from City Manager Tiffany as to complaints received regarding inability
to use the facilities by local r'esidents, and he advised they had been very minimal,
it was the consensus that no action be taken at this time.
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BOND REFUNDING
City Manager Tiffany advised of remaining areas in the proposed bond ordinance and
resolution to be resolved; That he and Mr. Sanchez were still meeting with officials
of Southeastem Municipal Bonds, Inc. regarding the matter; and, That he would recODlDend
the matter be placed on the next regular meeting agenda unless it became necessary that
a special meeting be called prior to that date because of a time deadline unforseen
at present.
AUDITING AGREEMENT
Mr. John Greenlee of Greenlee, Paul, Fumas, and Kurras, Certified Public Accountantls,
appeared before Council to advise them of hourly rate specifics Which had been deleted
from their proposed auditing agreement submitted for Council's consideration; That
they had been deleted from this year's proposal inasmuch as they are remaining the
same as those of last year, the same being, for partners of the firm, $25 per hour;
for staff accountants, $15 per hour; and clerical @ $6 per hour. Motion was thereupon
made by Mayor Smoak~ seconded by Councilman Byrd and carried that the auditing agreement
for fiscal year ending 9-30-78 be accepted and executed by the proper city officials.
Inquiry was made of Mr. Greenlee as to cODlDent on the state mandated municipal uniform .
accounting system to become effective 10-1-78. Mr. Greenlee advised he had not made
an indepth study of the system, b~t following a brief review he was of the opin:l,.on that
several areas would have to be revised in order to fumish the City with as much
information as they are presently getting and need; That he felt the system was primarily
designed for larger cities that are on computer systems; and That the existing'revised
sy~tem in use and the one prior to it were more than adequate for the City of Clermont.
MaYQr Smoak advised that the new mandated revision was the third revision mandated f9r
municipal accounting by the State in a like number of years; That he was desirous of
proof of the possible benefits and cost effectiveness of changing the system a third
ttme; and, That in an endeavor to obtain this information, he. recommended that City
Manager Tiffany in conjunction with Finance Director Sanchez, prepare a.detailed
letter to be over his signature, advising the proper State Regulatory Agencies that
the City will not participate in the new~ mandated system and categorize the reason,s
why, such as lack of necessary comparative data, etc. Council was in agreement with
Mayor Smoak's recODlD.eIldation.
COMPREHENSIVE PLAN
In addition to the complete proposed comprehensive plan submitted to Council previously,
a detailed summary of the most essential information from the City's plan was presented
to Council for their study and consideration prior to the procedure of public hearing
reviews and final adoption process. It was the suggestion of Mayor Smoak that each
Council member review the suiamary thoroughly prior to the next regularly scheduled
meeting, at Which time a. step";'by-step review will be- made for acceptance or recODDD.enda-
tions for revisions.
78-79. FISCAL YEAR BUDGET PRIORITIES/PROJECTS
The follcwing suggested.priority items fo~ fiscal year 78-79 were ~e1ated by Council
to be compiled by City Manager Tiffany for hissubsequent recODDD.endations.back to
Council:
By Mayor Smoak:
Major City landscaping program (particularly along SRSO),
Replacement of chairs in Council Chambers,
Close review of budget regarding operating expenses and requirements for
effluent disposal with regards possible reduction of ad valorem taxes,
Cost evaluation figures for renovation of Jenkins Building interior and exterior,
Paving of Broome Street between Fourth and Fifth Streets'"
Resurfacing of tennis courts at Kehlor Park,
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By Councilman Schroedel:
City owned and operated nursery for continuing beautification program
By Councilman Byrd:
Continuing street tmprovement program on a "pay-as-you-go" plan
By Councilman C.ole:
House-to-housemail devliery in Lincoln Park area,
Additional recreational facilities in Lincoln Park area,
Pursuit of sidewalk construction program.
Councilman Honey advised that he had not been present at the previous meeting and
thereby did not have a suggested list prepared, but that he fully concurred with the
priority projects as mentioned.
MEETING . RECORDER PURCHASE
It was the recommendation of City Manager Tiffany that the purchase of a Sony BM-145
recording unit @ a net government price on State contract @ $800 be authorized, to
replace the existing obsolete belt-type recorder used for recording council meetings.
Motion was made by Mayor Smoak~ seconded by Councilman Honey and carried that the
Manager's recODlDendation be accepted.
Inquiry was made by City Manager Tiffany as to desired storage ttme of the meeting
tapes. It was the suggestion of Mayor Smoak, and Council was in agreement that they be
kept for a six month ,p~riod.
ORDINANCES
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, AMENDING APPENDIX A OF THE. CODE OF ORDINANCES; PROVIDING FOR THE REGULATION
OF FENCES, and the Ordinance was read by City Clerk Carroll for a first reading by title
only.
A proposed Ordinance regarding revisions to the existing requirements for Signs was
considered by Council. An amendment to the proposed ordinance under SECTION 4. ROOF
SIGNS, was offered by Mayor Smoak wherein ROOF SIGNS would be allowable only under
Conditional Use Permit. The proposed Ordinance was introduced by Councilman Schroedel
as amended, and it was. read by City Clerk Carroll for a first reading by title only.
Councilman Honey introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF TENTH STREET DESCRIBED AS
ALL THAT PORTION OF TENTH STREET BOUNDED ON THE SOUTH BY THE NORTH R-o-W LINE OF
MONTROSE STREET AND BOUNDED ON THE NORTH BY THE SHORES OF WEST LAICE, and it was read
by City Clerk Carroll for a first reading by title only.
Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT AMENDING THE OFFICIAL .ZONING MAP; REZONING THE
REAL PROPERTY DESCRIBED AS LOTS 8. 9~ 10~ 11. and 12, IN CITY BLOCK 27, FROM A C-1
ZONING CLASSIFICATION TO AN R-3 ZONING CLASSIFICATION, 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 173-C assigned to it.
Councilman Honey offered and' moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCE OF THE CITY OF CLERMoNT AMENDING SECTION 26-28(B)(2); REQUIRING NOTICE OF
PROPOSED VARIANCE TO ADJACENT PROPERTY OWNERS, 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:
Schroedel, Byrd~ Cole~ Honey, and Smoak. Total Ay.es: Five. Nayes: None. So the
Ordinance was adopted and the number 175-C assigned to it.
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Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, PROVIDING FOR THE AD0PTION BY REFERENCE OF CERTAIN STANDARD
CODES RELATING TO BUILDING CONSTRUCTIO~, and the Ordinance was read for a first
reading by City Clerk Carroll by title only. Councilman Byrd thereupon offered
and moved. the adoption of the aforementioned Emergency..Ordinance, and the motion
was seconded by Councilman Honey. 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: Byrd, Honey, Cole, Schroedel, and Smoak. Total
Ayes: Five. Nayes: None. So the Ordinance was adopted and the number. 11l-M
assigned to it.
VISITORS WITH BUSINESS
Messrs. Williams and Dean appeared before Council to oppose a request for the
rezoning of Lots 1 thru 7 in City Block 27 frOm its existing C-1 'zoning classification
to an R-3 zoning classification.. . Mayor Smoak advised the initial consideration of this
request would be by th~ ,Planning & Zoning Commission, meeting in Public Hearing on
June 6th, at Which time they were welcome to attend and be heard.
There being no further business to be brought before the Council at this time, the meeting
was adjoumed by Mayor Smoak. at 10:30 P.M.
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CLAUDE E. , JR. - :tOR
Qa,A~ f;. ~~/l
DOLORES W. CARROLL - CITY CLERK