01-08-1980 Regular Meeting• •
•
CITY OF CLERMONT
MINUTES
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held
Council Chambers on Tuesday, January 8, 1980. The meeting was called 1
at 7:30 P.M. by Mayor Claude E. Smoak,Jr., with the following members ~
Councilmen Byrd, Thomas, and Cole. Mayor Smoak advised that Councilman
was appearing before the City Council of the City of Minneola regardinc
posed street closing, and would be present at this meeting a little la1
Other officials present were: City Manager Forbes, City Attorney Baird.
Clerk Carroll, Finance Director Saunders, and Chief of Police Tyndal.
present were: Mesdames Smoak, Cook, Homan; Mr. and Mrs. Bob Wertz, Cali
Hettinger, George Rudd, Bob Ray, Jack Matthews, Robert Zoppi, Jack Sarc
Chris Giachetti, Roger Test; and, the Messrs. Westbrook, Dougherty, Rat
Crews, Horton, Mauchly, Conley, Thompson, Weaver, Searles, McMahon, an<
Representatives of the local PRESS were also present.
in the
0 order
resent:
Meginley
a pro-
er.
City
thers
in
ent,
sch,
Jones.
In lieu of the normal invocation given preceding each meeting, a momen of
silent prayer was offered to request the guidance of our Lord in helpi g our
President gain the safe release of the hostages in Iran, followed by t e re-
peating of the Pledge of Allegiance in unison by those present.
It was the request of Mayor Smoak, and there were no objections by oth r members
of Council, that the Minutes of the Regular Meeting held on December 2 , 1979
under heading of SLUDGE BID, be amended to reflect that Mayor Smoak va ated the
Chair prior to consideration of the matter, and took no part in the di cussion
or action on the matter. The Minutes of the December 29, 1979 Meeting were then
approved as amended.
VARIANCE REQUEST: SUMEREX ENGINEERING CORPORATION
Council, sitting as a Board of Adjustment, considered a reques by
Sumerex Engineering Corporation for multiple variances to the oning
Ordinance to allow for construction of three duplexes on their pro-
perty located in Sunset Heights Subdivision. City Manager Forb s ad-
vised of the following variances that would be necessary:
A. Lot area of 28,775 sq, ft., whereas 30,000
sq.ft. is required (10,000 per duplex).
B. Lot width at the building setback line of
100 feet, whereas 200 feet is required for
Units #1 and #2.
C. Lot width on Oak Street of 27.5 feet for
Unit #3, whereas 50 is required.
D. Distance of 20 feet between Units #1 and
#2, whereas 50 feet is required.
Mr. Dennis Horton, Attorney, representing the Sumerex Corporation,
appeared before Council in support of the request and advised it
was their desire to construct three top quality duplexes that hey
felt would be an asset to the community, but due to the unusual con-
figuration of the property, the multiple variances. would be required.
He further opined that it would deprive the owners of a reason ble
use of their property unless the variances were granted. Follo ing
inquiry from the Chair as to anyone present who desired to address
the matter, Mr. & Mrs. George Rudd, Mr. & Mrs. Cal Hettinger, r. &
Mrs. Roger Test, Ms.Miriam Conboy, Messrs. Irvin Crews, Charles Paul,
Robert Zoppi, and Dan J. Westbrook, all abutting and/or adjacent pro-
perty owners, appeared before Council in opposition to the request,
expressing great concern as to such increased density so close to
existing homes in the area, and the already heavy traffic congestion
existing due to the location's close proximity to the elementar and
senior high school complex. It was generally agreed by Council that
an excessive number of variances to the Zoning Ordinance were b ing
requested for a single project, and, that ingress and egress to the
property as proposed would be so close to the existing homes as to
80-1 create a hardship in the community.Motion was thereupon made by
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CITY OF CLERMONT
MINUTES
Councilman Cole, seconded by Councilman Thomas and unanimously
Carrie t o t o request e enie .
BLOXAM AVENUE PROPOSED CLOSING
Councilman Meginley arrived at this time, and advised he had a
80-2 before the City Council of Minneola regarding the proposed clo
of Bloxam Avenue in Minneola that is located north of Silverto
and west of Highway 27, which is included in the City's Compre
Plan as a major north-south street that should be extended thr
cities of Clermont and Minneola. He further advised that no ac
taken on the matter pending consultation with their City Attor
NATURAL GAS DISTRICT ANNUAL REPORT
Mr. Jack Sargent, the City's representative on the Lake Apopka
Gas District's Board of Directors, appeared before Council to
that for the first time since the District was established in
1959, they had realized a net surplus at fiscal year ending Se
30, 1979, and, that in accordance with their covenants and wit
equitable rolling formula that was developed between the three
cipating cities for distribution, he was honored to present th
with their share in the amount of $50,000. Mayor Smoak advised
the formula originally derived for the City of Clermont's shar
been a .fixed rate on a percentage basis; That the growth facto
South Lake County since that time had certainly exceeded that
rate; and, That due to the efforts of Mr. Sargent as an active
cipant and leader on the District's Board of Directors, Clermo
had appreciably increased because of a formula change to a mor
floating rate. Mayor Smoak commended Mr. Sargent for his effor
opined that they had definitely and appreciably benefited the
in the City of Clermont.
LAKE COUNTY LEAGUE OF CITIES
City Manager Forbes advised of the quarterly Lake County Leagu of
Cities meeting to be held at the Leesburg Community Center on ednesday,
January 16th at 7:00 P.M., and that reservations should be mad with
the City Clerk no later than 4:00 P.M. on January 11th.
LAKE SHORE DRIVE
Mayor Smoak opined that he felt it important for the City to p
the gaining of legal easements on the few remaining parcels of
along Lake Shore Drive that were not resolved with adoption of
Ordinance closing a portion of Lake Shore Drive in exchange fo
easements, and he suggested that the City Attorney be authoriz
communicate with the remaining property owners in question to
arrange a negotiated settlement for legal easements in order t
the problems along Lake Shore Drive with utilities and street
could be resolved. He further suggested that the City Attorney
convey any,and/or all, requests made by these property owners
80-3 Council for consideration. Motion was made by Councilman Byrd,
by Councilman Meginley and unanimously carried that the sugges
Mayor Smoak be accepted and the necessary authorization grante
RE-COUP OF 1979
Mayor Smoak opined that 1979 had been a very productive year i
City of Clermont with the conclusion of three major projects t
have tremendous effect in the future of the community, these b
the success in the Legislature for removal of 9200 land acres
tely south of the city limits from the designated area of Crit
State Concern; The conclusion of the Marshland Study concernin
disposal; and, The conclusion of an engineering report on the
water system which had been initiated in March of 1978. He adv
rsue
property
the
utility
d to
ry to
at all
ocation
then
ack to
seconded
ions of
the
at will
ing
mmedia-
cal
effluent
ity's
sed that
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CITY OF CLERMONT
MINUTES
•
the City had experienced an extremely fast growth position whi
is exceeding an annual rate of 8o as opposed to a national rat
3.6%, but that the type of growth experienced had been complim
to the community we have today; That there were several factio
the City that held strong feelings for no growth as opposed to
others that held strong feelings for unrestrained growth, and
responsibility of the Planning & Zoning Commission and City Co
adopt ordinances within those two perimeters; and, That upon a
tion of the type of growth vs the growth rate vs retaining the
cter of the community, he felt the P & Z Commission had perfor
outstanding job and deserved the recognition of everyone in th
munity.
;h
of
sntary
is in
several
t is the
ncil to
evalua-
chara-
ed an
com-
SIGNS
Councilman Cole advised of heavy pedestrian traffic across Sta e Road
50 in the vicinity of the Jacob's Chapel Baptist Church prior nd
following the church services on Sunday mornings, and inquired if
"Slow" signs could be installed in that area during that time eriod.
The matter was referred to City Manager Forbes for contact wit DOT.
DESIRED WORK PROGRAMS FOR 1980
Councilman D4eginley reported that Mr. Tom Lemon, a resident of
Lakes and an interested person concerned with the growth and d
in the Clermont area, and who desires to take an active part i
such growth, had presented he and Councilmen Cole and Thomas w
list of proposed work programs which he hoped Council would co
in 1980. Councilman Meginley read the communication in its ent
and requested that it become a part of these Minutes. A copy i
hereto.
Emerald
velopment
guiding
th a
Sider
rety,
attached
COMMUNICATIONS
City Clerk Carroll read a communication from Jack H. Watson,Jr.,
Assistant to the President for Intergovernmental Affairs, whey in he
expressed the appreciation of the President for the Council's ecent
message of confidence and support for his actions in handling he
Iranian situation.
City Clerk Carroll read a communication from Mrs. Frances Brie of
the South Lake County Neighborhood Center wherein she extendedltheir
appreciation and thanks for use of the Jenkins Auditorium on D~cember
21st for the distribution of Christmas dinner grocery certific tes
and Sentinel-Star Santa toys.
COOPER MEMORIAL LIBRARY BOARD PROPOSAL
Mr. Tom Dougherty, representing the Library Board, appeared beflore
Council to advise of the Board's positive plan of action to move the
80-4 Library to the former Exchange Bank Building from its outgrown present
location on Desoto Street, and thereupon presented a formal pr posal
for Council consideration as follows:
A. City permission in order to get a 60-90 day '~
option on the Bank building for $500 which
would come from the Library,
B. City willingness to sell the present building
and lots and apply that money toward the purchaser
of the Bank building. ~~
C. City willingness to sign the promissory note
and mortgage. ~
D. City willingness to grant the Library perpetual
use of the building for the Library.
Mr.Dougherty further advised that the Library Board pledged the selves
to raise $25,000 within the option period in the form of donati ns and
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CITY OF CLERMONT
MINUTES
pledges, and if this was not achieved, the City and Library Board
would reconsider the purchase; and, That the Board pledged to use
present assets of $5,000 and future assets exprected to be $15,000
plus fund drives to meet the mortgage payments so that the City would
not have to assume that obligation. Motion was made by Councilman
Meginley, seconded by Councilman Thomas and unanimously carried that
the proposal be accepted and the proper city officials be authorized
to execute on behalf of the City of Clermont, an option to purchase
real property known as the "Old Exchange Bank Building" on the corner
of Montrose Street and Lake Avenue and further described as follows:
Lots 1, 3, 5, and the East 31 feet of Lot 7;
Lots 4 and 6, less the West 31 feet; Lot 2,
less the West 31 feet of the Couth 40 feet;
and the East 31 feet of the North 10 feet of
Lot 8, all in Block 77 of Clermont, Florida.
The terms of the option shall be agreeable with representatives of
the Cooper Memorial Library Board and consistent with the best interests
of the City of Clermont but not to exceed the following:
1. A purchase price of $95,000.00.
2. A financing arrangement which would make the City
liable for 90% of the total of the purchase price
plus expected improvements and repairs, the total
not to exceed $125,000.00.
3. An amortization of the debt at the rate of 5 1/2 0
interest over a period of over at least 15 years.
RESURFACING KEHLOR PARK TENNIS COURTS
City Manager Forbes advised of bids received for the resurfacing of
the Kehlor Park Tennis Courts as follows:
Joe W. Teel,Inc. $ 2624.00
Varsity Courts,Inc. 2725.00
Tennis Services 4200.00
Sport Courts,Inc. 5980.00
He further advised that the bids had been investigated and considered
by him in conjunction with Public Works Director Smythe, and it was
their recommendation that the low bid of $2624 from Joe W.Teel,Inc.
80-5 be accepted.Motion was made by Councilman Byrd, seconded by Councilman
Thomas and unanimously carried that the recommendation be accepted
and the bid be awarded to Joe W. Teel,Inc.
CITY ATTORNEY COMPENSATION
As requested at the last Council Meeting, City Manager Forbes sub-
mitted the Employment Agreement with City Attorney Baird which expired
on December 31, 1978, and advised that Mr.Baird's present salary of
$400 per month for routine City work was established in 1976, and the
additional $35 per hour for special research and litigation was set
in 1977. Inquiry was made of Mr. Baird as to comment and/or recom-
mendation on the matter. Mr. Baird proposed to Council that the past
agreement had been a workable one that was clear to both parties, and
he would .suggest that the basic agreement be retained, and he would
request that the retainer fee be increased to $500 per month and the
80-6 hourly rate for outside services be increased to $40 per hour. Mnt;nn
was made by Councilman Byrd, seconded by Councilman Thomas and unani-
mous y Carrie t at t e Employment Agreement be renewed from Januar
t ru December 31, 1980 with an amendment to Section 3. RETAINER
FEE t at t e City Attorney shall receive the sum of $500 er month.
Motion was ma e y Councilman Cole, seconded b Councilman Thomas and
unanimous y carried that the Agreement be still further amended under
ec ion ADDITIONAL COMPENSATION that the City Attorney shall receive__
e sum o $40 per hour.
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CITY OF CLERMONT
MINUTES
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BOARD/COMMISSION APPOINTMENTS
80-7
PLANNING & ZONING COMMISSION
The following named interested citizens who had requested either in
writing or personal appearance before the Council for consideration
to appointment on the P & Z Commission were nominated to fill Seats
numbered 2, 4, 6, and 8 for a two year term:
Ruth Alice Ray Henry Czech
Laura Cook Alfred (Pat) Wilcox
Louise Relyea Nick Jones
Jack Sargent
Following a written ballot and tabulation by the City Clerk, the re-
sults were as follows:
Ruth Ray: Councilman Cole
Councilman Thomas
Councilman Byrd
Councilman Meginley
Mayor Smoak Total: 5
Jack Sargent: Councilman Byrd
Mayor Smoak
Councilman Meginley
Councilman Cole
Councilman Thomas Total: 5
Nick Jones: Councilman Cole
Mayor Smoak
Councilman Meginley
Councilman Thomas Total: 4
Louise Relyea: Councilman Byrd
Councilman Cole
Councilman Thomas Total: 3
Henry Czech: Councilman Meginley
Mayor Smoak
Councilman Byrd Total: 3
Laura Cook: Total: 0
Alfred (Pat) Wilcox: Total: 0
Ruth Ray, Jack Sargent, and Nick Jones were thereupon declared appointed
to membership on the P & Z Commission for a two year term. A second
written ballot was taken between Louise Relyea and Henry Czech, and the
votes were tabulated by the City Clerk as follows:
Louise Relyea: Councilman Cole
Councilman Thomas Total: 2
Henry Czech: Councilman Byrd
Mayor Smoak
Councilman Meginley Total: 3
Henry Czech was thereupon declared appointed to membership on the P & Z
Commission for a two year term.
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80-8
80-9
80-10
80-11
CITY OF CLERIIIONT
MINUTES
The following named interested citizens who had requested either in
writing or personal appearance before the Council for consideration
to appointment on the P & Z Commission were nominated to fill Seats
1, 3, 5, 7, and 9 for a one year term:
Dr. Thomas Weaver
Laura Cook
Louise Relyea
Bob Thompson
Chris Giachetti
Following a written ballot and
suits were as follows:
Louise Relyea:
Laura Cook:
Bob Thompson:
Mike Conley:
Alfred (Pat) Wilcox:
Glenn Shelby
Mike Conley
Tom Honaker
Alfred (Pat) Wilcox
tabulation by the City Clerk, the re-
Councilman Cole
Councilman Thomas
Councilman Byrd
Mayor Smoak
Councilman Meginley
Mayor Smoak
Councilman Cole
Councilman Byrd
Councilman Thomas
Councilman Thomas
Councilman Byrd
Councilman Cole
Mayor Smoak
Councilman Meginley
Mayor Smoak
Councilman Byrd
Councilman Thomas
Councilman Thomas
Councilman Byrd
Councilman Cole
Councilman Meginley
Dr. Thomas Weaver: Councilman Meginley
Chris Giachetti: Councilman Cole
Glenn Shelby: Councilman Meginley
Total: 5
Total: 4
Total: 4
Total: 4
Total: 4
Total: 1
Total: 1
Total: 1
Tom Honaker: Mayor Smoak Total: 1
Louise Relyea, Laura. Cook, Bob Thompson, Mike Conley, and Alfred (Pat)
Wilcox were thereupon declared appointed to membership on the P & Z
Commission for a one year term.
LIAISON REPRESENTATIVE: COOPER MEMORIAL LIBRARY
By unanimous agreement of Council, Councilman Thomas was appointed as
raison representative to the Cooper Memorial Library Board.
LIAISON REPRESENTATIVE: CHAMBER OF COMMERCE
By unanimous agreement of Council, Councilman Cole was appointed as
raison representative to the Clermont-Minneola Chamber of Commerce.
LIAISON REPRESENTATIVE: LAKE COUNTY POLLUTION
CONTROL BOARD
By unanimous agreement of Council, Mayor Smoak was appointed as
raison representative to the Lake County Pollution Control Board.
ZONING BOARD OF ADJUSTMENT
By unanimous agreement of C'rn~nci 1 _ tha h; tv C'rninr~i l chal l C~Y[TD nc tl-,o
Zoning Board of Adjustment.
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CITY OF CLERMONT
MINUTES
80-12 HOUSING BOARD OF ADJUSTMENT
By unanimous agreement of Council, the City Council shall serve as
e ousing oar o A ~ustment.
80-13 BUILDING CODE BOARD OF APPEALS
By unanimous agreement of Council, Ms. Jean Winston was re_-appointed
to mem ers ifi p on fFie~ui'73'ing Code Board o Appeals for a three year
80-14 MAYOR PRO-TEM
The names of Councilmen Thomas and Byrd were submitted for nomination
to serve as Mayor Pro-Tem. Upon a voice vote in the matter, the results
were as follows:
Dennis Thomas: Councilman Cole
Councilman Thomas
Councilman Meginley Total: 3
Carlisle A. Byrd,Jr.: Mayor Smoak
Councilman Byrd Total: 2
Councilman Thomas was thereupon elected to serve as Mayor Pro-Tem.
EAST CENTRAL FLORIDA REGIONAL PLANNING
80-15 COUNCIL REPRESENTATIVES
By unanimous agreement of Council Councilman B rd from the Cit ,
an Mr. Nick Jones from the community-at-larcTe, were appointed to serve
as the City's representatives on the ECFRPC.
80-16
LANDSCAPE COMMITTE-RECREATION COMMITTEE
Mayor Smoak advised he would make appointments to the Landscape
'and Recreation Committees at the first Regular Meeting to be
held in February, and he encouraged that Council contact him
with any recommendations for appointment which they might have.
There being no further business to be brought before the Council at this
time, the meeting was adjourned by Mayor Smoak at 10:00 P.M.
~~
CLAUDE E. SMOAK,JR. - MAYOR
~ ~
,' J
DOL ES W. CARROLL - Y CLERK
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