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07-08-1975 Supporting DocumentsM EN UIFES NQ 1163 REGULAR MELTING A Regular Meeting of the City Council of the City of Clermont was held 'in the Council Chambers on Tuesday, July B, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present: Councilman Blackburn, Schroedel, Byrd, and Oswalt. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, City Controller Fleming, and Director of Community Services Smythe. Others present were: The Messrs. Czech, Robertson, and Sargent. A representative of the Sentinel/Star 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 hold June 19, 1975 were amended as follows: City Attorney Baird advised it was for the city administration to take a position that there is, or there is not, cause evidenced for the building official to extend the permit as had been requested." The Minutes of the Regular Meeting held June 24, 1975 were amended as follows: "With regards the Police Department obtaining meals for prisoners from the Crest and Kidder's Restaurants, it was the suggestion of Mayor Smoak that The Burger Castle and any other qualified vendor be solicited for their interest in participating, and that the City Manager investigate the merit of putting the meals on an annual basis to obtain the cheapest possible rate." Motion was made by ❑,,,,,, ­ndod by rnunrilman Oswalt and carried that. the minutes of the Mr. Robert Robertson appeared before Council and requested that the monthly fee for sanitation pick-up charged him be waived inasmuch as he desired to dispose of it himself, and further, he felt it was unfair competition to private enter- prise by the city having such a mandate for sanitation pickup thereby constituting a monopoly. Mr. Robertson was advised that the private business of Dump -All, Inc. operates in the city servicing commercial establishments, and, it was the opinion of Council that garbage disposal by the city was a service both desired and expected of municipalities by the majority of the citizens. Motion was made by Councilman Blackburn,seconded by Councilman Schroedel and carried that City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. With regards request of the City Manager that permission be.granted to advance city employees to Step 2 upon completion of the six months probationary period, m finn wac made by Councilman Blackburn, seconded by Councilman Schroedel and With regards resignation submitted by City Controller Fleming, effective September 1st, it was accepted by Council with regrets, and expressions of sincere appreciation far his service and cooperation while serving as City Controller was extended by Mayor Smoak, speaking for himself and Council. City Controller Fleming reported that a recent review of the city employees pension plan trust account as submitted by Mr. R. L. Carle, trust officer, indicated a good cash position. City Attorney Baird reported he had been advised there would be an appeal made by Minneola Citrus Shoppe, Inc. to the Building Code Board of Appeals with regards theirrequest for an extension of time on their building permit having been denied. Motion was made by Councilman Blackburn seconded by Councilman Schroedel and carried that the bills be paid.- 0 MINUTES M 11.64 Councilman Oswalt offered and moved the adoption of A RESOLUTION OF THE CITY C6UFiChC01IiTl CI14 01°-CCCR1fOTIT, 1:ATC COUNTY, FLORIDA, AUTHORIZING THE EXPENDITURE OF FEDERAL REVENUE SHARING FUNDS and the motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read by Mayor Smoak, by title only, and the Nunber 258 assigned to it. Councilman Oswalt introduced AN ORDINANCE: UNDER THE CODE OF ORDINANCES OF TIIE CITY OF CLERMONT, L—U-E COUNTY, FLORIDA, ADOPTING THE WATER AND SEWER DEPARTMENT BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1975-76, AUTHORIZING RECEIPTS AND DISBURSEMENTS CONTAINED THEREIN: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read by City Clerk Carroll, by title only, for a first reading. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF APPENDIX A OF THE CODE OF ORDINANCES: DEFINING YARD, FRONT YARD, SIDE YARD, AND REAR YARD: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read by City Clerk Carroll, by title only, for a first reading. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY F CLER NT, L Kt COUNTY, FLORIDA AMENDING SECTION 3-4 OF THE CODE OF ORDINANCES : PROVIDING FOR THE SALE OF ALCOHOLIC BEVERAGES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read by City Clerk Carroll, by title only, for a first reading. Following a presentation from Lake County Planning Director Mike Willett of the proposed Lake County Comprehensive Plan and City/County planning cooperation to the Planning & Zoning Commission, it was their recommendation that Council appoint committee members to represent the city on a South Lake County,.Planning Committee. It was the opinion of Mayor Smoak, and Council was in agreement, that Clermont's Planning and Zoning Commission should develop an overall compre- hensive plan as they would desire for this area, in order to develop a position regarding the plan prior to presentation to the Lake County Board of Commissioners. Mayor Smoak then called a joint workshop session of Council and the P & Z Commission to consider this matter for immediately following the next regular meeting of Council to be held on July 15th. City Manager Hopkins reported to Council on the recent meeting held with Mr. Hennessey of Lake County Pollution Control and officials of the DOT wherein they submitted an amended proposal for the Highway 50 drainage basin for consideration by Council. Council was in agreement with the amended proposal. Inasmuch as two of the proposed amended locations are on city property dedicated as a park and cemetery, Mr. Hopkins advised it would be necessary to prepare a Resolution for DOT's authority to use these properties for the drainage basin project. Motion was made by Councilman Schroedel seconded by Councilman Blackburn, and carried that City Attorney Baird be requested to are the necessary Resolution for Council's consideration. Mr. Hopkins further advised that it was the desire of the DOT that the city assume responsibility for the maintenance of these locations following construction. Council was not in agreement with this, and City Attorney Baird was requested to investigate the feasibility and/or advisability of deeding the necessary property at these locations to the DOT and report back to Council. With regards request by the Elk's Club to erect a 2' x 8' sign on the city's sign grouping located at Highway N50 and 7th Street, it was consensus that such a sign should not be as large as the primary sign designating the hospital, as now exists, but more in line with the secondary signs of the Chamber of Commerce and Business District located there. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the`Elk's Club be granted permission to: MINUTES M 1165 With regards city assistance over and above the annual budgeted amount as requested by officials of Cooper Memorial Library, the following action w taken: Mothe n wns made by Councllnian Bvrd, seconded by Councilman 0lackb man Oswalt voted, Naye, on ayor Smoak voted Naye on passage of the motion. Motion was made by Councilman Blackburn that the city provide a bicycle rack for use by patrons of the library. The motion died for lack of a second. The meeting was adjourned by Mayor Smoak at 9:45 P. M. /91 Claude E. Smoak, Jr.; Mayor 0 ores W. Carrol 1, City Clerk 'ro city Coune I.l FROM: City Manager SI11im?.C'n Rl.k'n Club Sill: UA'Lti: July 2, .1975 Mr. Arnold Brldyca rupruaunLing tilt! Idlk'u Club hau requented permlar:lnn to erect a e1Rn on the clty'a Ellyn grouping aL Sit 50 and 701 Street. Attached is a drawing of the proponod itilp:. 'rhe sign would be built and mounted by the Cltrun 9'ewur Sign Shop. Council connideration Ju requcuted. Attachment cc: City Clerk w/attachment Agenda 7/8/75 Building official w/attachment CITY MANAGER'S_Rn'Uf17.... SWIMMING INSTRUCTION The swimming program at Jaycee beach began Monday, July 7th. Tiffany Jones is the instructor/supervisor along with three other instructors. Over, 100 persons are receiving instruction from pre -beginner, thru senior life saving. At the conclusion of the program, a complete report will be provided regarding number of participants, costs, etc. McUON_ALD's CARNIVAL Arrangements have been mado to have the McDonald's Muscular Dystrophy Carnival on July 19th on the unimproved Millholland right-of-way between SR 50 and E. Minnehaha. The Millholland R-041 is just east of McDonald's. LAKE COUNTY LEAGUE OF CITIES The next meeting of the Lake County League of.Cities.will_be..on July 1,6th at the Holiday Inn on US 27 at SR 19. Ray Sittig, Executive Director of the Florida League of Cities, will be the guest speaker. ,MERIT INCREASES In accordance with Council action, employee merit salary increases will be j frozen effective October 1. New employees are hired in Step 1 and serve a six month probationary period. It is requested that we be permitted to advance these employees to Step 2 at the end of the probationary period. CITY MANAGER VACATION I plan to be on vacation from July 21st thru August 1st. During my absence Bob Smythe will be Acting City Manager CONTROLLER John Fleming has resigned as Controller effective 1 September. The budget provides for a full time controller position for which we will immediately advertise. �MHo 'n July 3, 1975 TO: City Council FRAM: City Manager SUBJECT: Library DATE: June 19, 1975 The library has requested that the city assist them in the following areas: 1. The outside of the new construction needs to be painted. Wehave obtained e e an obtawas obiIncluded of$375.00tto do thehe work contract. 2. The library wants to use the grassed area west of the a concretebuilding oapproachgWillhneedrtowbelconstructed.reuire Cing tynd forces could do the work. Estimated cost of materials - $350.00 3. The library would like a bike rack. Estimated cost - $100.00. These items should be discussed during budget considerations. It also seems appropriate that some thought should be given to the extent to which the city will provide ropriatiin ncial assistance to the 18brary beyond R. M. Hopkins cc: Controller Director. Community services bc: R. M. Hopkins July 1, 1976 Mr. Robert R. Robertson 1017 Montrose Street Clermont. Florida 32711 Rat garbage Collection Dear Mr. Robertson: We have investigated your request for waiver of the $9.00 per month collection fee since you dispose of your own garbage. The Code of Ordinances does not provide for the waiver of the - -- - fee. However, you have the right of appeal to the City council. Please advise if you would like to appear before the City Council so we can place you on the agenda. Sincerely. 111/VIN A.N1/ 11AII111 A110O❑YYS AT LAN 1 V/KA/OnIF 11I.AIA IIIIIVK [I1.1711 DI IIN'1'. FI.1111111A 1111711 .Tune 30, 1975 RECEIVED J U L 1 1975 Robert M. Ilopkinn City Manager 1 Westgate Plaza Drive Clermont, Florida 32711 RE: CAREACB COLLECTION Dear Mr. Hopkins: I am in receipt of your letter of Juoa 27, 1975, regarding the garbage collection fee and a possible waiver of the fee for Mr. Robert It. Robertson. As you pointed out in your letter, Section 10-2 of the Code of Ordinances provides that actual producers may dlspoea of their own garbage. However, this is merely an ....... exception to the general rula that no mw except thecity may collect. and dispose. _.... of refuse and garbage. This section does not mention a waiver of the fee. Section 10-6 of the Code of Ordinances provides for a fee for "each property owner having a municipal water service meter connection to the cityls water supply and storage system or plant". There is no provision here for the waiver of the fee. In conclusion, the Code of Ordinance:: has no provision for the waiver of the fee, however, relief could be afforded by Section 10-3 which allows aggrieved parties the right to appeal to the City Council. Vcryilly yours, I LEONARD H. EAIRD, JR. LRB/hmb June 27, 1976 Leonard H. Baird, Jr. Ctty Attorney P. 0. Box 848 Clermont, Florida 32711 Ra: 1017 Montrose Street Dear Mr. Baird: Attached is a lat0er from Robert R. Robertson of 1017 Montrose Street which is self-explanatory. Section 10-2 of the Code of Ordinances provides that actual producers may dispose of their own garbage and trash. Section 10-6 provides for fees for city collection and disposal. - - Do we have the authority to waive a fee in the case of owner disposal as outlined in Mr. Robertson's letter? Your comments will be appreciated. Sincerely, Robert M. Hopkins City Manager Attachment RMH/md q 7.5 RECEIVED.IUN 2 6 1975 "'Yl 0-e y c�. ar •to � 4 : ✓n a.n n �o C n-� 1 1 Ate' ic-s,? vr� a nat L<n v, a�2 � � .�uaiv-i2 x�-e��,-1 .(�,.�,�C��c,�r,�,yrv�o-u•-r� �9 y•��!> ' �' ratio-n�G�. is -(K L 4s'leA ;9 can o-t(n 'YU?Lt- =Yk(N Y)"U2 '944 n< r ! ,•� Y ;•1� \(l�.�J/�//'/'1�0l'�'�^n'�.O //JA�t.Q '.� _Q w-C.� CLk.iY1 1> , tt i. p i i v nCG:UUIpI'" PAYh11L11 J111,Y 1975 low CitRI1;RhT� RIJIIU A & 1�, Automotivo norvlco (AIJ(111 front. T;nd) 9.50 110won Supply Co., .Inc. (off:i.co "oppl.ion) 17.50 llr.i.ce, duality Dry C100110 (I)ry Cl.eanin(t) 10.00 Clormont Auto Partin (TJght nw.itrlt, Blads I'i.tti.nfrn 1101tn, Ilutn, act.) 59.43 Clormont Ilrtrdwrard & l;ulrlrly Co, (Adoptor.n, Pitch Carl: elba, Oct) 1.5.59 Clermont Buildurn ;,uPPlY (Ilammorn, 111,OCI:n, Building rtaint.) 166.90 Clermont Marine Salon (Pi..r.nt Aid Kits & Life Rings) 43.12 Il & 11 11ifth Streat Groc. (Prince Albert & 11atchos) 3.90 Cab.le's Radiator & Auto. Clectri.c Sor.. (Exchange Starter) 20.00 Nckerd Drugs (Tapon & Polaroid 108) .17.44 1;. R. Jahna industries, Inc. (White Sand) 96.00 Gem Chemical Co. (Acrylic Floor Finish) 31.50 Greenlee, Paul & Funnas (Revenue Sharing Audit) 260.00'- Barry P. Lou, Inc. (Chain Swivel & Cold Shuts) 14.50! Hilltop Stationery (Offica Supplies) 80.76: Ilughes Supply, Inc. (Valve, Bushing, Plug & Sockets) 222.75'. Runts Garden Center, Inc. (Dog food) 9.40r _. I. B. ra. (Typewri.ter Supplies) 89.80::1._,. Inland Equipment Co. (Belt, Pump, Cap) 151.98 Jerry Jones (Tree Removal) 150.00, Jim Willis (Bolts, Washers, Clamp &RainBird) 13.95 Karl's Sales & Service (Saw Chain) 30.33 Kidders Restaurant (Prisoner (Seals) 52.20' Kuechler's fire Equipment (Fire Extinguishers & Inspections) 34.75 Kinsler Steel Co. (Saw Blade) 18.45' Mobil Oil Corp. (Gas & Oil) 69.00> Madden's Blec. Service (Install Fuse) 9.20 Morgans Auto Parts (Spark. Plug's & Motor Mount) 23.41;i Motorola Inc. (Radio Maint.) 105.50, National Recreation & Park Assoc. (Subscribtion Renewal) 10.00'< Prescott Tractor Sales, Inc. (Blades) 35.66 Office Equip Exchange, Inc. (Time Cards): 14.26 Sea -Vic Service Station (Tube) 4.00 Shelfer Ford Tractor Co. (*lower Blades) 37.02' South Lake Press (Publishing) 82.50; Southern Culvert (Culvert Pipe) 334 00 1 �• w Taylor w,unol norvi.cn, Inr.. (r1(,arlcplua) 21.75 Toxaco Inc. (Portal. 01.1) 63.00 W. L. Willoughby (Or.rnln 11orvi.ce) 456.00 Wi.lmorn llydrnulic frki vicri (Ropnl.r .Jac):) 35.00 Winter. Garden chr.ynlar.—Pl.ymcjuth, Inc.. (I'ronL Slcah, M.rap) Flood IIoatinc.l r, caoli.nq ("Ini.ntinanco ConL•ract) 3,30.00 3,054.11 ACCOUNTS PAYAOGr; JUr,Y 1.975 UTILITIES DETARTrlh Wl' B & It Sales, Inc. (PVC Pipe & Sprinkler) 990.15 46Biological Roseach Aanoc. (Sodiment Coning-Lalcon) 300.00 Clermont Auto ParLo ('totor )bunt, coupling &D'uses) 6.95 Clermont Buildors Supply (Cement & Building material) 39.96 Clermont Hardward r, Supply (Glass, Gloves & Tape) 10.27,. Chcrnc Scientific, Inc. (Thermootat.) 24.46, Hilltop Stationery (Pens & Flagging material) 6.17 Leesburg Armature Works (rotor Repair.) 9.06 .__Madden's r1ectrical Service (Installed Contact) 83.50' mid -State tlechanical, Inc. (Class 40 Pipe) 80.80. Office Equip. Exchange, Inc. (Time Cards) 14.26, Taylor Diesel Service, Inc. (Sparkplug) 23.75? Tucker's Heavy Equip. Service, Inc. (Pump Repair.) 125.73' Winter Garden Chrysler -Plymouth, Inc. (Seal) 2.10 -i dij To 1,717.10