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09-09-1975 Supporting DocumentsMINUTES N4 .11-81 iir•,cui,Aic rn"I"'U C A Regular Meeting of the City Council of the City of Clermont was hold in the Council Chambers on Tuesday, Soptombor 9, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude f. Smoak, Jr. with the: following members present: Councilmen Blackburn, Byrd and Oswalt, other officials present were: City Manager Hopkins, City Attorney Baird, Doputy Clerk Collar, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. rieMr. and Mrs. present were Sanderslla andilMayoae ir Jean Throweirryand sCouncilmen Allen Mr. and i�and Molyesch, of Minneola. 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 othe Regular i^ 1975ere eJwheld approvedsas2written and of the Special Meeting held onSeptember 2 Mayor Smoak recognized Mayor Jean Thrower and Councilmen Allen and McIye of Minneola. Mayor Thrower stated that they were appearing before Councl pertaining to the possibility of using the City of Clermont's dispatching service in connection with Minneola's police department and that they were open to any suggestions the council might have in this regard. It was consensus of Council that they were willing to cooperate with Minneola in this but that they were not prepared to offer any firm decision at this meeting and that a joint meeting of the two Councils should be scheduled to discuss the alternatives that are available to cooperate with Minneola. It was thereupon agreed to hold a joint meeting of the Councils on Thursday, September 11, 1975 at 7:30 P. M. in the office of the Clermont City Manager. Mr. Trent Busch appeared before Council in his own behalf concerning Building Permit No. 0225 for remodeling his present residence to accommodate a two car garage and a one bedroom apartment, and the Building Official's stand that he had not complied with the Southern Building Code time requirements for completion of the project. Mr. Busch stated that he was appealing to Council under Section 113.1a of the Southern Standard Building Code for a reversal of the Building Official's opinion. Both the City Manager and the Building Official gave background information on this project and it was their stand that the time lapse of the 90 day extension of the permit for finishing the project was in violation and causing a problem situation in the neighborhood because of the unsightly condition of the property. They were both willing to cooperate with Mr. Busch, but felt that the matter should be put before Council for a determination on a further extension of the building permit. Council assured Mr. Busch that they were willing to cooperate with him but wanted assurance that he would complete the project in a specified time, which he agreed to_JMotionrwasrmade..vX Councilman Blackburn, to the City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the employment of a City Controller, motion was made by Council City he nager Blackburn, seconded by Councilman Byrd and carried that ftnntrnlleirabep Regarding the installation of a timer at the tennis courts, Mayor Smoak suggested that City Manager Hopkins look into the city purchasing the timer directly from a supplier and having it installed by an electirican. MINUTES M 11,99, With regards the City hall sign, Mayor Smoak advised that Mr. Marvin Styles had advised him the city's correspondence regarding the tennis courts had been misplaced, but that he would bring the matter to the school board's attention at their next meeting; that he felt some arrange- ments could and would be made to complete the courts. He asked the City to participate, as such time as the school board has defini*e plans and finances to complete the courts, in either textured finishing, lighting or some completion of the courts. lie will be in further touch with the city. Concerning the Local Comprehensive Planning Act passed by the State Legislature in 1975, Mayor Smoak stated that this act is rather extensive in its requirements and that each county and municipality must develop a comprehensive act to be in force by July 1, 1979; that as President of the Lake County League of Cities he is calling a meeting for September 25, 1975 at 1:30 P. M. to be held in the Bank of Mt Dora's community room to review the act. He further stated it was his intention to invite a representative of the Department of Community Services, local state officials and representatives of each of the Lake County communities to participate in the discussion. Mayor Smoak asked each council member to familiarize himself with the act and at the next Council meeting set a work session to review it. City Manager Hopkins commented that he had attended a workshop session put on by the East Central Florida Regional Planning Council in which the act was reviewed and that he would furnish Council members with material he brought from this meeting. He also suggested that since the State Department of Administration, Division of Planning is the state agency going to be responsible for the implementation of the act it might be well to consider inviting a representative of this agency to the September 25th meeting. Upon inquiry of Councilman Blackburn regarding a meeting of the Minneola-Clermont Committee of the Land Use Plan with the county, Mayor Smoak advised that the Lake County Planning Department has almost completed a land use survey within the two municipalities and as soon as that is completed they will call an organizational meeting. Mayor Smoak reported that he and the City Manager had attended a Library Board meeting on September 8th and that some of the board members had the feeling the city felt they were not doing a proper job. The Mayor thought this was a mis- interpretation brought about from some newspaper articles that were not clear but that this feeling has been removed; that the library board was very appreciative of the paint job and other things the city has done for them. Motiothn was made by Councilman Oswalt seconded by Councilman Byrd, and carried that e bills be paid. City Manager Hopkins reviewed a memo to Council dated September 5, 1975 (copy attached) concerning his meeting with Mr. and Mrs. D. M. McCaffrey on street improvements to Millholland Street and at which meeting the McCaffreys were most emphatic in the postion that the property be used for a street and no other purpose; that they will not be required to share in cost of construction; that they are not interested in a cash settlement, and want assurance that their position will be honored in the future. Following discussion of the question of whether the City is obligated to honor the commitment made by a former City Manager, and whether the street improvement should be made, the City Attorney was requested to formulate the legal alternatives open to the city and submit them in writing to Council for consideration at the next meeting. City Manager Hopkins was MINUTES hn 1183 requested to advise Mr. and Mrs. McCaffrey of council's action at this meeting and that: they will be notified as soon as official action is taken. In a memo to City Council, City Manager Hopkins advised regarding the closing of a portion of Carroll Street between West Lake Drive and the west boundary of Government Lot 8 agreed to by Council at their meeting on April h, 1975 subject to a survcyshowing exact location of existing sanitary sower facilities; that the survey had been received and he recommended the City Attorney be authorized to proceed with the necessary ordinance to permanently close and abandon Carroll Street between West Lake Drive and the west boundary line of Government Lot 8 and that the city retain a thirty (30) foot wide easement, fifteen (15) feet either side of the center line. Motion was made by Councilman Oswalt that the City Mananer's recommendation that tier —City ttA ornev Te instruct motion was seconded by councliman Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA ADOPTING THE GENERAL OPERATIONS 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; PROVIDING FOR PUBLICATION and the ORDINANCE was read by Mayor Smoak for a first reading by title only. In discussion of the General Operations Budget, Mayor Smoak stated there were two items he felt should not be included in the budget and that he could not vote for the budget if these items remained. The first item is the $300.00 budgeted for the South Lake Neighborhood Center, which he felt supplied a worthwhile need, but also felt the city should not be directly involved in welfare programs. The second item is for the $7500 for a dump truck, as he felt the use of that particular piece of equipment does not justify the capital investment when you can buy dump truck loads of dirt for $20.00 and get 10 yards of sand delivered. Upon inquiry of Councilman Blackburn as to the State Attorney's opinion regarding the giving of funds by the city to the Chamber of Commerce, City Attorney Baird advised that he had not yet had an opportunity to read the entire opinion, but that from excerpts he had read he felt the opinion deals solely with Chambers of Commerce not called for in a City Charter and therefore Clermont is not covered in that opinion, but that he will report to Council at such time as he had read the entire opinion. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION and the ORDINANCE was read by Mayor Smoak by title only. Mayor Smoak questioned the adoption of the ordinance covering the General Operations Budget within seven days from its second reading, when the city ordinance calls for a thirty day period. City Manager Hopkins explained that the Home Rule Act provides 10 days unless otherwise specified and that the Home Rule supersedes the local charter; that the date was changed to 7 days to make the adoption of the ordinance coincide with the fiscal year, but that if in error he will stand corrected. Mayor Smoak stated council had voted to let the 30 days required by the charter stand, that he had no objection to the seven days, but did not want it questioned at some later date. Attorney Baird advised that there must be an ordinance on the books to allow any deviation from the Home Rule Act. Mayor MINUTES NP 11.84 Smoak requested the City Manager and City Attorney to resolve this question between the first and second readings of the ordinance. Regarding information from DOT concerning the reduction of the speed limit on Highwy atld Lakes bile Park, statedv�hech had agreedbeen withrDOTested by the stand for nEmerald not reducing the speed limit and that he would be in favor of a little more rigid enforcement of the present speed limit. Mayor Smook advised Council they had been invited to participate in a United Hay Parade in Leesburg on September 20th and upon ascertaining that no one planned on participating, he requested City Manager Hopkins to so advise the executive director of the organization and thank him for the invitation. Councilman Blackburn stated that he agreed with Mr. Byrd's views on control of traffic on Highway 50. The meeting was adjourned at 8: 55 P. M. by Mayor Smoak. E. Smoakk Claude > Jr L�'1� M. Dollar, Deputy Clerk ACCOU]TV5 PAYAMJl', t3GT'fL741'.l7i 197 OrJFRAL FU1TD Ar'matroW, `rnt.th Paintn (Troff.Io Paint) r" 5.92 Bursa of Pusinono Practi,oe (Pontor) 13.71 Bob Wado Ford, Inc. (Vratl.lcl.(j Relxlir' Pr>rt'n) 33.07 Pennatt•'n 'i'r'uols Equip, , Inc. ('I'ruolt Repuar Prsa'tn) 11,60 Clermont Auto Parts, Inc. (Veh.t.o'Ir-r & Fq.111) Pavtn) 38.96 Cants]. Speci.aairstr Ca. Pasl.ls s ( ) 16.20 2.46 6 Clermont Marina (Lower Unit TAat)., Pcat Rlug) Cal Hogatromn (Copyntnt Matot"fal,n) 2111.20 Clermont lltudwaPe & Supply Co. ('7itltov Cooler' I''i.J.uWs,t;aw & I.SLalI4'I{, Cut) 58.25 Credit Bureau of Eusti«s (Bua:ht.tn) 18.00 587.36 Clermont Builders Supply, Inc. (Bldir. Maint. & Concrote) Central Industral Salco, Inc. (V-Beltrs) 28.50 D & B 5th Street Grocery (Prisinorn upplics) BAG Engels (Police Uniforms) 165.80 Eckerd Drugs (Gloves, Batt., Flim & Flascubes) 18.39 F & R Office Supply, Inc. (Office Supplies) 110.05 Flower Pair Florist (Arvotiont) 7.50 Gram -Jones (Jamitorial Supplier) 195.50 Hilltop Stationary (Office Supplies) 56.91 Hovis and Baird (Legal Work) 137.50 Hunts Garden Center, Inc. (Insect Spray & Dog rood) 20.28 (Energency Lights - Jenkins Bldg.) 195.00 `. Hughes Supply International Business Mach. Corp. (Typewritter Ribbon, Film & Tape) 84.64 r'- Jim Willis Hardware & Supply (Chain, Hooks & Cord) 30.40 Jerry Jones (Tree Renoveal) 200.00 Lake Apopka Nat. Gas District (Utilities) 25.00 Lakeland Batteries (Batteries & Terminals) 51.65 Motorola Inc. (Radio Maintenance) 105.50,r John Lamb Chevrolet, Inc. (Switch) 1.16 - Mobil Oil Corp. (Petroleum Products) 1,209.73 Nolan Engine & Mower (Keys, Mower Blade & Clutch) 17.50 Sears Roebuck & Co. (Clamps) 17.40-1 Standard Auto Parts (Auto & Equip Parts) 65.18 South Lake Press (Advertising & Publications) 56.59 Sea -Vic Service Station (Tubes) 6.35 .` Valbro Business Forms, Inc. (Office Supplies) 10.33 > Winter Garden Chry-Ply, Inc. (Pads &Regulators) 64.43 Zoning Bulletin (Subscription) 22.50 3,842.12 ACCOUIii 3 PAYAP Is' 9PTfl-,7C R 1975 ' U'i�II,1'i'1T7 nr:,Pnrt'irnrr�rr Clormont Auto Parta (Vohiclo Repair Par -Us) 36.24 Clermont ILlydwnro card supply (R.1ee. tope) 3.76 Rrvia Motor & Supply Div. (Motcrn) 307.00 IIulrlroa Supply (Pipe & Pi.ttinvO 61.911 Hilltop Stationary (Office SupplJOrs) 3.8.63 Jinn wi.3.1is JVodwru•o and Supply (!lose Bibs) 5.58 Kucchlor'a Fire Ilkluip (Inspection & Fire Gxti.ru;uioherrs) 17.50 raddena Electrical Ser. (I,:Lft Station On.r. :Jorvi.co) 30.50 'ruckerIa Heavy Ujuip Sur., Inc. (Pearlry o, Bushings & Rebuild PUMP) 153.21 Standard Auto Parts, Inc. (Gasket, P1urr wires, & CRC) 27.52 , SOUS Inc. (Valves) 22.58 Dawkins & Associates, Inc. Seminole Well 8396.61