12-23-1975 Supporting DocumentsMINUTE'S Fyn 1220 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was hold in the Council Chambers on Tuesday, December 23, 1975. 'rho meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Oswalt, Byrd, Srhroedel, and Blackburn. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Conununity, Services Smythe, Finance Director DeDier, and Chief of Police Tyndal. Others present were: The Messrs. Wade, Crowson, Czech, Waters, Ekiert, VanderMeer, Olivenbaum, Coxe, Watson, Sargent, Dougherty, and Symmes. The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting held December 16, 1975 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request of Bob Wade for a Variance to Section 26-25 (D) (e) (1) of the Zoning Ordinance (HEIGHT OF GROUND SIGNS) in order to place a sign in the front of Bob Wade Ford which would exceed the overall height limitation for ground signs by five feet. Mr. Wade appeared before Council in behalf of his request and advised as follows: That the proposed sign was the standard sign as manufactured by the Ford Motor Company advertising Ford agencies; That it had been necessary to order the sign some months previously in order to have it placed at time of his proposed Grand Opening in the new location; That at the time the order was placed, the proposed location for the sign was outside the corporate limits of Clermont thereby coming under the Lake County rules and regulations which permit such sized sign, but prior to delivery of the sign, his property, which had been at his request, was annexed to the city where existing rules for ground signs prohibit such sized sign; and, That in order to comply with the city's regulations, the sign would have to be returned to the factory for alternations thereby creating a hardship both financially and time wise. He further advised that he had thought his construction would have been completed prior to the effective date of his request for annexation, which would have been acceptable in all phases with the county's regulations. Council was in agreement that this was a unique situation creating a hardship. Mayor Smoak inquired if there be any objection from the floor, and there was none, whereupon motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the request be grante . Mayor Smoak commended Mr. Wade on the excellent coordinated and highly successful Xmas Parach held recently, sponsored by the Chamber of Commerce and chairmaned by he and Mrs. Wade. Mayor Smoak announced the next order of business to be a Public Hearing to consider request by Donald H. Coxe for a Variance to Section 26-21(R-1 URBAN RESIDENTIAL DISTRICT (E) (3) SETBACKS) of the Zoning Ordinance in order to construct an addition to his residence located on Lot 11 of Block A of Edgewood Place Subdivision. Mr. Coxe appeared before Council in behalf of his request and advised as follows: That in order to construct an addition on the rear of his residence for needed additional living area, it would be necessary to penetrate twelve feet into the rear yard setback; That the rear side of his residence was the only logical side for an addition inasmuch as bedrooms and a garage were in the front of the building; That a reverse in the floor plan of the building had been made by the builder without his knowledge or approval prior to construction which created the existing situation; and, That he had previously submitted written consent of his proposed addition by the immediate abutting property owners to the east and west. Council was sympathetic with the problem as presented by Mr. Coxe, but advised him that the required set- backs were existing at the time he purchased the property and no changes had been MINUTES M 1221 made by the city in that location since that time, The possibility of future problems being created should the existing grove property abutting Mr. Coxe's residence to the roar be sold for development which could result in side yard setbacks abutting to the rear yard setbacks of Fd9owood Place Subdivision leaving only a few feet between the oar of one house to tiro side of the other house if variances were granted to the granted to the rear yard setback as requested by Mr. Coxe, was discussed at length by Council. Inasmuch as Edgewood Place Subdivision is a now subdivision, it was also consensus of Council that many other homes constructed there had rear yard areas of like size to Mr. Coxe, and if one such variance was granted, there would be many more requests. Council inquired of Mr. Coxe if his problem could be eliminated by the granting of a front yard setback variance, extending the garage to the front and utilizing the rear portion of tire existing garage for his proposed addition. Mr. Coxe advised that this would not be feasible inasmuch as the rear portion of the garage contained the major plumbing. It was the determination of Council that a real hardship (lid not exist, wherou on motion was made b Councilman ni. i,hiivn. cnrnndnd by Councilman Oswalt and unan pious y Carr e tat the request Mayor Smoak announced the next order of business to be a Public Hearing to consider request of J. M. VanderMeer, Trustee, and Axel Olivenbaum for the zoning from R-2 to C-2 the property described as Lots 1 thru 9, the East !; of Lot 10, Lots 13 thru 17, Lots 24 thru 28; all in Fairview Place Subdivision, and The East 85' of the North 260' of that part of Lots 13 and 14 in Block "V". Mr. VanderMeer appeared before Council in behalf of this request and advised as follows: That the proposed use of the property is for construction of a bank and other commercial uses along the line of professional offices, at such time as the need develops; That the proposed rezoning would not be detrimental to abutting zoning; That the area would be well buffered from all abutting properties on the east, south, and north sides, and, That access to the property would not present a traffic hazard as now exists along State Road #50. Considerable discussion and study of a map of this area was given by Council at which time it was suggested there was a possibility existing that the lots abutting this property on the south, though presently owned by Messrs. VanderMeer, Trustee, and Olivenbaum which are zoned R1A, would be sold for development thus creating an undesirable situation of C-2 zoning abutting R1A zoning, should the property be rezoned as requested. Mayor Smoak inquired if there be anyone present who desired to speak regarding the request. Mr. Henry Czech appeared before Council in opposition to the request for rezoning, advising that his was the single dissenting vote at the time the Planning and Zoning Commission considered this matter and voted in approval of the request by 5 to 1, and explained his position as follows: That inasmuch as there is a proposed use for immediate utilization of a portion of the property, a bank, but no other specifics mentioned other than "other" commercial uses as the need develops", a rezoning of the property would allow all the permissibles under C-2 zoning of which he enumerated a few of them as bus terminals, taxi stands, dry cleaning establishments, theatres, including drive-ins, hotels, motels, used car sales and even the repairs of automobiles; That it would certainly not be compatible zoning to have a C-2 zone abutting one of R1A; that upon consideration by the Planning and Zoning Commission of a request by Mr. VanderMeer for the rezoning of this property which he made last September, it had been the consensus of the Commission at that time that the proposed use of the property should be applied for under a PUD or CUP and that Mr. VanderMeer then withdrew his request; That upon his inquiry of Mr. VanderMeer following the recent P & Z meeting if the property owners were still in a position that they could not request use of the property by either PUD or CUP, he had advised that under present economic conditions they didn't know when or what they could do; That it would mean the removal of prime R-2 residential zoning; That the present property owners, being business men, would be foolish not to dipose of the property if the right opportunity arose, and if such transaction did take place, this large parcel of property would be available for all uses permissible in a C-2 zone which he queried would be fair to the citizens MINU'IEN m 1222 of Clermont; Tha tit was his understanding that in the proposed reconstructioil of Highway #50, the existing right-of-way in that area would include a sidewalk and he desired that Council visualize Highway #50 at that location as a widened road, a sidewalk permitting people to walk, directly opposite a gasoline service station, no buffer in the middle of the street, traffic existing both left and right as well as directly across, which he felt would be extremely hazardous and not representative of the wishes of all of the people in Clermont; and, That he did not feel Council should consider the rezoning of the property to accommodate a bank because it would be the rezoning of a total large percel of property. There was on one else present who requested to address the Council regarding the matter. Council was in agreeiaent that all pertinent precautions had been taken with regards protection of abutting property owners, that the major commercial shopping area of Clermont was now located in that area of the city, but that consideration should be given for possible future change in ownership of the R1A property immediately to the south. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel an carr e_ ,tat the property be rezoned as requested Mayor Smoak announced the next order of business to be a Public Hearing to consider .......... request of J. M. VanderMeer, Trustee, for the closing and permanently aban ong of Hill Street, from Disston Avenue to Strickling Street. Mr. VanderMeer appeared before Council in behalf of this request and advised they were the owners of the property on both sides of the street. Mayor Smoak inquired if there be anyone present who desire to be heard regarding this tter, and there were none. Motion was made by Councilman Oswalt,_ seconded by Councmailman Byrd and carried that Mayor Smoak announced the Public Hearing would continue to consider the request of J. M. VanderMeer, Trustee, for the closing and permanently abandoning of Carrie Street, from Minnehaha Avenue to Hill Street. Mr. VanderMeer advised Council that they were the owners of the property on both sides of the street. Motion was made by Councilman Blackburn seconded by Councilman Byrd and carried that the request be granted. Councilman Oswalt voted Naye on passage of the motion, inasmuch as a portion of this street is not within the confines of the proposed development area that Council previously voted to change the zoning of. Mr. R. W. Waters, Chairman of the Bicentennial Committee, apeared before Council to report on the Committee's progress, today. He advised that a representative from the schools, churches, veterans organizations, youth groups, tourist clubs, professional officies, utilities offices, merchants, womans clubs, mens clubs, U. S. Government, recreation clubs, City of Clermont, and Town of Minneola , had been appointed to the Committee; That the members would be collecting memorabilia from each of these organizations for sealing in a Time Capsule to be opened during the country's Tri-centennial celebration in 2076; That it was their suggestion to obtain a time capsule of 2 square feet, 18" high with a bronze plaque denoting the date, and to be placed in the Center Lake area; That it had been proposed that the Veterans Organizations would sponsor a parade on July 4th preceding a flag pageant to be performed by youth of the area t the time capsule site and just immediately prior to sealing of the capsule; and, That the committee would continue to seet on the 4th Monday of each month, and they would encourage that members of the Council meet with them for their ideas and suggestions. MINUTHS N4 1223 City Manager Hopkins submitted his regular written report, and a copy is attached hereto. City Manager Hopkins orally reported that notification had been received that the Farmers Home Administration has approved the contracts submitted to them for approval following the approval by City Council, that the letter had been forwarded to the engineers for their review, and that it was anticipated the contracts would soon be forthcoming for Caluncil's approval and execution. Ile further reported he was hopeful of meeting the 60 clay deadline in terms of award, January 13th being the last day of the 60 day period, re any aicitytcharter8berd reported incorporatedhat intotatrevisedtes charteribefoiretforwardinamendments 0 toth Secretary of State for filing and he therefore would need time to have the entire revised chater typed, but anticipated having it ready by January 1st. He further reported the new charter would take effect on date of filing. With regards The Lake Improvement Committee, Mayor Smoak advised a communication had been received from City Attorney Baird setting forth the manner of funding and expending of monies for such project, which he was forwarding to the City Manager and Finance Director. With the same regards, City Manager Hopkins advised that a check had been received this date in the amount of $500.00 from the Donald D. and Margaret B. Horton memorial fund for the purpose of designating a grant for scientific research project on water pollution of Clermont Lakes to aid in funding project for construction of catch basin which is designed to filter run-off water before entering lakes. Finance Director DeDier reported that tax monies had been coming in real well, and that the cash flow was in excellent shape at this time. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the bills be paid. City Manager Hopkins reported that a single bid had been received for the Building Official's car from Bob Wade Ford 0 $3,786.43, and that he recommended that Bob Wade Ford be awarded the bid. Motion was made by Councilman Oswalt, seconded by Councilman Byrd and carried that the recommendation of the City Manager be accepted. City Attorney Baird had been requested to prepare an ordinance regarding skateboard OFdORDINANCES OF THE SCITY dOFtCLERMONT, LAKE this time. NCOUNTY, FLORIDA, PROHIBITING EMEGENCY ORDINANCE UNDER THE ODE THE RIDING OF SKATEBOARDS ON THE STREETS, ALLEYS, PUBLIC PARKS, OR PARKING LOTS OPEN TO THE USE OF THE GENERAL PUBLIC: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. The Ordinance was read in its entirety by City Clerk Carroll for a first reading. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the Ordinance be adopted. Councilman Byrd voted Naye on passage of the motion. During discussion prior to second and final reading of the ordinance, Mr. Tom Dougherty addressed the Council from the floor in opposition to passage of such and ordinance inasmuch as he felt all local youths would be penalized, and advising that there were very few suitable private home driveways in the city on which the youth could skateboard. Councilman Byrd was in agree,emt. with Mr. Dougherty. Mayor Smoak advised the emergency ordinance would expire in 61 days, and that it was hoped the reported problems with skateboard will have been eliminated by that time and a permanent such ordinance would not be necessary. Mayor Smoak read the EMERGENCY ORDINANCE for a second and final reading, by title only, whereupon motion was made by Councilman Oswalt and seconded by Councilman Schroedel that the ORDINANCE be adopted. Upon rollcall.vote on passage of the motion, the result was: Ayes: Oswalt, Schroedel, Blackburn, and Smoak. Total Ayes: Four. Nayes: Byrd. So the ORDINANCE was adopted and the Number 143-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF FFORAOFF-SITEASOIGNS, PROVIDING FORNON-SITEESIGNS, PROVIDING FORKCERTIFICATESPOFVIDING MINUTES V 1224 OCCUPANCY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only. Upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. To the ORDINANCE was adopted and the Number 141-C assigned to it. Councilman Oswalt offered and moved the adoption of 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: PROVIDING FOR SWIMMING POOL AND PATIO REGULATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILI-TY: PROVIDING AN EFFECTIVE DATC•: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only. Upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd, Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 142-C assigned to it. With mixed emotions, City Manager Hopkins submitted his resignation as City Manager to the Council effective the close of business on Friday, February 6, 1976. He expressed Thanks to the Council, the city employees, and the citizens of Clermont for their support, cooperation, and assistance during his five years of serving as city manager. Speaking in behalf of Council, Mayor Smoak replied that it had been a pleasure to have Mr. Hopkins as the executive officer of the City of Clermont, that he felt the many programs innovated by Mr. Hopkins while serving as City Manager would stay with us and continue to be an asset to the citizens of Clermont, and that Council extended the very best wishes for his success. The meeting was adjourned by Mayor Smoak at 9:55 P. M. yy Claude E. Smoak, JT,. Dolores W. Carroll, City Clerk 0 AC^OIINTS PAYAOI , DECEMBER 3,975 ORNRRAL FUND Grant Rantaurnnt (Prisoner Moils) 34,00 7.00 Clermont Stroll (Wnuh Car.n-Chrintmnn Pnrnda) Clements' (Pant Control) 9.00 x 18.50 1?d & Clairo'n Rantaurnnt (Prinonor Mualn) 14.60 relcord Drugn (Bnttiern, Tape, & film) 10.00 Florida Firochiefn Annoc. (Annual Memberohip) 1,366.63 Jan 11. MatthuWn (Niche Dank) 15.00 (Chriatmao True-Jcnkina Auditorium) J. It. Tryon 10.35 Katch-All Company (Cable) 31.18 (Conformable Prea-on-Step) Kofflor 102.50 Lake Communication Sur. (Radio Maint)162.00 Leonard'a (Clothes-M. Ropers) 574.49 Publix Food Gift Certif. (Gift Certificates) 105.50 Motorola Inc. Rao Maint) (di 1G7.68 Morgan's Auto Parts (Auto Parts & Maint) 1,167.68 I 59 Mobil Oil Corp (Petroleum Products) 19.95 19 Neisncr Brothers of Clermont (Anti-rreeze) 562 (Annual Municipal:Judge Conference) Municipal Court 3..9.97 Sears, Roebuck & Co. (Cotton Duck Tarps) 500 Jean Winston (Lettering -Vol Firemen) 260.00 d Heatin & Cooling Woo g (Monthly Maint) 22.50 Zoning Bulletin (Annual Subscription) 4,821.27 ; UTILITIES DEPARTMENT 20.00 Davis Water & Waste Indus. (Meter Packing & Washers) 35.17 Moffatt Bearings Co. (Bearings) 64.43 Morgan's Auto Parts (Auto Repair & Maint) Chemical Analysis) 97.0 Orlando Lab. Inc. ( .50 Sta-Con Inc. (Alternators) 252.10 � ail!/ rt� (��ra•rr)nrll ar I Wmd Onlu Plnn� ■ Clurmma, flurldo 921i1 ■ Phnnni (004) D-1,3141 LEGAL. NOTICE Pursuant to State Law notice is hereby given that the City Council sitting as a Board of Adjustment will hold a Public Hearing in the Council Chambers located on the corner of West Avenue and DeSoto Street on Tuesday, December 23, 1975 at 7:30 P. M. for the following purpose: To consider ra )uest of Bob 4Iade Ford for a Variance to Section 26-25-M (e)(1) of the Zoning Ordinance (HEIGHT OF GROUND SIGNS) General Location Description: Tract 23, Section 29, Township 22 South, Range 26 East, according to the Lake Highlands Plat County, dFloridatlesskrightage 26, of way forrlic Statecords of Lake in Road 50, All interested parties will be given an opportunity to express their views on the above mentioned matter. R. M. Hopkins, City Manager City of Clermont, Florida December 18, 1975 L "on i"Arido t I I f 4y o ! .0111, r 1()l- W,I 0 1 iN-Oby /0 ".0-0 0 3wit's 1,11w of Adr. 1 v, tud ye!; A 0 i!n dr,WO 'fi;! ;4nd strect 1w.nMori, 'IvO';'ibl) rj',' A 1;,"Awl iji' (,n, HO, k., i/m h.;!rOw �1; 10M, ;i3d C01(tidm-� ox! tilt? �Ia 1 1,; q); xv.ta; tl'!,�Oxicld CO�.'� p1jin lic n t;lc five 111,11t3 urd�ll-,.);��. ��i I(II n t Ve'l til furthor Cutify tilat ah CCTI.- (!III" with be 111c' (";C-" Lei !a- 1, City of CI cl i,isp!!i.tEd by Cir.,, ;-,.It Ic(I of aplwll i I .-a L fl dif, City) �a4 I ) bc p0% I�f - on ijlc !;truct. z��,t - E4 0 -( ag f�c s J 1 c. w l,1, i s ill pt idli'i not :itat" !!Ud, I C; I I 11r-- 1; Imcil ulAf, ?1(� d I)y f.lof r;-Ioar Cortl fy tho.t !v lot to (Jxv or ", his ox-,Onsp-ctj 0iA et fol Zell pl, FRMIT HIS: . ...... 13,uud Upon t"Ic a.o i;ld !;ubJvct to ov, crdinalic'.,; tho sign u�,(; !Irj; ov"lillaflu.; Ft") City Cl ennicrlt 1: lorida , bo-Ing st-ricil y C 01* T11C t;i.'l I.vlu n Inc( h i it r,ilnrl: n ;',/ u �:* In tUwi maount Of $P5.00 r licat..on to your Board for ;r1th tr.1lcr 'rrt;;, n darisiou cui.,s.cl .-; ',hc. LullciinrJ 0fi'lclal of the City of Clervon " whorebq ? ;. 1•'4(1,;c!: hr,thnission. to Add to ( ) , Al tr-t' ( ) > Cons i:ruct (�) , Move �utd P1 acra aA)S Fir, ' _, Subdivision in the Cii;,/ of C1ornout, Florida.,.. The rc;ason given by thr>. 0ui1d1,19 Official for the decision in refusing to issue a build'litg permit. Is P�y appeal to you,- board is iw.sed on my contention that: this decision creates a hardship on me 'eor the folloeainy reason,.c > iA1 C NLT� oT A 71.lb Iq c it ,u 1) 111 C-A) s (w H r C rl M%-Y-T- eov N 01 b r o A 0 c r3S� % 7W,,,V/ o vs 7Z, %7 x fl ,v U e-kA i7 o A) j p i?fz C!'77 : 7%`r /G us b-j r: E 01—" t- l'� U rJ ' 3T>, lb v Q ry 4D)U)/.T"(-i C. a/cuC<-- WG /4-AUC 6-sq"d,r JDEA AMQ)q---, F-027A•GS` .5/ GAL-5 W C-- AJo u L/) T3 [-' u u D C-zt_ N".o W VQ-A� IbLY I114-A a)-q iP P / F' 70- tS Or�tAll neresary flout,plans- peso t ans and/ocher perLMnen�9, u,m 1on- rAWAx5. nW'i. are attacheii hereto. Variance Application must br; filed with the City Clerk no later than 5:00 P. M, on Friday, t:ilo (2) rteeks prior to the Council meeting at which the Varlanco will be considered. Dated 121- _2 Z? Very truly yours, (1/75) Gill/ 4 ���r�ivluull n I Want Onla Plntn ■ Clnananl, I'Inndn :)7111 ■ Phena; (non) 304.3141 I,H,A1, NII'I'1CH Pursuant to Stnto Law notice in hereby given that Council sitting as a Board of Adjustment the laity in the Cnuneil Chnmbers will hold it lublic Hearing located on the corner of WAenuo and Desotoest v Streets on 'I'uesdny, Ileeember 23, I975 tit 7:311 P.M. for the following purpose: S, 7'o consider It request by Donald 11- Coxe for a Variance to Section 26-21 (R-1 URBAN Im SIDRNTIN, DISTRICT (F) (3) SETBACKS) of the Zoning Ordinance in ardor to construct an addition to his residence located on Lot 11 of Block A of Edgowood place Subdivision (310 Crestview Drive). All interested parties will be given an opportunity to express their views an the above mentioned matter. R.M.Ilopkins, City Mnaager City of Clermont, Florida FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY To TIIL•` 7.OilIMh OOARD OF N;JUSTMUI or 111G C1'f1j' 0r' CL.hit�t011'f, FLORIDA Gentlomen: llavinsl posted the necessary appeal fee in tine amount of $25.00 with the) 061 clerk, 7 hereby mare application to your Board for rolief from a decision rendered by the Building Official of the City of Clermont, irhereby t was refused ponnission to Repair ( ), Add to ( x), Alter ( ), Construct ( ), Move and Place ( ), a building on totts 111ock _ A Subdivision +A_ 6Ilgewood final, In the City of C'lersnont, Florida„ The reason given by the Building Official for the decision in refusing to issue a building permit 'is door, not conEonn to rear ynrd setbnek. Q µiv i'iy appeal to your Board is based on rqy contention that this decision creates a hardship or,, me for t'he following reason, or reasons Need more sq. Et. of living area to meet my famlly's needs. All necossary floor plans, plot plans, and other pertinent information are attached hereto. Variance Application must be filed with the City Clerk no later than 5:00 P. 1SL on Fridra,y, two (2) creeks prior to the Council meeting at which the Variance will be considered. Dated Very truly yours, (1175) 7 1I 'Ij'ITt I. `If.. �'1• I li • U I- �� 1 i -�i>.: hl_ "i��_llt.d![�1 ;'., ':L:. 17r�-t_. /.•�. C?o'.".yam �``-3J 1;: �'i :; AM too hoWN ! « CON, lrc�, s r � OE D. Ao"t .. 1.. [ CITY MANAGER'S REPORT 23 December 1975 IIOSPITALIZATION INSURANCE At the December 9, 1975 Council meeting wo advised that Blue Cross -Blue Shield hospitalization insurance rates were increasing In January. In view of the tremendous increase (Employee - $4.55, Family - $11.77) and the concern of the employees, it is our plan to solicit quotations from other insurance companies for comparative purposes. After receiving the quotations, we can determine if lower rates are available from other companiec. We can decide whether to receive, sealed bids.at that time. Council concurrence is requested. 11/)VIN M%W111) ♦ITnnlipfn AT LAW I Wr tl1nA 11; U, ArA n111- 111.1111DIONW, Y1.1111MA OuTIl Decamhor 19, 1975 -15 Robert M. Ilopl(J.nn City Manager, City of Clermont I lienrgnto I'Jnzn nrlvo Clermont, Plorldn 1271.1 RE: AMENDMENTS TO CITY CHARTER Dear Mr. Hopkins: Chapter 166.031 of the rlorida Statutes outlines the procedure to be followed regarding amendments to municipal charters. According to the Statute, the amendments are to be incorporated into the Charter and the revised Charter 1, to be filed with the Department of State at which time the revised Charter shall take effect. It therefore appears that I will have to retype the Charter incorporating the now amendments and forward this to the Secretary of State for filing. 1 antici- pate having the revised Charter completed and filed prior to ,January 1 so that the now Charter can take effect by then. The Statute on charter amendments also provides that the municipalities shall by ordinance redefine its boundaries to include those lands annexed and shall file said redefinition with the Department of State at which time the redefini- tion shall take effect. As soon as I have prepared the ordinance redefining the boundaries, I will forward it to you for presentation to the Council Very truly yours, LEOTARD 11. SAIRD, .1R. City Attorney LHR/hmb CC: City Council.0 City ClerkV Finance Director NN�PvrH .►vtt MAnttet> nnoml,:vn nr ,.nw i wenrner r. r•,.ntn i.nrrt: /11.1711 DI II V'h 4'1./111111\ IIY711 December 19, 1975 RECr.:lvrn C c" M1 7 ,97!5 Robert M. Hopkins City Manager, City of Clermont 1 I•lestgate Plana Drive Clermont, Florida 32711 RE: LAKi:9 IMPROVEMENT COMMITTEE Dear Mr. Hopkins: pursuant to the request of Mayor Smoak, I have researched the question of: the Clermont: Lakes Improvement Committee, funds budgeted for the committee and grants to the committee in view of the new Charter and the general appllcablo law. The new Charter grants specific authority to the Mayor to appoLnt advi- -- spry committees and coordinate their work. I would therefore recommend that the Mayor reappoint the Lakes Improvement- Committee after the new Charter takes ef- fect and redefine its specific function. The Supreme Court has consistently held that if public monies are distributed to a non governmental entity, there must be a "clearly identified and concrete public purpose as the primary objec- tive and a reasonable expectation that such purpose will be substantially and effectively accomplished". The courts also look to retention of control of the funds allocated by the city. 'There are attorney general opinl.ons to the effect that It is ne•cevsary for the municlpalliy to retain some control over the funds so that there is a reasonable expectation that the public purpose wiLl be subs- tantially and effectively accomplished. I see no problem with budgeting funds for the committee in view of this existence to serve a public purpose. However, I would recommend that grants to the commit- tee from other organizations be given directly to the committee in lieu of the City. Very truly yours, LEONARD Il. UAICD, JR, P City Attorney LME / hmh CC: City Council City Clerk Finance Director December 15, 1975 City or Clarmont Clermont, Florida 72711. RE: DONALD D. HORTON AND MARCARET B. HORTON MINOU AL FUND Margaret B. Horton, now deceased, created a trust by Will in which the income from such tru:at would be distributed annually to religious, charitable, educa- tional and scientific organizations in such amounts as directed by the Clermont Kiwanis Club in the name of her husband, Donald D. Horton, also deceased, and her:;elf. Clermont Ki.wanla Club has directed that the enclosed check be made - payable to you for the purpose expressed. Therefore, as Trustee of the Memorial Find created by Mrs. Horton's Will, I ac pleased to enclose check payable to City of Clermont in the amount of $500.00 for the purpose of designating a grant for scientific research project on water pollution of Clermont Lakes to aid in funding project for construction of catch basin which is designed to filter run-off water before entering Laker. Please advise me at the above address when the enclosed check has been used for the purpose for which it is enclosed so that my records will be complete in the event of Internal Rcvenuo audit. l D W.. SCALDWELL ' Trustee of the Donald D. Ilorton and Margaret B. Horton Memorial Fund RWC/bb Enclosure TO: City Council FRO14: City Manager SUBRCT: Bids - Building Official's Car DATr.: Dccomber 19, 1975 At 2 P. M. on Thursday. December 18, 1975 bids were opened for a 1976 four door sedan. Bob Wado Ford of Clermont was the only bidder with a bid as follows: Price of Car $ 4,525.00 Trade -In _ 738.67 Delivered 3,786.43 it is recommended that Bob Wade Ford be awarded the bid. The budget alloc tion was ns cc: Citv Clerk - Agenda 12/23/75 Finance Director building official ��ilr/ r,��::��ra•n)rn)I 7a I Wont autn Plniu + Clormunt, 1'loilda 92.711 ■ Phono: (004) 004.0141 December 19, 1976 Mayor Claude E. Smoak, Jr, and Members of the City Council It is with mixed emotions that I hereby submit my resignation as City Manager of Clermont effective the close of business Friday, February 6, 1976'. The past five years as City Manager have been challenging and rewarding as well as personally and professionally fulfilling. An opportunity has presented itself in the form of the City Manager's position in Weslaco, Texas - a Rio Grande Valley city of 18,000 population. I want to thank the City Council, the city employees and the citizens of Clermont for their cooperation, their assistance and their support. S. l o ert M. Hop ki FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY MINUTE'S M) 1225 SPECIAL MEETING A Special Meeting of the City Council was hold in the office of the City Manager on Monday, December 29, 1975. The meeting was called by Mayor Claude_ E. Smoak, Jr., and Councilmen Schroedel and Blackburn at 5:15 P. M. with regards vacancy created by the resignation of City Manager Hopkins to become effective February 6, 1976. City Manager Hopkins was also present. This meeting immediately followed a work session of Council with officials of Florida Department of Environmental Regulation and The Lake County Department of Pollution Control. The meeting was adjourned by Mayor Smoak at 5:25 P. M. Claude E. Smoa c, or. DoIor�arroll, City Clerk