07-27-1976 Supporting DocumentsMINU'E'ES M, 1314
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, July 27, 1976. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Beals, Schroedel, and Blackburn. Other officials present were: City
Manager Tiffany, City Attorney Baird, City Clerk Carroll, Director of Community
Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others
present were: Mr. and Mrs. Rick Weber, Jr., Mesdames Dollar and Baird, and the
Messrs. Czech, Sanchez, Norquist, and Sargent. Mr. Joe Sanchez, representative of
the Sentinel/Star was also present.
The Invocation was given by Mr. Smythe, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held July 20, 1976 were approved as written.
Mr. Tom Sanchez, newly employed Finance Director of the city, was introduced by
City Manager Tiffany to all present, and a welcome was extended by Mayor Smoak.
VISITORS WITH BUSINESS
Mr. Ken Norquist, local builder, appeared before Council to advise
that during construction on a residence which he is building at
720 Anderson Street, he had discovered he would be unable to connect
to the existing sanitary sewer lateral that was installed to
service the property due to the difference in elevation, and inquired
of Council's opinion as to the city's liability in providing one
that would, inasmuch as he felt he had paid for such service in the
payment of the sewer assessment on the property. City Manager Tiffany
advised the main sewer map as provided by the engineers shows only
the elevations of the collection lines and not individual laterals
and it was the responsibility of the builder to confirm utility
elevations and locations prior to design and construction on vacant
lots, and he would thereby recommend that the necessary steps be
taken to service the house, but that the work be performed by city
crews with the costs payable by the owners. Councilman Blackburn
advised that he had inspected the site, and he did not feel that
a reasonable hookup had been provided the property by the city,
and thereby did not feel any costs should be borne by the property
owner. It was the opinion of Councilman Beals that the city had ful-
filled its obligation when a lateral was installed by the city at
that location, which was at that time a vacant lot. It was the
opinion of Mayor Smoak that if the the city had furnished its available
information such as what is shown on the master sewer map, it obligation
had been fulfilled, and he would therefore move that City Manager
Tiffany be requested to work out an equitable arrangement with the
property owner for city crews to do whatever is necessary to service
the existing facility at the maximum mi m mal cost to the property
owner as is possible. The motion was seconded by Cou_ncilman Beals
and carried with Councilman Blackburn voting in the negative.
CITY MANAGER'S REPORT
City Manager Tiffany reported a meeting had been set to meet with
Judge Booth on Wednesday, August 4th at 3:00 P. M. to discuss phasing
out of the municipal court, and, the Florida League of Cities Convention
would be held in Miami Beach on October 21st thru October 23rd, and
the League had requested that a voting delegate be designated. Motion
was made by Councilman Schroedel, seconded by Councilman Blackburn
and carried that Ma_yor Smoak_be so designated.
MINUTES M 1315
CITY ATTORNEY'S REPORT
As requested on July 20th, City Attorney Baird presented the necessary
Ordinance to increase the salary of council members, for council's
consideration. Councilman Beals advised he had made a survey of the
other municipalities in Lake County as to the amount of compensation
paid their council/commission members, and had found that only the
largest city in the county would be paying more if the increase as
proposed were to be adopted, and he would therefore hope that Council
Consider the matter before taking any action. City Clerk Carroll was
requested to place the matter on the agenda for the meeting to be
held August loth.
As requested on July 20th, City Attorney Baird presented the necessary
Ordinance to amend the Zoning Ordinance to define Maximum Lot Coverage,
for Council's consideration. Inasmuch as Council had not had
opportunity to examine the proposed Ordinance, City Clerk Carroll was
requested to place the matter on the agenda for the meeting to be
held August loth.
MAYOR'S REPORT
Mayor Smoak reported he had had further contact with Drs. Zoltek
and Bayley concerning a potential marshland study; That their initial
cost for such study had been somewhat modified; That there is the
potential that the city might receive participation in the study
from other sources which he would investigate and pursue further if
Council so desires; That if it is the desire of Council to have
the study made, a commitment of approximately $10,000 was in order
for services, construction, or in -kind materials to participate in
the study. Motion was made by Councilman Blackburn, seconded b.y
Councilman Schroedel and unanimousl carried that an allocation not
to exceed $10,000 be authorized.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn seconded by Councilman Beals
and carried that the bills be paid. A copy is attached hereto.
COMPREHENSIVE PLANNING COMMITTEE APPOINTMENT
Mayor Smoak announced the appointment of Mr. William Britt to serve
on the Comprehensive Planning Committee.
ORDINANCES/RESOLUTIONS
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADOPTING THE
UTILITIES DEPARTMENT BUDGET FOR THE CITY OF CLERMONT FOR THE FISCAL
YEAR 1976-77; 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 for a first reading by City Clerk Carroll, by title
only.
Councilman Schroedel introduced AN ORDINANCE PROVIDING A BUDGET OF
EXPENSES FOR THE GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF
CLERMONT FOR THE FISCAL YEAR OF 1976-77 AND MAKING APPROPRIATIONS
THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA FOR THE YEAR 1976 FOR THE GENERAL OPERATION
EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA and the
Ordinance was read for a first reading by City Clerk Carroll, by
title only.
MINUTES P0131.6
Councilman Goals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY FLORIDA, AMENDING SECTION 25-17
or 'THE CODE OF ORDINANCES: INCREASING THE SEWER SERVICE RATE: PRO-
VIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: PROVIDING
FOR PUBLICATION and the Ordinance was read for a first reading by
City Clerk Carroll, by title only.
Councilman Blackburn offered and moved the adoption of a RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
INCREASING SANITATION COLLECTION RATES and the motion was seconded by
Councilman Schroedel and unanimously carried. The RESOLUTION was
read by City Clerk Carroll, and the Number 279 assigned to it.
For the benefit of visitors present, Mayor Smoak commented briefly
on the action just taken by Council to increase the sanitary sewer
and sanitation pickup rates advising that the city's sanitary sewer
bond issue is predicated on growth of the system as predetermined
prior to installation, and the growth has not been sufficiently fast
enough to accommodate the increased payments of the bond issue; and,
That the Department of Environmental Regulation of the State of
Florida has closed the city owned sanitary landfill forcing the city
to depend on county owned property which shall cost the city $1.00
per cubic yard for disposal use.
There being no further business to be brought before Council, the meeting was adjourned
by Mayor Smoak at 8:45 P. M.
Claude E. Smoak, Jr., Mayor
Carlisle A. Byrd, Jr., Mayor Pro Tem
Dolores W. Carroll, City Clerk
ACCOUNTS PAYABLE JULY 1976
GENRRAL FUND
Bishop 6 Black PninLing Inc.
(Replace Bluba-0hufflaboard Cto.)
32.00
Clarmonta'
(POOL Control)
9.00
Clermont Medical Center
(Pri.nonor Expenno)
55.00
Coblo'o Radiator 6 Auto Uluct.
(Rebuild Starter)
22.00
Crest Rontaurant
(Prisoner Monlo)
26.25
Dra. Wollin 6 Culfond
(Prisoner Exponac)
24.00
Eckord Druga
(Camara Supplion)
11.60
F 6 R Office Supplion
(Office Supp].J.00)
35.46
Fifth Street Grocery
(Prinonor Suppliou)
4.20
Kiddora Restaurant
(Prisoner Meala)
63.00
R. L. Polk 6 Co.
(City Directory)
34.00
Sears, Roebuck 6 Co.
(Freezer Door Casket)
15.65
South Lake Mem. Hospital
(Prisoner Expense)
35.00
W. M. Teal
(Petroleum Products)
1232.68
Wood Heating 6 Cooling
(A/C Maintenance)
130.00
1729.84
UTILITIES DEPARTMENT
Dixie Lime 6 Stone (L/R Base) 157.98
Hach Chemical Co. (Chemicals) 49.68
Hughes Supply (Fire Hydrant) 294.00
Motorola, Inc. (Radio Maintenance) 105.50
Orlando Paving Co. (Asphalt) 290.78
Southern Meter 6 Supply (Curb Stops) 21.52
919.46
TO: City Council
FROM: City Manager
SUBJECT: Norquist Sewer Request
DATE: July 23, 1976
Ken Norquist has requested time to speak to the City Council about
sewer service for a house that he is building on Anderson Street.
The sewer connection for this lot would not have enough fall to
the sewer line to serve the house as designed. Approximately 2 to 3 feet
additional fall is required to properly serve this house.
Alternatives open to Mr. Norquist are to (1) raise the foundation
feet; the costfalternate
2otie-in
the
2 tomain
be $390sewer
line at a lower point. We
estimate
Although the master sewer map shows the elevation of the sewer
lateral for the lot to be adequate to serve the house as designed, it is
the builder's responsibility to confirm utility elevations and locations
by inspection. There are likely to be other cases similar to Mr. Norquist's
as vacant lots are built upon.
Attached is a March 4 opinion from Leonard Baird on the South Lake
Press sewer connection. Mr. Baird states "it is not incumbent upon the -
City to pay any costs incurred by the South Lake Press in connecting
with the sewer system". The City Council elected to pay the costs in the
South Lake Press case, but that building existed prior to installation of
the sewer system.
The South Lake Press case was a matter of the sewer being in the
wrong place to serve the existing building; the Norquist case is a matter
of the building being misdesigned to be served by the existing sewer.
I recommend that the City not pay costs of connecting the house to
the sewer system, but that City crews perform the work with costs payable
by the owners.
Gordon Tiffany
Attachments
cc: City Clerk (Agenda 7-27-76)
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March 4, L976
Robert 1'. Smythe
Acting City Manager
City of Clermont
l Wostgnte Pima Drive
Clermont, Florida 32711
Rli: sour l LAKE PRESS - SEWER CONNECTION
Dear Mr. Smythe:
Pursuant to the request of the City Council I have resenrched the question of
the City's obligation to pay the costs of rearranging existing plumbing facili-
ties in order to connect to the City sewer system.
Although the ordinance dealing with the sewer system is not clear on this point,
the ordinance in view of the general applicable law does not make provision for
any charges to be paid by the City. 'There have been many court cases Lnvolving
sewer systems and the responsibility of the cit Los and these cases generally hold
that City is not responsible for these types of charges. Accordingly, it would
be my opinion that it is not incumbent upon tho City to pay any costs incurred by i-
the South Lake Press in connecting with the sewer systen. i
Very truly yours, j
C3 .- p
LEONARD 11. BAIRD, JR. (-
City Attorney
L11B/hmb
kZECEIVED J U L 2 3 W76 �
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1,.(). f.o't 335
C7.ormottt, Fl. 32711
Cordoai
City 1.Ln..[*,cr
Clermont, pl. 32711
i
Dour H; . Tiff.,mY.
I ro:znoctl' •7.1Y x'oquenL nu o ;nori:+nt:Lt;/ i:o :naot `oforo the
Clr.rmont C:U7 C >uncil on Tucr,&1y, July 26, 1976.
Tho itom of i:n ortoaco In 11ability for c'racnt of r.,oeror
do -in to ci.ta mein 1:Luo on 720 An)or^on Itrcot, Clorinont,
5incorcly, {
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JCcn ldor ict I
MINUTE'S N9 1317
SPECIAL MEETING
A Special Meeting of the City Council of the City of Clermont was held in the
office of the City Manager on August 3, 1976. The meeting was called to order
at 4:30 P. M. by Mayor Pro Tom Carlisle A. Byrd, Jr. with the following members
present: Councilmen Blackburn and Beals. Others present were City Manager
Tiffany, City Attorney Baird and Deputy Clerk Dollar.
LEASING Of CITY OWNED BUILDING
City Manager Tiffany presented a lease agreement, prepared
by City Attorney Baird, for leasing of the city owned building
formerly occupied by Landseair Travel Agency, to Mr. and Mrs.
Sommerville.
Motion was made by Councilman Blackburn seconded by Council-
man Deals and carried that the I4a or Pro Tem in behalf of
the City of Clermont a out orized to execute a lease agreement
between the City of Clermont and Mr. and Mrs. Sommerville
forleas�ing of the city owned building formerly occupied by
Land— seair Travel Agency.
i
There being no further business on the Special Meeting Agenda, the meeting was
adjourned by Mayor Pro Tem Byrd.
Carlisle A. Byrd, Jr.
Mayor Pro Tem
Mildred Dollar, Deputy Clerk