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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) 11OVIN ANU MUM) Rec � f r nrtonnr..n nr enw E'V�� •j II I w�a,an.1: LI nTA I. UVI 197g � /11.1111 AI//NT. N'1.//II I11.\ /ILTII I 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 � Kon rrorquict f: 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, { !G'�c- Nr/IiJ�ttaf ' f 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