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11-23-1976 Supporting DocumentsMINL)TES N9'J.,'3 )ij REGULAR fl17VING A Regular Meeting of the City Council of the City of Clermont was held In the Council Chambers on Tuesday, November 23, 1976. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Blackburn, and Schroedel. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director Community Services Smythe, and Chief of Police Tyndal. Others present were: Miss Ginny Ray; Mesdames Yancy, Schmidt, Jones, Faris, Pitts, Oswalt, Beals, Ragan, Angel, Honey, Bell; Messrs. Czech, VanderMeer, Knowles, Searles, Saunders, Hovis, Pitts, Meginley, Morrison, Winchenbach; Mr. & Mrs. E. Lamar Black, Mr. & Firs. Paul Anderson, Mr. & Mrs. Bob Ray, Mr. & Mrs. Gerald Shepard, Mr. & Mrs. Roy Wrightam, Mr. & Mrs. William Plummer, Mr. & Mrs. Robert Herda, and Mr. & Mrs. Charles Russ. Mr. Joe Sanchez Sentinel/Star representative was also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. Mayor Smoak announced the filing deadline time for City Council candidates had expired on November 22, 1976 at 5:00 P. M., and inasmuch as there had only been a single candidate for each of the three open seats, a general city election would not be held this year; That the successful candidates and their respective groups were: Randy H. Honey - Group No. 1 f Councilmember - Two Year Term Claude E. Smoak, Jr. - Group No. 3 Mayor/ Councilmember - Two Year Term Carlisle A. Byrd, Jr. - Group No. 5 Councilmember - Two Year Term and, That inasmuch as Group No. 1 had been vacant since the resignation of Councilman Beals, effective November 16th, he would suggest that Councilman -Elect Honey assume the seat immediately. Council concurred with the suggestion, whereupon Mayor Smoak administered the Oath of Office to Randy H. Honey, and he assumed his seat on Council. The Minutes of the Regular Meeting held on November 16, 1976 were approved as written. CUP FOR CHURCH - 743 EAST MONTROSE STREET City Manager Tiffany advised that the Planning and Zoning Commission had considered the request of Mrs. Blanche Bell for a Conditional Use Permit to utilize the building located at 743 East Montrose Street, and had recommended that it be granted, a recommendation with which he concurred, subject to the following conditions: (1) That existing landscaping not be reduced; (2) That the use not be expanded except with a CUP granted by the City Council; and, (3) That the building conform to building code requirements. Councilman Blackburn offered and -moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW USE OF AN EXISTING BUILD- ING AS A CHURCH, and the motion was seconded by Councilman Byrd and unanimously carried. The Resolution was read by Mayor Smoak and the Number 287 assigned to it. MINU'CIsS Nil, 1,354 ANNUAL REPORT - LAKE APOPKA NATURAL GAS DISTRICT Mr. John Sargent, representative to the Lake Apopka Natural Gas District, appeared before Council to brief them on the District's functions during the past year. He advised the district was in excellent condition as far as operations are concerned, and the financial condition was the best since the district was formed some ten years ago; That interest on the bonds was paid uptodate, and bond payments had been made for the first time. Mr. Sargent advised he attributed much of district's good condition at this time to good management and very little turnover in personnel. PROPOSED TRAFFIC SIGNALS ON STATE ROAD 50 City Manager Tiffany reported he had been advised by DOT representatives that it would be their recommendation for in- stallation of traffic signals at the intersections of State Road 50 with Bloxam Avenue, East Avenue, and Eighth Street, as well as retain the existing one at Fifth Street, such recommendations being subject to review by federal government authorities inas- much as the proposed widening project shall be partially funded with federal funds. FINANCE DIRECTOR'S REPORT Mr. Sanchez reported ad valorem taxes had been received thus far this month in the amount of $17,000; That the franchise taxes from Florida Power Corporation had been received in the amount of $84,000, an increase from $75,000 received in 1975; and, The first Federal Public Works Anti -Recession Funds had been received in the amount of $4,717.00. MAYOR'S REPORT Mayor Smoak reported on this attendance of the Tax Equalization Committee on this date at which time they had completed a -basic codification of the revenue sources in the County; That the ul- timate objective is to determine that city residents are receiv- ing their fair share of tax dollars paid to the county; and, That he felt the attitude of the county commissioners working on the committee was very constructive and positive. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried, that the bills be paid. A copy is attached hereto. PROPOSED LEASE OF CITY OWNED PROPERTY - HUNT With regards request by William Hunt to lease the city owned property adjacent to Hunt's Garden Center on the West, (E3z of Lot 14 in City Block 81), motion was made by Councilman Blackburn seconded by Councilman Byrd and carried that City Attornev Baird prepare the necessarLee Agreement, and Mayor Smoak be authorized to execute same y as provided it is for one year terms subject to renewal for four additional one year periods, and provision for termination upon six months notice. MINuri.,*S M 13 55 PROPOSED LEASE OF HIGHLANDER HUT - LCAA A draft of a proposed lease of the city owned Highlander Nut to the Lake Community Action Agency for use to sponsor a Congregate Meals Program, was submitted for Council's considera- tion. Mrs. Ruth Alice Ray, spokesman for a large delegation of Girl and Boy Scout Organization who were present, and whose organizations regularly use the Highlander Hut, appealed to Council to deny such a lease as proposed, based on the follow- ing: (1) Restricted use of the building on Monday thru Friday would conflict with any Special Meetings that might be necessary by the Scout groups. (2) Restricting use of the building during certain hours would conflict with certain Scouting activities that require additional setup time prior to the regular meeting time. (3) Fear tl�at the ur000sed program would extend past the designated time table of 2:00 P. M., which would conflict with the time schedule of scout meetings. (4) Restricted use of the entire area of the building due to storage of necessary equipment for the proposed program would conflict with the scouting programs and their need for several areas of the building at one time. It was further the suggestion of Mrs. Ray that a work session between Council, Officials of the DAV, and Scout Leaders be called to work out a compatible time schedule to assure there would be no inter- ruptions by other meetings or maintenance of the building, etc. during scout meetings. Follow considerable discussion on the matter by Council and persons from the floor, Mrs. Bess Jones, representative of the LCAA program, advised Council she was in agreement that the proposed program would be in conflict with the scouting activities and thereby felt another location would be more suitable. Motion was made by Council- man Schroedel and carried that the request of LCAA be denied. It was the suggestion of Councilman Byrd that City Manager Tiffany extend every effort to assistance in finding a suitable location for such a proposed program in the city. POLICE PATROL CAR BIDS City Manager Tiffany reported on bids received for two 1977 police patrol cars which had either met or exceeded specificati,ons,•dnd recommended the low bid as submitted by Bob Wade Ford @$3,594.70 per car be accepted. Motion was made by Councilman Blackburn, se- conded by Councilman Schroedel and carried that the recommendation be accepted and the necessary purchase order be issued. JENKINS BUILDING ROOF BIDS City Manager Tiffany reported on bids received for a 20-year asbestos roof for the Jenkins Building, and recommended that the second lowest bid from Joe Queen Roofing @ $4,988 be accepted. Motion was made by Councilman Byrd seconded by Councilman Schroedel and carried that the recommendation be accepted and the necessary urchase order be issued. MINUTES Nq 1_; j 6 PROPOSED ORDINANCE•NO. 155-C_ Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE'. OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 24-2 OF THE CODE OF ORDIANCES: PROVIDING FOR PARKING OF TRAILERS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. PROPOSED ORDINANCE NO. 156-C Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 26-79.1 OF ARTICLE X OF APPENDIX A OF THE CODE OF ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERA- BILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICA- TION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 9:50 P. M. i 1 � Claude E: Smoak, Jr., Mayor J A Dolores W. Carroll, City Clerk ACCOUNTS PAYABLE NOVEMBER 1.976 AIEL GENERAL FUND A & L Automotive (BalTiren & AlignmonL) 16.50 Addronnograph MulLigrnph (office SupplLen) 16.07 Advance Electric (Jenklnn Auditorium) 22.00 Ilnttarl.en By Finher (Hatter.y & 00. Filter) 51.14 I Bell Wnda Lord (l'/S Saa1 N.Lt) 5.18 )Iowan Supply Co. (office Still pl,ion) 41.79 Bureau of Buninenn Pr,ICLJ.ee (SnfeLy Pontorn) 13.89 I Clemmttn (Pont C01ILr01-.Ia1,0 9.00 Colonial Chry. Ply. (Seal Kit & P/S Fluid) 8.12 Oust Tex Service (Janitorial Supplion) 16.10 Fla. 'telephone Corp. (Util.ition) 335.86 Hushes Supply (Plumbing Supplies) 8.50 Highway Equip & Supply ( Auto Mai.nt Par.to) 101.56 Inland Equip Co. ("0" Ring SeL) 13.56 John Hopkins (Remove Treett) 225.00 Kathy Lynn Restaurant (Prisoner Mania) 22.10 Knowles (Pont Control) 50.00 Jack Cocke & Co. (Fire Jacket) 57.50 Lake Apopka Natural Gas (Utilities) 87.15 Lake County Public Works (Landfill Charges) 696.75 Lanier Business Products (HeadSet) 15.00 Motorola Inc. (Radio Maint) 105.50 '. Nolan Engine & Mower (Tube) 5.90''. Shepard's Citations, Inc. (Subscription) 35.00 W. M. Teal (Petroleum Products) 63054 2591.71 UTILITIES DEPARTMENT Chemical Equip Service (Lake Avenue Pump) 464.15 Fla. Telephone Corp. (Utilities) 77.38 Hunts Garden Center (Plants) 70.50 Madden Elect Service (Lake Ave. Well Starter) 84.50 Tucker's Heavy Equip (Bearings) 26.10 722.63 TO: City Council FROM: City Manager SUBJECT: CUP for Church at 7420 East Montrose Street DATE: November 19, 1976 At its November 3 meeting the Planning and Zoning Commission voted use ofto commend the buildingJatn743gthe attached East Montrose Streetiasal Use a church. for the The building's most recent use was as a church, but because it has been vacant for more than twelve months, a CUP is required. In making their recommendation, Commission noted that the building is in good condition, that some off street parking is provided, that the church would primarily serve neighborhood youth who would not require parking, and that the proposed work. of this church (with youth) would be of benefit to the 'neighborhood ano to the City. 1 concur with the recommendation of the P and Z Commission that you grant the Conditional Use Permit as attached. l^ - Gordon Tiffany cc: City Clerk (11-26-76 Agenda) 110VI M AM) 11nxM) AT101111KI" AT I— I WKOTOATK --A 011111 1 I1r1111110MI., NIA /ItI11A Uu T11 rlovember 23, 1.976 Mr. Gordon Tiffany City of. Clermont 1 west•gate Plaza Drive Clermont, Florida 32711 Dear Gordon: Pursuant to your request, I have researched the question of the necessity of holding an election when all candidates are unopposed. Article III, Section 24(c) of the Charter of the City of Clermont states "elections shall be held in accordance with the general election laws of the State of Florida". Chapter 101.151(5)(b), Florida Statutes, states "the names of unopposed candidates shall not appear on the general election ballot unless a write-in candidate has qualified under Section 99.023; Each unopposed candidate shall be determined to have voted for himself". Attorney General's Opinion 073-137 rendered April 26, 1973 states "in the absence of any controlling Charter act provisions, a municipality which has adopted the general election law is not required to hold a municipal election when only one candidate has qualified for each vacant municipal office and the time for write- in candidates to qualify under this section has expired". In view of the fact that the City has adopted the general election laws of the State of Florida and there is no Charter provision to the contrary, it is my opinion that no election is necessary since all candidates are unopposed. verry� truly yours, l t-.I . (Z LEONARD H. BAIRD, JR. LRB:pw TO: City Council FROM: City Manager SUBJECT: Hunt Lease of City Owned Property Date: November 19, 1976 The attached proposed agreement with Bill Hunt would lease to him the City -owned half -lot between Hunt's Garden Center on Desoto and Jack Rolland's home and business. (Mr. Rolland told me today that he would like to see Mr. Hunt lease the property from the City.) In its present condition, this lot (formerly used as an alleyway) cannot be mowed. Sand and clay have washed out, forming several large holes. Mr. Hunt proposes to fill the holes, cover a portion of the property with plastic, and use it for the display of plants. He would pay the City a token fee 410 annually) and would pay taxes and insurance on the lot. Mr. Hunt has requested a five-year lease. I would prefer a one-year lease with option to renew for four additional one-year periods. Mr. Hunt plans to attend Tuesday's meeting. /Orlikfany Attachment cc: City Clerk (11/23/76 Agenda) TO: City Council FROM: City Manager SUBJECT: Police Patrol Car Blds DATE: November 22, 1976 Our 1976-77 Budget provides $11,000 to purchase two new police patrol cars, in- cluding trade-in allowance. Specifications were prepared to include smaller sized cars than we have previously purchased. Early this month we mailed an invitation to bid to area new car dealers and published a bid announcement in the South Lake PressBids were opened in my office at 2 P. M. Friday, November 19. Results of the bidding follow (price shown is per car): With Trade No Trade Exceptions Bob Wade Ford, Clermont $3,594,70 $4,894.70 Engine-351 C.I. Richey Buick -Pontiac, Leesburg No Bid $4,342.50 None MacNamara Pontiac, Orlando $4,463.72 $4,463.72 None Rally Chrysler -Plymouth, Leesburg $4,373,58 $4,923.58 None D. C. Waters Ford, Eustis No Bid $4,922.68 Engine-351 C.I. Regency Dodge, Jacksonville No Bid $4,444.00 (State Purchasing Contract) Bob Wade Ford, Clermont, submitted the low bid, with trade, but exceeded the specified engine size. Along with the bid, Wade submitted E.P.A. test figures showing gas mileage of the 302 cubic -inch engine (not available from Ford with Police Package items) and the 351 engine that would be furnished under this bid. Those figures show only 1 mile per gallon advantage for the smaller engine, not enough by itself, in my opinion, to justify our paying the higher price for a smaller car. Richey Buick -Pontiac submitted the low bid without trade. Their bid is $747.80 above Wade's bid with trade. Richey's bid was on cars meeting all specifications. Richey did not submit a bid with trade-in. Other than Wade, the only dealer that bid with trade-in was Rally Chrysler -Plymouth. They credited $550 for both trade ins combined. The cars to be traded are 1974 and 1975 Plymouths, with mileages of 4,110 and 56,494. (As a rule of thumb, police car miles are said to more than double the normal wear and tear on a car.) I recommend accepting the low bid of Bob Wade Ford of $3,594.70 per car (7,189.40) for two cars with 351 C.I. engines, with the purchase to be made from Federal Revenue Sharing Funds. These cars EXCEED our specifications and would give good service with an insignificantly higher operating cost that would a offset by the better initial purchase price. Gordon Tiffany TO: city Council FROM: City Manager SUBJECT: Jenkins Roof Bids DATE: November 22, 1976 A Notice to Bidders appeared in the November 4 South Lake Press for a 20-year asbestos roof for the Jenkins Auditorium. Three bids were received: Wood Roofing $3,000 Joe Queen $4,944 B & H Roofing $5 ,400 The low bidder, Lucius Wood, was unable to furnish references for comparable work. His bid is so low that I am not confident that he would be able to meet specifications and build a quality roof. Poor workmanship and materials on a roof may not cause trouble for several years. Some materials manufacturers provide bonds to guarantee materials for 20 years, but my concern is for workmanship more than for materials. A performance r bond would cover only a one-year guarantee period for workmanship, too little to be of value. I recommend accepting the second lowest bid from Joe Queen with payment authorized from Federal Revenue Sharing Funds. Mr. Queen has had considerable experience with comparable jobs. His bid is sufficiently high to assure me that he will not use poor materials and workmanship to cover his costs. Gordon Tiffany