09-25-1973 Supporting DocumentsM[Num 97U
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, September 25, 1973, The meeting was called to
order at 7:30 P. M, by Mayor Don E. Smith with the following members present:
Councilman Beals, Byrd, Smoak and Schroedel. Other officials present were: City
Controller Fleming, City Clerk Carroll, City Attorney Vason, City Manager
Hopkins and Chief of Police. Others present were: The Misses Karen Hamilton
and Vicki Earls. The Mesdames Virginia Roane and Joan Modica. The Messrs. G.
Lynn Brotherson and Larry Church. Representatives of the Sentinel/Star and the
Daily Commercial were also present,
The invocation was given by Councilman Byrd, followed by the repeating of the Pledge
of Allegiance in unison by those present.
Mayor Smith announced the first order of business to be a Public Hearing to consider
request of Mr, and hers. G. Lynn Brotherson and Mr. Larry A. Church for the closing
of Linden Street between the easterly right -of -;way of West Avenue and the westerly
line of that vacated right-of-way which skirts the northerly side of Lake Winona.
There was no one present who voiced objection to the request. Motion_ was made
City Manager Hopkins submitted his report both orally and written and a copy is
attached hereto. With regards the request from Lake County Economic Opportunity,
Inc. that Council nominate a member to serve on their Board of Directors, it was
consensus that representation on the Board was not desired. With regards request
of the Florida League of Cities, Inc. for Council to appoint a voting delegate
for the annual convention on October 26th and 27th, motion was made b Councilman
Schroedel seconded b Councilman Smoak and carried tat Ma or Smithbe appointed
am ounce man Bea s be esi note as a ternate. it regar s t e request o orida
League of Cities, Inc. that Counc execute a Proclamation "Proclaiming October
1, 1973 and every October 1st thereafter to be "MUNICIPAL HOME RULE DAY" and
proclaiming the Onorable Paul F. Danahy, State Representative from the 67th District,
to be an Honorary Citizen of the City of Clermont in recognition of his untiring
efforts in the Municipal Home Rule Powers Act having been passed by legislature, motion
was made by Councilman Smoak seconded by Councilman Beals and carried that the
Mayor be authorized to execute such a Proclamation on behalf of Council.
With regards the cost estimate received for traffic signal lights,
by Councilman Smoak. seconded by Councilman Beals and carried that
City Clerk Carroll read a letter from Robert L. Shevin, Attorney General, wherein
he expressed appreciation to Mayor Smith for his communication regarding the State's
acquisition of land in the Lake Louisa area for establishment of a State Park.
Councilman Smoak offered and moved the adoption of a RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, INCREASING THE SANITATION COLLECTION
RATES.and the motion was seconded by Councilman Schroedel and unanimously carried.
City Attorney Vason read the Resolution by title only, the Number 223 was assigned
to it and a copy ordered posted.
Councilman Schroedel offered and moved the adoption of a RESOLUTION ESTABLISHING
1973-74 BUDGET OF THE CITY OF CLERMONT WATER AND SANITARY SEWERS DEPARTMENT FOR
THE FISCAL YEAR 1973-74 and the motion was seconded by Councilman Beals and
unanimously carried. City Attorney Vason read the Resolution by title only, the
Number 224 was assigned to it and a copy ordered posted.
MINUTES NQ 971
Councilman Byrd offered and moved the adoption of a RESOLUTION ESTABLISHING A
BUDGET FOR THE FISCAL YEAR 1973-74 FOR GENERAL OPERATIONS OF THE CITY OF CLERMONT
and the motion was seconded by Councilman Beals and unanimously carried, City
Attorney Vason read the Resolution by title only, t•he Number 225 was assigned to
it• and copy ordered posted,
Councilman Schroedel offered and moved the adoption of AN ORDINANCE PROVIDING A
BUDGET OF EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE CITY OF
CLERMONT FOR THE FISCAL YEAR OF 1973-74 AND MAKING APPROPRIATIONS THEREFORE:
PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA FOR THE YEAR 1973 FOR THE GENERAL OPERATIO[; EXPENSE OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA and the motion was seconded by Councilman Beals. The
Ordinance was read for a second and final reading, by title only, by City Attorney
Vason and upon roll call vote on passage of the motion the result was: Ayes:
Smoak, Smith, Beals, Byrd and Schroedel, Total Ayes: Five. Nayes: None. So
the ORDINANCE was adopted, the Number 58-M assigned to it and a copy ordered posted.
Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, REDUCING THE WIDTH OF HIGHLAND AVENUE FROM
80 FEET TO 60 FEET FROM THE EASTERN RIGHT-OF-WAY LINE OF EAST AVENUE TO
THE CENTER LINE OF GRAND HIGHWAY, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF
CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF
LAKE COUNTY, FLORIDA: CLOSING AND PERMANENTLY ABANDONGING SAID PORTION OF HIGHLAND
AVENUE: PROVIDING FOR THE DISPOSTION OF SAID ABANDONED PORTION OF HIGHLAND AVENUE:
PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR
PUBLICATION and the Ordinance was read for a first reading, by title only, by
City Attorney Vason.
Councilman Beals offered and moved the adoption of AN EMERGENCY ORDINANCE UNDER
THE CODE OF ORDINANCES OF THE CITY OF CLERMJNT, LAKE COUNTY, FLORIDA, INCREASING
THE BOND FOR CONTRACTORS FROM ONE THOUSAND DOLLARS ($1,000) to FIVE THOUSAND
DOLLARS ($5,000); REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING
FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and
the motion was seconded by Councilman Byrd. The ORDINANCE was read by title
only by City Attorney Vason and upon roll call vote on passage of the motion,
the result was: Ayes: Beals, Schroedel, Byrd, Smith and Smoak. Total Ayes:
Five. Nayes: None. So the Emergency Ordinance was adopted immediately, the
Number 99-C assigned to it and a copy ordered posted.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA INCREASING THE BOND FOR CONTRACTORS FROM ONE
THOUSAND DOLLARS ($1,000) TO FIVE THOUSAND DOLLARS ($5,000): REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE:
AND PROVIDING FOR PUBLICATION.
Upon inquiry to City Manager Hopkins if anything further had been done with
regards Council's favorable action toward request of Charles M. Pool regarding the
extension of Lake Shore Drive, he was advised that no deed had as yet been received
from the Pool's for a roadway, whereupon Councilman Smoak requested that the City
Manager contact Mr. Pool regarding this matter.
Councilman Smoak inquired of City Manager Hopkins if he had received any information
as to a date that Cable TV would be available in the city, and he was advised
that he had not.
Councilman Smoak submitted the following three items which he felt Council should
consider, and the citizenry of Clermont be polled for their opinions on the matters
by having them placed on the December ballot for str&;votes: (1) Possible annexation
of additional properties to the City of Clermont (2) Possible merger of the City
of Clermont and the Town of Minneola, and (3) An increase of the tax millage from
the present 8 mills to 10 mills for capital improvements. It was consensus that
a workshop meeting be held to consider these items, whereupon Mayor Smith called
a workshop session of Council to be held immediately following the Planning and
Zoning Commission Meeting on Tuesday, October 2nd.
MINUTES
No, 972
With regards the Plumbing Boards' request to the city's consulting engineers for
their opinion on the existing requiroment by the city for use of cost iron pipe
as a sewer service lateral to commercial Installations, Mr. Hopkins submitted
letters to each Council member wherein the engineers advised that, in their
opinion, this was a sound and warranted requirement. Council accepted this
opinion and it was consensus that the Ordinance remain in effect as is.
Councilman Deals reported he had been advised that the local Drive -In Theatre was
showing R rated movies which, in his opinion, he felt should not be shown at an
outdoor movie theatre and he thereupon moved that Citv Manaoer anneal to the
With regards the City Manager's request to participate in the deferred compensation
retirement plan as offered to members of the International City Management Association,
motion was made by Councilman Smoak, seconded by Councilman Byrd and unanimously
carried that this request be granted.
The meeting was adjourned by Mayor Smith.
Don E. Smith, Mayor
Dolores W. Carroll, City Clerk
September 26. 1973
Mr. Freeman W. Hinson
Executive Director
Lake County Economic Opportunity. Inc.
P. 0. Box 687
Eustis. Florida 32726
Re: Nominee to Board
Dear Mr..Hinson:
At the meeting last evening. the City Council considered your
request that a nominee be named for membership on the LCEO
Board of Directors.
This 1s to advise that the Council decided not to submit a
nominee and -does not desire representation on the Board.
Sincerely.
Robert M. Hopkins
City Manager
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PROCLAIMING OCTOBER 1, 1973, AND EVERY
OCTOBER 1ST THEREAFTER TO BE "MUNICIPAL
HOME RULE DAY" AND PROCLAIMING THE
HONORABLE PAUL F, DANAHY, STATE REPRESEN-
TATIVE FROM THE 67TH DISTRICT, TO BE AN
HONORARY CIT ZEN OF THE CITY (TOWN) (VILLAGE)
OF Cr`�f^^ ^� e , FLORIDA.
WHEREAS, on June 1, 1973, both the Florida Senate and the Florida House of Represen.
tatives passed Committee Substitute for House Bill 1020 - the "Municipal Home Rule Powers
Act" - and thereby recognized the grant In the 1968 Constitution of Florida of home rule powers
to the municipalities of Florida, and
WHEREAS, on Juno 7, 1973, the Honorable Reubin 0'D. Askew, Governor of Florida,
did expressly approve sold House Bill, which thereby became Chapter 73.129, Laws of Florida,
with an effective data of October 1, 1973, and
WHEREAS, the Supreme Court of Florida did on August 15, 1973, give its first judicial
construction of the Home Rule Law in the case of Futch v. Stone. So.2d
(Fla.Sup.Ct; Casa No. 42,253.1; August 15, 1973), and
WHEREAS, the Honorable Robert L. Shevin, Attorney General of Florida, has already
expressly recognized the far-reaching impact of this law in three (3) very recent opinions
(AGO 073.267, July 17, 1973; AGO 073.276, August 14, 1973; AGO 073.301, August 23, 1973),
and
WHEREAS, the "Municipal Home Rule Powers Act" is clearly of inestimable value to the
people of the State of Florida by its recognition of grassroots legislative democracy on local
matters at the level of government closest to the people, and
WHEREAS, through the vision, untiring efforts, and perseverance of one man in par-
ticular - the Honorable Paul F. Danahy, State Representative from the 67th District - the
"Municipal Home Rule Powers Act" was conceived, launched, and passed into law, and
WHEREAS, the said Honorable Paul F. Danahy is, therefore, owed a debt of gratitude
by the people of Florida, now, therefore,
BE IT PROCLAIMED that October 1, 1973, and every October 1st thereafter, be and
it is hereby ��Ieclared t99 be "Municipal Home Rule Day" in the City (Town) (Village) of
('lea/ ,0,1 Florida, and
IT IS FURTHER PROCLAIMED that the Honorable Paul F. Danahy, State Represen-
tative from the 67th District, be a d he is hergby declared to be an honorary citizen of the
City (Town) (Village) of (�-dno Florida, in recognition of his great
contribution to municipal home rule in Florida, and the Clerk of this municipality is hereby
directed to transmit a copy of this Proclamation to Representative Danahy.
IN WITNESS WHETF, I hereunto set my hand and seal as Mayor of the City (Town)
(Village) of / (/_ A 1e , on this,. day of September, 1973.
September 26, 1973
V. Carl Buff, Jr.
District Traffic Operations Engineer
Florida Department of Transportation
P. 0. Box 47
iJ
Deland, Florida 32720
Re: State Road 60 Section 11070
Dear Mr. Huff:
With regard to the signalization of the intersections of Bloxam
Street and East Avenue with State Road 50, this is to advise that
the City Council has decided not to execute the resolution at this,
time.
Local 'unds are not available to cover the cost of the installations
should they be warranted.
We appreciate your continued interest In this problem.
Sincerely,
Robert M. Hopkins
City Manager
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September 10, 1973
Honorable Don E. Smith
Mayor
The City of Clermont -
Clermont, Florida 32711
Dear Mayor Smith:
Thank you for your good letter with regard to the State's
acquisition of land in the Lake Louisa area for establishment
of a State Park.
I was happy to be a part of the unanimous vote of the
Governor and Cabinet which brought this about.
I was also greatly impressed by the wise and far—seeing
suggestions made by many thoughtful citizens of the area,
such as yourself, with regard to protecting the water quality
and other beautiful natural assets of the tract.
We join the Governor in assuring that State agencies
have been directed to administer this fine new park in that
manner.
Again, thank you for letting me hear from you.
Most sincerely,
Robert L. Shevin
Attorney General
RLS:Eej
DANKINS F. ASSOCIATFS, INC CON3UI,iiM11Lf I'.N(dMla?fi , i
ra�ljr>:< es,r,4 c1li.nr.l�,r, i Ii•u„ .1r�un�
September 11, 1973
Mr. Robert M. Hopkins
City Manager
City of Clermont
Clermont, Florida 32711
Construction Material,
Service Laterals C44-c-01
C-
Dear Mr. Hopkins:
The requirement for using cast iron pipe as a sewer service lateral to
commercial installations when the delaying depth is less than four feet
is in our opinion a sound and warranted requirement. The impact from
traffic such as delivery trucks or street maintenance equipment etc.,
cannot be fully anticipated nor provided for by vitrified clay pipe and
some classes of plastic pipe at shallow depths.
The differential of cost between cast iron pipe and schedule RO PVC pipe
approximates $1.10 per lineal foot, installed, and we feel is justified
in view of the maintenance costs that may be required to repair breaks
caused by external loading.
Please advise if we can be of further service in this matter.
I
Sincerely yours,
i
DAWKINS & ASSOCIATES, INC.
D. .Crowson, P.E.
Senior Project Manager
RECCIVi'f..! c r n j 1971
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52 W. PENNSYIVANIA STREET 305/241-1501
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