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10-09-1973 Supporting DocumentsMINUTES N9 973 RP;GULAR 141;1iT1NG A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October. 9, 1973. The mooting wan called to order nt 7:30 P.M. by Mayor Pro-Tem Charles B. Beals with the following members present: Councilmen Smoak, Byrd, and Schroedel. Other officials present were: City Manager Hopkins, City Clark Carroll, City Attorney Vason, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: MesdamosJOan Modica, Toni Bell, Helen Teal; Mr, and Mrs. John U. Aull; Messrs. Williams, Lord, Lail, Allbrlght, Brothernon, Church, Hovis, Czech, Seaver, Parkcr, Loomis, Day, and Mrs. Grentrox, Clermont high School teacher of World History, and several members of her clans. Representatives of the Sentinel/Star, the local Press, ❑nd the Daily Commercial were also present. The invocation was given by Councilman Byrd, followed by repenting of the Pledge of Allegiance in unison by those present. The Minutes of the Regular Meeting hold on September 25, 1973 were approved as written. Mayor Beals announced the first order of business to be a Board of Adjustment Public Hearing to consider request of Mr. Jack Lail for a variance to Section 26-23 (E) (2) of the Zoning Ordinance (113 Residential Professional District -Setbacks) in order to construct a sun deck (car port roof), with the overhang extending to the property line, on his property described as Lot 1 and E 16' of lot 2 in Block 52 of Crest View Subdivision. There was no one present who voiced objection to the request, however, it was reported to Council that Mr. Coman Post, an immediate abutting property owner, had expressed some reservation about the granting of such a variance. It was consensus of Council that it would not be in the best interest to allow variances for construction up to prop- erty lines, whereupon motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that the request be denied. Mayor Beals announced the next order of business to be a Board of Adjustment Public Hearing to consider request of Mr. and Mrs. John U. Aull for a variance to Section 26-23 (C) (3) of the Zoning Ordinance (Lot area per family) in order to construct duplexes on property owned by him and described as Lots 1, 2, 3, 4, 6, and 7 in Block 4 of Sunnyside Unit Subdivision. There was no one present %;he voiced objection to this request. It was consensus of Council that inasmuch as Mr. Aull proposed to create lots which would meet the requirements for duplexes from lots which had been platted prior to existing zoning requirements, that it should be allowed, whereupon motion was made by Councilman Schroedel, seconded by Councilman Smoak and unanimously carried that the variance be granted. Mayor Parker of Minneola was present to inquire if Council intended to submit the question to be considered by straw vote only, regarding possible merger of the Town of Minneola and the City of Clermont on the ballot of the General Election to be held on December 4th. Motion was made by Councilman Smoak that the ballot for the General Election to be held on December 4th contain the straw vote question to the effect that "would the people of Clermont be interested in contacting the officials of Minneola toward the end of a possible merger of the two communities?" The motion was seconded by Councilman Byrd and unanimously carried. Mrs. Helen Teal appeared before Council and requested use of the Jenkins Auditorium for a teenage dance to be held on Saturday, October 13th from 8:30 P.M. to 12 midnight. Motion was made by Councilman Smoak, seconded by Councilman Schroedel and carried that this request be granted provided that all rules and regulations as pertains to dances held in the Auditorium are met. MINUTES hen 974 City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. With regards the request of The Florida Multihull Associ.at•i.on to utilize the Jaycee Beach area for overnight camping for fifteen families in order to police their fleet• of sail boats prior to the sailing regatta to be held on November 3rd and 4th, motion wan made by Councilman Schroodel, seconded by Councilman Smoak and carried, that this request be granted; With regards additional information having been received on the makeup and use of porous pavements for runoff control to the effect that it is presently being tried on an experimental basis and not available as yet on an economically competitive basis, it wan consensus of Council that Ordinance Na. 98-C "Defining Off -Street Parking" be resubmitted for introduction on October 23rd; With regards the use of the Highlander But for dances following football games, motion was made by Councilman Smoak, seconded by Councilman Byrd and carried that a workable formula and/or policy to be followed for such use, be prepared and implemented by City Manager Hopkins; With regards the necessity for a discussion regarding the effluent disposal problem prior to a meeting with the DPC Board in Orlando, Mayor Beals called a workshop session of Council to be held on Thursday, October llth at 7:30 P.M. in the Council Chambers. Motion was made by•Councilman Smoak, seconded by Councilman Byrd and carried that the bills be paid. Councilman Schroedel offered and moved the adoption of 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-14AY 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 ABANDONING SAID PORTION OF HIGHLAND AVENUE: PROVIDING FOR THE DISPOSITION OF SAID ABANDONED PORTION OF -- HIGHLAND AVENUE: PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Smoak. The ORDINANCE was read for a second and final reading, by title only by City Attorney Vases and upon roll call vote on passage of the motion, the result was: Ayes: Schroedel, Byrd, Smoak, and Beals. Total Ayes: Four. Nayes: None. So the ORDINANCE was adopted, the number 59-M assigned to it and a copy ordered posted. Councilman Smoak offered and moved the adoption of 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 and the motion was seconded by Councilman Byrd. 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, Byrd, Schroedel, and Beals. Total Ayes: Four. Nayes: None. So the ORDINANCE was adopted, the number 99-C assigned to it and a copy ordered Oosted. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING LINDEN STREET FROM THE EASTERLY RIGHT-OF-WAY LINE OF WEST AVENUE TO THE WESTERLY LINE OF THAT CERTAIN VACATED RIGHT-OF-WAY WHICH SKIRTS THE NORTHERLY SIDE OF LAKE WINONA, 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: RESERVING UNTO THE CITY OF CLERMONT A UTILITY EASEMENT: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read. by title only by City Attorney Vason for a first reading. Councilman Byrd presented and moved the adoption of A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN FOR CITY MANAGER ROBERT M. HOPKINS as made available by the International City Management Association Retirement Corporation and the motion was seconded by Councilman Smoak and unanimously carried. The RESOLUTION was read by City Attorney Vason, by title only, the Number 226 assigned to it and a copy ordered posted. IAINU'I' s M 975 Councilman Schroodol nubmittcd a brief report on his recent attendance of the Cooper Memorial Library Board meeting. City Clerk Carroll rand a letter from Don li. Smith wherein he submitted hill resignation at, Mayor/Councilman of the City of Clermont effective October 1, 1973. Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried, with Mayor Beals voting Nayu, that the resignation of Mr. Smith be accepted and the Clark be instructed to extend thanks and appreciation for his years of loyal and dedicated service while serving no Mayor/Councilman of the City of Clermont. With regards to filling the vacancy of Mayor/Councilman (Group No. 3) as quickly as possible as directed by the City Charter, motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried, with Mayor Deals abstaining from voting, that Claude E. Smoak, Jr. vacate the Council Group 2 seat and be appointed to serve as Mayor/Councilman in Group 3 for the remainder of the first year of a two year term, which shall be January 8, 1974. To fill the vacancy thus created in the Councilman Group No. 2 seat, motion was made by Councilman Smoak, seconded by Councilman Schroedel and unanimously carried that Henry Czech be appointed to serve as Councilman in Group 2 for the remainder of the second year of a two year term which shall be January 8, 1974. City Manager Hopkins reported to Council that the public improvements constructed in the Edgewood Subdivision, Phase I, had been acceptably completed and a maintenance bond submitted, and he therefore recommended that the performance bond for this phase be released. Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried that this recommendation be accepted and the performance bond be released. In an effort to retain present hourly personnel in the Community Services and utilities Departments as well as help in a labor recruitment for these departments inasmuch as records from January of this year reflect a terrific turnover, it was suggested by City Manager Hopkins that the work week be reduced from 45 hours to 40 hours with such reduction to be an added incentive to work for the city. It was generally agreed upon that a labor shortage exists throughout the state and not just locally, however, they were in agreement with the suggestion of the City Manager and referred the matter back to him: The meeting was adjourned by Mayor Beals. Mayor Pro-Tem, Charles B. Beals City Clerk, Dolores W. Carroll TO: City Council FROM: City Managor SUBJECT: Resignation - Mayor Smith DATE: October 3, 1973 Attached Is a letter dated October I, 1973 from Mayor Smith wherein he submits his resignation. The attention of the Council is directed to Section 11(c) of the City Charter which provides for the filling of vacancies. Section I1(c) of the Charter reads as follows: (c) Vacancy in office. That should there occur a vacancy from any cause In any of the elective offices of said municipality it shall be the duty of the City Council to fill said vacancy as soon as possible by appolnting to said office some person qualified to hold the same. Provided, that should such vacancy occur more than stx months prior to the next general municipal election, the City Council shall call an election for the purpose of electing sumo person to fill such vacancy. The person so appointed or elected shall serve for the unexpired term. Should a vacancy occur from any cause in any appointive office the Council shall fill such vacancy by appointment. Notwithstanding the requirement in Section 13 (18) that a quorum of the council consists of three members, if at any time the membership of the council Is reduced to less than three, the remaining members may be majority action appoint additional \ members to raise the membership to four. Attachment cc: City Clerk bee: R. M. Hopkins REL EO 0 C? 3 Q73 RECEIVED DOOT 3 1973 TO: City Council FROM: City Manager SUBJECT: Edgewood Subdivision Phase 1 DATE: October 3, 1973 In accordance with the provisions of Section 20-15 of the Subdivision Regulations, certification is hereby made that the public improvements constructed in the Edgewood Subdivision, Phase 1, have been acceptably completed. We have received a maintenance bond on the improvements. It is recommended that the performance bond be released. This matter will be on the October 9th agenda. �ob.rtM. cc: Dolores W. Carroll RECEIVEDOCT 5197b ; M 115 IIII ICI, !I, IAAllflll. nli /v,� Illw 1. 1' t:1 AIM11 Il ll �i ll li IAAII 1111 .o CC e Oct. L1, .1973 Li LS I1111t f,�FIONIDA 32748 Mr. llobort M. Ilopklnn, Ol t,y Mrtnn+;lrr City of Clermont A Went Cato P'Luru Clermont, Flu. 32711 Dear Mr.. Hopkins: Thin will acknowledge receipt of your letter of October 1 concerning the Clervue Drive In Theatre in Clermont. Unfortunately there are not enough picture❑ made in the IIG11 and 'IPCI' classification to keep a theatre open and therefore we cannot toll you that we will refrain from showing 'IILI' rated pictures. Our company does not show I'XII rated pictures and to my knowledge there has never been one shown in Clermont. j 1 tun not uwaro of uny itrdosr or. dr1Ve-111 LhesLro in LIM lJnttod hLa6os LhaL does not show some "It" pictures. In the first pJ.ace a major portion of the public likes motion pictures that deal with mature subjects and our attendance records bear this out. i We have never shown hard core motion pictures and do not intend to in the future, but by the atone token we have to be realistic and realize that vie have to show the picturesthat are in public demand and that are being shown in every other city in the United States. If a person is driving down the highway past the Clervue Theatre at a normal rate of speed there would be very few seconds that he could view the screen, even if his eyes were glued to it, and unless the vehicle stopped on the highway to purposely view the picture I don't feel that such a limited exposure should be very upsetting. I would like to point out that the research committee of the National Association of Theatre Owners, of which we are members, has a project well underway at the present time to develop a containment screen surface. When this surface is developed and perfected it will be impossible for persons outside the boundries of the drive-in theatre to see anything at all on the screen. When this project is completed and the screen surfaces are being manufactured we will consider the practicality at that time of utilizing the surface. In the meantime I will state that we expect to con- tinue to use discretion as we have in the past in the type pictures that we show in Clermont. U rs very ru]y, G , Bill P. Cumbaa BPC:wlf SCllonl. norm 'IE{16 PAUL W. IIIIYA' IIMAN Lov\�e Countyschools UmA1'In00-JALn L. tlf 11f1 V, VICt CIIAIOMAN Ln,nl.u,y fA 0 Vlll LIAM!: IAH', K, UAIIIIA11A VIVCK0I11' I UCRNARD J. WCAIIU, SUPI-I11N1'GNDIA l' OF SCHOOLS lIll ".I.i I Tat V/. tIU11LId1011 I10UL!'VAfIV MVAIIII!1• FLOIIIPA M111 ULI:1'110N1: 043:0.31 n11l1llY C. IlAhtllO Clm,nnm I October 4, 1.973 11E1fORANUU?I TO . County Commissioners! Chairman of City Council P20?1: Bernard J. McCabe, Superintm)deut Lake County Schools RE , Funding for the. 1974 Summer Recreational Programs Please find attached a copy of the memorandum from the Department of Education regarding the funding of the 1974 i. summer recreational programs. In accordance with the memorandum it till] be necessary to fund any summer recreational and enrichment programs with monies other than those of the lake County School Board. The funding of this program was discussed at the District j School Hoard meeting on September 24, 1973. Every effort will be made to encourage the 1974 Legislature to fund the summer recreational programs through the State level school I. financing program... RECEIVED G:. , g 1973 J.. CO1�•"""' TA E EA 11A 55 tt 3230.1 nwim^'lar n.WVrtAAY Ann uennu+llr IM"AY11, Mow,l A aAilat 4 a,ntaran :^ t_rf�rnrruurl All Supurintendentn \I n c'E:fiDL• {•loodratr •1, llarck:n L/� ,i U-iE%t.tt E• / I September 14, 1973 S'II J2CT: Punding for. the 1974 Sunmwr Rocrecttlonal lrograms in a meeting with the Department OfEducnt.Lon September 13, Lhce Board of Directors of the Superintendents Association uxprassed concern Lhat the counties and municipalities in the state were not including provisions in their next year's budgets for funding the 1974 summer recreational programs. j C113pter 73-349, Laws of Florida (CSIIB 1176) provides additional revenues under revenue sharing to local governmental units. Sub- section 218.26(5) states "(5) The department (Department of revenue) shall notify each local governmental unit receiving revenue pursuant to this part that the legislative' intent pursuant to providing addi- tional revenues under revenue sharing for local priorities is designed to provide revenues to enable local. governolent to review adequately those corfununity service programs, including sunmter school recrentional programs, which face loss of buth state and federal funds." Since CSRB 734 eliminates any future funding for summer recrentional and enrichment acLivitfes, this act ur.prrsses legislaLivu inLene that : ve.nue sharing funds should be used ter insure continuation of these ,trayrams. i _rinse the counties and the municipalities; are now completin,; acti.o:, their budgets for the next fiscal year beginning October 1, ir. a•a: I. e 7E!ed at the mc!eLing that every superinC::rtdent should contact th:, county commission and the city con,,Lssi.ons in his district to obtain '.rom them a statement of intention as to cahettler they plan to conduct . u❑mer recreational programs in c t df _ 1)%; and have includes! provlsi.on:; in _.air operating budget:; for funding such programs. I =.'._h district school board should also provide a statenwnt as to ics -icial stand reE;ardLu,; Such programs Lr Lhc sunuuul: of. 1974. In n :•rds, til;vr since tllcre arc no state Lands cnmi.n,; Co the school di:;l:ricC far this purpose, then the board should main: public now 1 Ls stand (h;tt it would not bo in a position to undertake Lhe funding of this 1) 1,U::m ne:;L Som^er. All Supurintunduntn -2•• Saptambar 1.11, 197:5, The Board of llireetorn fait: ntrongly that tha schools can heat coatlnua t:o pinn and nuporvisc Lho:;c neaded nct•.i.vIttea and that funding for Cheri Should remain a part of Lhu school financing program. Such uffurt toward e;inlntive action to reinat:itute the numnar rucroational program into ':•w School ftnancirq, formula will require documentation; LIMI the ca11 for action to obtain the uLntmn:nLo dener.lbod above:. of you are asked to anauma thla responnibility, obtain the. at:atemr_nts j^d forward them to my office for further coordinating action. Z, ;>robnbly would be well to hive publicity to the situation In your . strict flu that your interested public will be informed to the point ::n.!ce they can express their sentimonts to appropriate officials. L1.f D!r th TO: City Council. FROM: City Manager SUBJECT: 40 Hour Work Woek DA19:: October 5, 1973 Approximately 70 percent of our 49 employees work in the Department of Community Services and Department of Public Utilities. Personnel in these departments work 45 hours per week. (City Hall and Police Dispatchers work 40 and Police officers work 48) Presently we have 6 vacancies. All of the vacancies are in these two departments (6 vacancies out of 32 position including supervisory). Also, the two departments have a tremendous problem with turnover. Since the first of the year, we have had 45 resignations in these two depart- ments alone. A survey by the Florida League of Cities published last year indicated that the vast majority of Florida cities work their personnel 40 hours or less. Additional hours require overtime. This trend is increasingly apparent in private industry as well. As an added incentive to work for the City and to increase the hourly rate without increased expenditures, it is recommended that personnel in the Department of Community Service and Department of Public Utilities work 40 hours per week rather than 45 This recommended change in policy will certainly not solve our serious labor recruitment and retention problem, but it is felt to be necessary to reduce it. This matter will be presented for discussion at the Council meeting on October 9th. rt f. Hop n cc: Brady Mitchell Bob Smythe 1�1 GENERAL Automotive Electric Service Advance Electric Coble's Radiator Shop Clermont Hardware Clermont Auto Parts Clermont Medical Center Cauthen's Farmway Clermont Alignment D 6 D Fifth Street Grocery Eckord Drugs Engel's F 6 R Office Supply Goodyear Service Stores Hunt's Garden Center Hilltop Stationery Hwy. Equipment Inland Equipment Co. Jim Willis Hardware Kirkland Cabinet Shop Konsler Steel Co. KAR Products, Inc. Lake Apopka Natural Gas Mobil Oil Corporation Orlando Paving Prescott Tractor Sales, Inc. South Lake Press Standard Auto Parts, Inc. Superior GMC Trucks, Inc. Safety Lites Wolf Farms PUBLIC UTILITIES Clermont Bldrs. Supply, Inc. Clermont Medical Center Curtin Matheson Scientific, In Hughes Supply, Inc. Hill Mfg. Co. NCR Orlando Laborat6ries ACCOUNTS PAYABLE - OCTOBER 1973 (Vehicle Maintenance) (Fuses - Bulbs 6 Repairs Shuffleboard Lighting) (Vehicle Maintenance) (Gloves-Files-Ropo, etc.) (Equipment 6 Vehicle Parts) (Prisoner Expense) (Chain and Chain Bar) (Vehicle Maintenance) (Prisoner Supplies) (Film -Prints -Prisoner Supplles) (Police Uniforms) (Office Supplies) (Tires and Tubes) (Swan 6 dog Fced and AC/REC lot mowing) (Office Supplies) (Equipment Maintenance and Masonry Saw w/blades) (Equipment Maintenance) (Keys -Shovels -Steel Tapes, etc.) (Paint) (Oxygen) (Bolts -Nuts (Utilities)_ (Petroleum Products) (Asphalt Mix) (Hub -Axle -Bearing -Seals) (Publishing and Printing) (Vehicle Equip. 6 Bldg. Maintenance (Vehicle Maintenance) (Barricades w/flashers) (Sod) ACCOUNTS PAYBLE - OCTOBER 1973 38.88 MOD 19.79 70.17 82.14 7.00 h2.75 16.50 3.10 12.29 226.45 30.45 1117.60 665. 70 loo.66 424.5o 4o.62 39.13 15.92 12.00 47.52 31.00 374.72 47.82 21.01 88.90 36.09 90.80 331.22 20.00 $3,110.73 (Concrete) 47.84 (KnJections for Cowan) 4.o0 (Chemicals 6 Supplies) 26.38 (2" Pipe -Nipples, Valves, etc. Parts for Irrigation system ) 1,782.47 (Solvent) 235.63 (Water 6 Sewer Billings) 139.58 (Chemical Determinations) 30.00 2,2 _5 90