09-24-1974 Supporting DocumentsMINUTES M 1059-
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, September 24, 1974. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Waller, Byrd, Schroedel and Oswalt. Other officials present were:
City Controller Fleming, Deputy Clerk Dollar, City Attorney Vason, City Manager
Hopkins, Director of Community Services Smythe and Chief of Police Tyndal. Others
present were: Mrs. P. Boman, Mr. and Mrs. Perry, Mr. and Mrs, Davis, Messrs.
Beals, Adair, Czech, Ellingham, Rodi, Schumann, Ilovis, Sargent, Bailey and Carden.
A representative of the Daily Commercial was also present.
The Invocation was given by Councilman Byrd followed by the Pledge of Allegiance
repeated in unison by those present.
The Minutes of the meeting held on September 10, 1974, were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to consider
the request of the Seventh Day Adventist Church for a CUP to allow construction.
of a church and community service building on Lots 12, 13 and West 25 feet of
Lot 14 in Block 5 of Sunnyside Unit Subdivision. Mr. Ellingham of W. R. Frizzell,
Architects, Inc. appeared before Council in behalf of this request. Inasmuch as
the site plan presented was not in accordance with the changes discussed between
the City Manager and another representative of the architectural firm, at the
suggestion of Mayor Smoak the Public Hearing was continued until the October B,
1974 meeting and until Council has final plans and drawings that they can review
an analyze to make a responsible decision.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
requests of Mark V Ltd., Inc., for a Variance to Section 26-23 (E) (2) of the
Zoning Ordinance (SETBACKS IN AN R-3 ZONE) on their property described as the
West 20 feet of Lot 12 and the East 30 feet of Lot 14, in City Block 113,
and the West 43 feet of Lot 10 and the East 20 feet of Lot 12 in City Block 113.
There was no one present who voiced objection to the request, whereupon motion
was made by Councilman Schroedel seconded by Councilman Oswa an carried
Mr. Marvin Sutton appeared before Council and requested that consideration be given
to paving Osceola Street between West Avenue and Eighth Street to alleviate the
dust problem. City Manager Hopkins advised that previous consideration had been
given to the improvement of this street, however, there appeared to be no inexpensive
way in which it could be improved. Following further discussion, motion was
Marla by r.mincilman Oswalt, seconded by Councilman Waller that the City Manager
neighborhood of 2,000. Upon roll call vote on passage of the motion the
were: Ayes: Waller, Byrd, Schroedel and Oswalt. Total Ayes: Four. Nayes:
None. Abstaining: Smoak. The motion carried.
City Manager Hopkins reported on a meeting with the Library Association and the
City Council to discuss the City of Clermont/Cooper Memorial Library Association
relationship. In a subsequent memorandum to Coucil (copy attached) City Manager
Hopkins stated that it was his position that City Council should exercise greater
control over the expenditures of library funds, appropriated by the City,and
outlined two organization structures, other than the non-profit, autonomous
library association, for consideration and the advantages and disadvantages of this
approach. Councilman Schroedel, as liaison between Council and Library Board,
stated that he felt the Library was functioning in a very capable manner and that
at this moment he could not vote against or for a change. Mayor Smoak stated that
he agreed with the City Manager's suggestions to an extent, that the City Council
should be accountable to the people of Clermont for this substantial portion of
the ad valorem taxes, but felt that to take over the library in its entirety
would be a greatly increased cost to the city. He further stated he felt a meeting
should be held between the Council and Library Board to review the proposal and to
come to an agreement.
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M I N U T E S NO, 1060
City Attorney Vason reported that the Peter H. Johnson case is scheduled for
a preliminary hearing on October 1st and that he feels certain the case will be
set for trial at that time.
WallacemE. Sturgis, Jlr., "commanding thatea buildingrpermitmbedissuedrto theJe
Petitioners, Citrus Shoppe, Inc. (Crystal Lake Apartments), for the project,
timely and promptly inspect the progress of said project and issue a certificate
of occupancy upon satisfactory completion of the project, or, that you show
cause before this court, at the courthouse in the City of Tavares, Lake County,
on October 14, 1974, at 10:00 A. M. why you have not done so". City Attorney
Vason explained that the proceedings filed asked that the Court compel the City
of Clermont issue a building permit for Crystal Lake Apartments.
Mayor Smoak announced that as soon as he had a confirmed date, he will notify
the members of the Clermont Lakes Improvement Committee of a public hearing
to be held in Orlando by the East Central Florida Regional Planning Council with
regards to petitioning for South Lake County to be included in the boundaries
entitled to apply for Federal Monies for storm sewers.
Councilman Schroedel inquired as to the status of a recommendation on the request
of Coach Clifford Cox for the city to provide outdoor basket ball court(s). City
Manager Hopkins advised that no recommendation had been prepared.
Councilman Schroedel inquired if there was something wrong with the lights at the
tennis court, as he had noticed one hangs over and lights up the Christian Science
Schurch. City Manager Hopkins advised that there is something wrong with the igiht
and the gentleman who made the initial installation has been requested to make
the correction but he had not gotten to it as yet.
Councilman Schroedel inquired as to the extent of the loan that Dawkins & Associates
had been authorized to apply for to FHA for water main and sanitary sewer
extensions. Information is presently being prepared in order that a presentation
can be made to FHA.
Councilman Schroedel inquired if payment had been made to Michaels-Stiggins, Inc.
for work done on the sanitary sewer system. City Manager Hopkins advised that
payment was pending preparation of the legal document granting use of sewer plans
for the Minnehaha Estates Subdivision.
Councilman Schroedel inquired if it is the city 's reponsibility to remove residue
from the building which was burned down on Chestnut Street. City Manager Hopkins
advised that the property owner had agreed to remove the material, but has
been slow to respond, and has been again notified.
Councilman Oswalt reported that in a meeting of the Clermont Lakes Improvement
Committee on September 12, 1974, Sanford Young, biologist with Biological Research
Associates of Tampa, had been authorized to approach the proper authorities while
in Tallahassee on other matters and to gather information regarding assistance
in the project. No action has been taken pending approval of the budget, but
it is the intention of the Committee to retain the services of Mr. Young when funds
are approved.
Deputy Clerk Dollar read a communication from the Lake County Economic Opportunity,
Inc. wherein they requested Council to nominate a member to serve on their Board
of Directors for next year. It was consensus of Council that they did not wish to
nominate anyone at this time.
The Mayor advised of the following communications he had received. A letter from
the Honorable Gerald R. Ford, President of the United States, wherein he expressed
thanks and appreciation for the Resolution of Support; A letter from James C.
Walkins, County Clerk, advising that due to the states -request for reassessment
of Lake County Tax Rolls the rolls will not be completed by October 1;
MINUTES No 1061
The Lake County Board of Commissioners has requested that all tax reccipent
agents be notified that there may be a "substantial delay" in receiving 1974
Controliregardingtour fappliicatioln for soperatingcper•mit for the sey, iretor of the esewCounty Pollution
sewage treatment
plant, in which he stated he was recommending a one year temporary operatingent and
t of the offlu
permit ete the isnext scheduled
meeting of the Pollution Board on October 14th to request variance for this
discharge. Mayor Smoak urged that all the members of Council, who can, attend
this meeting and requested the City Manager to compile information for
presentation to see if we can not get the temporary or permanent permit
resolved in Lake County.
Councilman Oswalt offered and moved the adoption of a RESOLUTION ESTABLISHING
A REGIONAL WORM. EXPERIENCE (CADET) PROGRAM AND AUTHORIZING THE CITY OF CLERMONT
TO MAKE APPLICATION UNDER PL 90-351. The RESOLUTION was seconded by Councilman
Waller and unanimously carried. The RESOLUTION was read by City Attorney Vason,
by title only, and the Number 239 assigned to it,
Councilman Byrd offered and moved the adoption of a RESOLUTION PROVIDING FOR
1THE 4UNICIPALSWATER �AND NSEWER TSYYSTEM AUTHORIZING THE EISSUANCE NSIONS NOFIMPROVEMENTS O THE
NOT EXCEEDING
$155,000 WATER AND SEWER REVENUE BONDS, SERIES 1975, TO FINANCE THE COST
THEREOF; PLEDGING THE NET REVENUES OF SAID SYSTEM, CERTAIN MUNICIPAL EXCISE TAXES
AND ALL MONEYS OF THE CITY DERIVED FROM SOURCES OTHER THAN AD VALOREM TAXATION
AND LEGALLY AVAILABLE FOR SUCH PURPOSE TO SECURE THE PAYMENT THEREOF; AND
PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS, The RESOLUTION was
seconded by Councilman Schroedel. Upon roll call vote on passage of the motion
the results were: Ayes: Waller, Schroedel and Smoak. Total Ayes: Three.
Nays:wasereadObsl.;lt ad Byrd. Total ylCitysAttorney Vason, Nbyetitle V�only, and the o. The sNumber e240 assigned
d. The LUTION
to it.
Councilman Waller offered and moved the adoption of a RESOLUTION AUTHORIZING THE
ISSUANCE OF NOT EXCEEDING $155,000 WATER AND SEWER REVENUE BONDS ANTICIPATION
NOTES OF CITY OF CLERMONT, FLORIDA; PROVIDING FOR THE PAYMENT THEREOF AND
ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH THE HOLDERS THEREOF. The
motion was seconded by Councilman Schroedel. Upon roll call vote on the
motion the results were: Ayes: Waller, Byrd, Schroedel and Smoak. Total Ayes:
Four. Nayes: Oswalt. Total Nayes: One. The motion carried. The RESOLUTION
was read, by title only, by City Attorney Vason, and the Number 241 assigned
to it.
City Attorney Vason reported on a tentative outline of procedures for effecting
changes in the Charter and Municipal Code, recommending that committees be
appointed to propose definitive revisions. The Mayor recommended that a member
of the community in the Construction business be considered to serve on the
committee for Building Code Revisiions; that at the next regular Council meeting
he will approach Council with a list of names for their approval to fill these
committee positt n:
With regards the Delinquent Special Street Paving Assessments the City Attorney
apprised Council of the lengthy time consuming aspects of preparing the
list for collection by legal means, and of the expenses involved to the property
owners. City Attorney Vason was instructed to pursue the collections by a
letter to the delinquent property owners, informing them of the amount due,
and the potential costs that could be involved if legal action is taken. As
an outcome of this discussion on paving assessment, it was brought out that
in future paving assessments the policy of the city should be to have all the
liens recorded.
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MIND MS NV 1062
City Manager Ho;,kins reported on expansion plans proposed by the Cooper Memorial
Library and it was decided that further discussion of this matter would be taken
up in a work meeting with the Library Board.
Discussion of the proposed 1974-75 General Fund Budget was postponed to a
Special Meeting to be hold on September 25, 1974.
Mayor Smoak called a Special Meeting of Council to be held at 7:30 P. M. September
25, 1974 in the City Manager's office. The Agenda to be to consider the
recommendations of Dr. Fogler regarding the city's pension program and to
discuss the preliminary and revised 1974-75 General Fund Budget.
City Manager Hopkins reported that in the consideration of replacement of the
existing swimming pier at Jaycee Beach and the intention of the City to apply to
the Department of Natural Resources for a grant to finance the construction, a
permit must be obtained from the Southwest Florida Water Management District
and possibly a permit from the Internal Improvement Fund; To obtain these permits,
plans and specifications must be submitted on the structure certified by an
engineer or architect. Nick Jones, Architect, in a letter dated September 19th
proposes to prepare schematic drawings and cost estimates for a new swimming
pier at a fee not to exceed $300.00 and in a letter dated September 13th,
he proposes further work, namely development of a comprehensive plan for Jaycee
Beach at a fee not to exceed $2600.00. City Manager Hopkins recommended that
Mick Jones be authorized to develop the drawings and cost estimates for a new
swimming pier and that Council consider the comprehensive plan for Jaycee Beach.
Motion was made by Councilman Schroedel, seconded by Councilman Oswalt, and
r +„ Manannr a iut nr �c to antar ntn an agreement wlntfi ck
at a fee not to exceed 300.60. No action was taken on consideration of an overall
comprehensive plan for Jaycee Beach.
Mr. Tom Adair volunteered to give the City a cost breakdown on the plans for
the pier free of charge, following the architect's study. His offer was
accepted by Council.
The meeting was adjourned by Mayor Smoak at 9:30 P. M.
e QI/
Claude E. Smoak, JrMayor
Mildred Dollar, Deputy Clerk
MINUTES M 1063
SPECIAL. MEETING
A Special Meeting of the City Council was hold in the City Manager's Office en
Wednesday, September 25, 1974, with the following members present: Councilmen
Oswalt, Byrd and Schroedel. City officials present wore.: City Manager Hopkins,
City Controller Fleming and Chief of Police Tyndal. Others present were the
Messrs. H. Czech, R. Carden and Dr. li. Russell Fogler.
The Mayor advised the purpose of this Special Meeting was to discuss a report• of
Dr. H. Russell Fogler, Associate Professor, from the University of Florida,
concerning the General Employee Retirement Pension Trust Fund; that the second
order of business was to discuss and take action on the Tentative General Fund
Budget for the fiscal year 1974-75.
Mayor Smoak extended Dr. Fogler an official welcome to the City. After a few
brief remarks on the report, the floor was given to Dr. Fogler who explained his
report, how he arrived at it, what he was trying to show and the recommendations
he wanted to make. He went into some detail on how retirement plans had been
arrived at, how conditions such as the present inflation, rise and fall of
the stock market and kindred and like circumstances affect retirement funds.
Dr. Fogler recommended what he considered appropriate percentages of investment
in different types of securities, such as stocks and bonds and stressed that to
have successful investment plans considerable attention has to be given to the
trend of the market and every effort should be made to have a diversified list
of stocks instead of being satisfied with only a limited few stocks. Also he
considered it wise to stay with stocks listed on the Exchange. In view of this,
he suggested consideration might be given to listed stocks. He suggested, too,
that investments should be looked at by industry rather than individual stocks
and explained his reason for this thinking.
After Dr. Fogler completed his comments on the report, the Council members were
invited to ask questions, which he answered in considerable detail. After the
questions and answers, Mayor Smoak brought up the idea of retaining Dr. Fogler to
review the "Retirement Trust Portfolio" from time to time and to give the city
his comments and recommendations. A fee was discussed and it was agreed that
Dr. Fogler will advise City Manager Hopkins, by letter, an exact fee for this
service. The Mayor than thanked Dr. Fogler for appearing before Council.
The Tentative General Fund Budget for the 1974-75 fiscal year was reviewed,
with revisions as discussed at work sessions. Considerable discussion was held
on some of the items, after which motion was made by Councilman Schroedel,
seconded by Councilman Byrd, and unanimously carried that the Tentative
General Fund Budget for the Fiscal Year 1974-75 be adopted.
/�O -
Claude E. Smoac, r., Mayor
M. Dollar, Secretary