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06-13-1972 Supporting DocumentsMINUTES NQ 818 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, June 13, 1972. The meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with the following members present: Councilwoman Watson and Councilmen Smoak, Beals and Schroedel. Other officials present were: City Manager Hopkins, City Controller Fleming, City Attorney Langley, Director of Community Services Smythe, Utilities Superintendent Asbury, Chief of Police Tyndal and Deputy Clerk Dollar. Others present were: Miss Robin Smythe, Mrs. Joan Modica, Mr. and Mrs. John Aull, Mr. and Mrs. W. Hoebeke, and Messrs. Williams, Hindeman, Wootson, Czech, Shumaker, Middleton, Holtzclaw, Kamanar, Hazucka, Hawley and Dr. C. Anderson. The Invocation was given by Councilman Beals followed by repeating of the Pledge of Allegiance in unison by those present. Paragraph 4 of the Minutes of the meeting held on May 23, 1972 were amended to read "Councilman Smoak also inquired of Mr. Poynter if there had been any additional costs involved for them working under a Planned Unit Development, and Mr. Poynter replied that there had not been. In paragraph No. 3 under Public Hearings, Mr. Richard Langley stated that he would observe a 50' set back along the north side of his property". The minutes were then approved as amended. Mr. Bill Kamanar, proprietor of the Florida Motel, appeared before Council stating that he had applied for a building permit to construct a swimming pool, but had been advised that under the Zoning Ordinance the permit could not be issued unless he complied with the ordinance requirements for a 6 foot fence to enclose the pool. He requested Council to waive this requirement for a fence. Upon recommendation of the City Attorney, motion was made by Councilman Beals, seconded by Councilman Schroedel, that an amendment be prepared to the Zoning Ordinance, Section 26-66 excepting the requirements of enclosing swimming pools by a fence at commercial establishments catering to transient guests, and that the City Manager be authorized to issue a permit to Mr. Kamanar under this exception. Upon roll call vote on passage of the motion the result was: Ayes: Schroedel, Watson, Beals and Smoak. Total Ayes: 4. Nayes: Smith. Total Nayes: 1. The motion carried. A final plat of Edgewood Subdivision was submitted to the Council by Mr. W. L. Williams of Williams & Wade Construction Company, Inc. Motion was made by Councilman Schroedel, seconded by Councilwoman Watson, and carried, that the final plat of Edgewood Subdivision be approved as submitted. Mr. Ira Lee Wootson, Pastor of the Church of God in Christ, appeared before the Council and requested permission for a building permit for additions and expansion to the church. Mr. Wootson was advised to contact the City Manager so that the steps needed to be taken to acquire a building permit could be thoroughly explained to him. City Manager Hopkins submitted his report both orally and written and a copy is attached hereto. Concerning an amendment to the Personnel Manual covering a requirement under the Revenue Sharing Act that the city provide a salary incentive program for its Law Enforcement Officers in accordance with the State Statute, motion was made by Councilman Schroedel, seconded by Councilwoman Watson, and carried, that the City Manager be authorized to add Section 3.15 to the Personnel Manual to incorporate a provision covering a Salary Incentive Program as required by State Statutes under the Revenue Sharing Act. Councilman Beals offered and moved the adoption of a RESOLUTION providing for compliance with certain requirements under the 1972 Florida Revenue Sharing Act. The motion was seconded by Councilman Smoak, and unanimously carried. The RESOLUTION was read in full by City Manager Hopkins. The Number 193 was assigned to it and a copy ordered posted. City Manager Hopkins stated that the State wants to know if Clermont has any city -owned property which could be included in the wilderness system. So that he may advise the State in this regard, he requested Council to report on this request at the next Council meeting. City Controller Fleming reported that he hoped to have a Financial Progress Report on the Sewer System for the Council at their next meeting. He further stated that MINUTES N4 819 the Resident Project Engineer assured that sufficient money is available from the original plan to handle all the additions and extensions, which he considers very encouraging. Regarding the construction of additional tennis courts, brought up by Mr. Schroedel, the City Manager was direeted to study the feasibility of constructing tennis courts on city -owned property on 12th Street and to obtain cost estimates. Councilman Schroedel, liaison representative to the Cooper Memorial Library, reported as follows: That he had attended a library board meeting yesterday and that the board is very appreciative of work done by the city in cleaning up the curbing; that painting continued on the building, that the library is still attempting to acquire funds to build an addition; and that 2,000 books had been circulated last month. Motion was made by Councilman Beals, seconded by Councilman Smoak, and carried, that the quills be paid. Councilman Smoak, referring to Section 60(Regulations subject to change, protest and hearings) of the Charter, requested that the Introduction and First Reading of the Ordinances pertaining to the Langley property and the Nagel Property be held in obeyance until a legal opinion was received from the League of Cities Attorney concerning the zoning change, since 20 per cent of the abutting property owners objected, and the change was passed by a 3-2 vote of the City Council. Section 60 was read by City Manager Hopkins. Motion was made by Councilman Smoak, seconded by Mr. Schroedel, that the reading of the ordinances be held in obeyance pending receipt of the legal opinion requested. Upon roll call vote on passage of the motion the result was: Ayes: Schroedel. Total Ayes: 1. Nayes: Smith, Watson and Beals. Total Nayes: 3. Abstaining Smoak. The motion failed to carry. Mr. Smoak also recommended that the ordinance concerning the rezoning of the Langley property include that the property owner will maintain a 50 foot buffer strip on the north side of his property. Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF TRACT 61, LAKE HIGHLANDS SUBDIVISION IN SECTION 18, TOWNSHIP 22 SOUTH RANGE 26 EAST, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY FLORIDA, FROM THE PRESENT R-1 ZONING TO R-3 ZONING: ALSO CHANGING THE ZONING OF LOT 5, BLOCK F, LESS THE NORTH 167 FEET THEREOF, MORE OR LESS, BUT INCLUDING THE WEST 60 FEET OF THE NORTH 167 FEET, MORE OR LESS, AND ALL OF LOT 6, BLOCK F FROM THE PRESENT R-1 ZONING TO R-3A ZONING, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 INCLUSIVE. The Ordinance was read in full for a first reading by City Manager Hopkins. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF ALL OF BLOCK 19 AND LOTS 3, 4 and 5 IN BLOCK 20 AND ALL LAND LYING BETWEEN THESE LOTS AND CRYSTAL LAKE, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, FROM THE PRESENT R-1 ZONING TO R-3A ZONING. The ORDINANCE was read in full for a first reading by City Manager Hopkins. Council Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF BLOCK 17 IN HILLSIDE TERRACE SUBDIVISION, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 3, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA FROM THE PRESENT R-1 ZONING TO R-3A ZONING. The ORDINANCE was read in full for a first reading by City Manager Hopkins. Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF JUNIATA STREET LYING WEST OF THE WESTERN RIGHT-OF-WAY OF SECOND STREET TO THE WATERS EDGE OF CRYSTAL LAKE, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8,PAGES 17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA. MINUTES NQ 820 The ORDINANCE was read in full for a first reading by City Manager Hopkins. Following further discussion on Mr. Smoak's objection the the reading of the Ordinances, the City Manager was directed to request a legal opinion from the Attorney General as to whether city owned property should or should not be included when determining the percentage of objections to a rezoning issue, and also, since one of the Councilmen is one of the objecting, abutting property owners, should he be allowed to vote or should be abstain because of a "conflict of interest". Councilman Beals introduced AN ORDINANCE AMENDING SECTION 5-1 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA. The ORDINANCE was read in full for a first reading by City Attorney Langley. Councilman Beals introduced AN ORDINANCE AMENDING SECTION 23-1 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA. The ORDINANCE was read in full for a first reading by City Attorney Langley. Mayor Smith read a letter from David T. Kennedy, Mayor of the City of Miami, in which he ugred the Council to go on record, by Resolution, expressing support against a State Personal Income Tax and support of an amendment to S 3651 General Revenue Sharing Bill which would eliminate the penalty against Florida and other states without the State Income Tax. Motion was made by Councilman Smoak, seconded by Councilman Beals, and carried, that a resolution be prepared for adoption expressing support for both the Gurney Amendment and S 3651. Mayor Smith read a letter from W. A. Milton, Jr., County Judge, regarding the implementation of Senate Joint Resolution No. 52-D, concerning Florida's new Court co Reform Act. The City Manager was directed to reply to this letter, enclosing a PY of Resolution No. 191, in which the Council opposed revision of Article V. Councilman Beals referred to a recommendation of the P&Z Commission that consideration be given to preservation of trees and landscaping in the construction of parking areas. Following a discussion, the City Manager was requested to study this recommendation and prepare the necessary ordinance, at the earliest possible time, for Council Is consideration. Councilman Smoak stated that the radio agreement between the Town of Minneola and Clermont has been brought to his attention and in looking into the matter he was of the opinion that a fair share of the costs were not being borne by Minneola and quoted some cost figures of operation. The City Manager was asked to work up additional cost figures on this operation and make a recommendation to the Council. A Work Session was secheduled for Tuesday, May 20, 1972 in the City Manager's Office at 7:30 P.M. to discuss improvements to the Water Distribution System. The meeting was adjourned by Mayor Smith. Don E. Smith, Mayor Mildred Dollar, Deputy Clerk CITY MANAGER'S REPORT The routine business of the City is being conducted as usual. Effective June 1 we employed a new patrolman in the Police Department. The young man is Robert Ellrodt. He meets all the requirements of the Florida Police Standards Council and should be an asset to the department and the community. We now have life guard coverage at our two beaches on a daily basis. The schedule is as follows: Jaycee Beach - Monday thru Friday, 1 P.M. - 7 P.M., Saturday 10 A.M. - 6 P.M. and Sunday 10 A.M. - 6 P.M. West Beach 10 A.M. - 6 P.M. daily. In March, members of the Council were given material relative to the State Wilderness System Act. Basically, the State wants to know if Clermont has any city -owned property which could be included in the wilderness system. Any area designated will be permanently set aside to be preserved in its natural state. So that I may advise the State in this regard, a determination needs to be made by the Council as to any land to be included. As has been mentioned before, cities must meet certain requirements in order to qualify for Revenue Sharing. One such requirement is that the city provide a salary incentive program for its police officers in accordance with the State Statutes. Members of the Council have been furnished a proposed amendment to our Personnel Manual which will enable us to meet this requirement. Council approval is requested. We have nothing to report at this time regarding the Konsler Steel drainage problem. We have had to consult with the Department of Transportation regarding their require-. ments at SR 50 with respect to drainage improvements. We hope to have additional information at the next meeting. For some time we have been considering improvements to our water system. Funds were included in this year's budget for improvements to one of the wells, but have never been expended. Prior to expending money for any improvements it is requested that we have a work session to discuss the matter. Rob 11i Mm. H�R.,L'' June 13, 1972 AM qW ACCOUNTS PAYABLE - IMY 1972 Al Ewing Ford, Inc. Cal Hegstrom Co. Central Florida Fire Equip. Cities Service Oil Co. Clermont Hdwe & Supply Clermont Auto Parts, Inc. Clements' Pest Control Credit Bureau Clermont Bldrs. Supply Coble's Radiator Service Del Chemical Corporation D&B Fifth Street Grocery Dixie Lime and Stone Co. F&R Office Supply Gem Chemical Company G1enMar Electronics Glen Joiner & Son, Inc. Gladiator Athletic, Inc. Herb's Ice House Hunt's Garden Center, Inc. Hughes Supply Hilltop Book Nook Jahna Industries, Inc. Jim Willis Hardware Jack Cocke & Co., Inc. Inland Equipment Co. Konsler Steel Co. Kar Products, Inc. Kirkland Cabinet Shop Lambert Corp. of Florida R. H. Langley Lundberg Auto Electric Lake Apopka Gas McCain Sales of Florida, Inc. Madden's Electrical Service National Linen Service Master Clutch & Engine Orlando Paving Prescott Tractor Sales, Inc. Pounds Motor Co., Inc. Stoney's Hi -Lift Service South Lake Press Standard Auto Parts, Inc. Superior GMC Trucks, Inc. The Goodyear Tire & Rubber Co. Whirler -Glide Mower Co. Western Auto Store Williams & Wrightam B & H Sales, Inc. Charles Sales Clermont Auto Parts Clermont Bldrs. Supply EmCor, Inc. G1enMar Electronics Hughes Supply, Inc. Hunt's Garden Center Jim Willis Hardware Layne -Atlantic Co. NCR Oxford Chemicals Southern Meter South Lake Press Southeastern Municipal Supply Standard Auto Parts Whirler -Glide Mower Co. C. $ 6.04 13.50 86.75 612.80 23.99 34.73 24.00 15.00 405.04 11.19 148.35 34.97 57.66 63.30 105.15 118.60 150.60 18.90 12.40 61.79 19.35 73.03 7.25 112.41 118.00 70.99 40.00 263.88 19.52 12.00 60.00 15.90 19.50 30.00 53.50 26.00 153.35 28.44 105.02 17.25 34.88 34.60 Vehicle Maintenance Office Supplies - Copystate) Extinguiers] PetroleumshProducts) Gloves & Bldg. Maintenance) Equipment Maintenance) Building Maintenance) Property Transactions) Boat Ramp Materials and Building Maintenance) Equipment Maintenance) Reflective Coat in ) Prisoner Supplies Limerock) Chair Mat - Trays -Office Supplies) Brooms - Floor Finish) Radio Maintenance Equipment Maintenance) (Recreation Equipment) Ice for city crews) Grass Seed- Duck & Dog Feed) 130 V Bulbs) Office Supplies) Sand) Cord -Chain -Hoist, etc.) (Signs) Truck Maintenance) Steel Plate) Nut & Bolt Assortment -Grinding Disc etc Paint) (Cement -Color Green) (City vs Holloway) (Tractor Maintenance) (Utilities) (Aluminum Blanks) (Bldg. Maintenance) (Bldg. Maintenance) (Clutch Cover & Disc) (Asphalt Mix) (Manifold & Muffler) (Adapters) (Clamshell Shaft, Bearings) (Advertising) (Public Works Supplies and Vehicle Equipment Maiantenance) 165.73 (Vehicle Maintenance) 129.16 (Tires and Tubes) 235.52 (Mower) 110.00 (Batteries) 12.00 (Vehicle Maintenance) 63.02 4035.06 UTILITIES FUND (Repair Clamps) 164.46 (Bushings, Nipples, etc.) 59.54 (Rags) 4.80 (Paint - Mortar Mix) 89.57 (Concrete Seal & Cleanor) 68.44 (Remote Unit) 220.00 (Hydrant Ext.-Ells-Gate Valves, Meter Boxes - Hose Bibbs, etc.) 511.38 (Plants) 22.00 (Keys & Hacksaw Blades) 9.00 (Removal -Repairs and Re -installation of Pump) 1,060.96 Water Billing Cards) 135.11 ,Johnston Pro-MeCementdp eRepair) Pipe&&8" Meter 395.92 (Deposit Books & Sewer Notice Letters) 55.85 (Meter repair parts) 35.18 (Emery Cloth) 7.50 (Rotary Mower) 110.00 $ 3025.21