04-09-1968 Supporting DocumentsAft
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REGULAR MEETING
A regular meeting of the City Council of the City of Clermont was
held in the Council Chambers on Tuesday, April 9, 1968. The meeting was
called to order at 8:00 P. M. by Mayor lion Smith with all members present.
Other officials present were: City Manager Johnson, City Clerk Carroll,
Superintendent Sheldon, Building Inspector Snyder, City Controller Fleming,
Chief of Police Tyndal and Attorney Langley. Others present were: The
Messrs. C. A. Mangold, Herman Barberry and Dennis Wright. A representative
of the local Press was also present.
The invocation was given by Mr. Barberry.
The Minutes 6f the meeting held on March 26, 1968 were approved as
written.
Councilman Cochran reported that work was progressing on constructing
models of playground equipment of a polyhedron design.
Councilman Prior reported that he had met with State Geologists in
Ocala recently and had been advised by them that current maps of Lake
County water levels, etc. were being made and that in discussing the city's
current problem of the Bloxam Avenue well with them, they had questioned
the feasibility of having the well sealed off at 601. Councilman Prior
further reported that he had reported this to the City Manager. From this
discussion with State Geologists, Councilman Prior recommended that -
Michaels Engineering Company be instructed to ascertain whether or not
the casing in the well is perfectly sealed from the 420' level to the
top of the well, and, that a mineral analysis of the water is made.
Mayor Smith reported that he had attended the Municipal Court Session
on Monday, April 8th, and, that he, Judge Trvon and the Second Municipal
Judge, Col. Joe House were going to attend sessions of municipal court in
Leesburg, Eustis and Mt. Dora in the near future in order to make
comparisons with other municipal court procedures.
City Manager Johnson reported as follows:
The new street construction of East Montrose and East DeSoto is well
underway and should be completed next week; the bathing beaches were being
conditioned for the summer season; that he had been promised the building
on the MacDonald property would be moved the first of next week; that he
had been officially notified by HUD that a public facility assistance
grant and a property assessment loan had been authorized to assist the
city in construction of a Sanitary Sewer System; that after meeting with
Mr. Wagner, Fiscal Agent, and Michaels Engineering Company this date, that
it is necessary that Michaels Engineering Company be authorized, via
Resolution, to proceed with their engineering work, and he thereby recommended
that such Resolution be adopted, and, that Michaels Engineering Company
be authorized to proceed with recommending a location and cost estimates
for a new water supply well; that he had found it necessary to purchase
certain essential items for the Police and Fire Departments which were
unanticipated and unbudgeted, but that such expenditures would be covered
by savings in other departments.
Motion was made by Councilman Beals that total recommendations of the
City Manager as reported, be accepted. The motion was seconded by Councilman
Cochran. Upon roll call vote on passage of the motion the result was:
Ayes: VanderMeer, Cochran and Beals. Total Ayes: Three. Naves: Oswalt
and Prior. The motion carried.
Adk
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There was considerable discussion by Council regarding authorization
at meeting of March 26th to have the Bloxam Avenue well scaled off at
the 60' level, if this be the recommendation of Michaels Engineering
Company. City Manager Johnson stated that this was the recommendation
of Michaels Engineering Company and that he had instructed them to
proceed. Motion was made by Councilman VanderMeer and seconded by
Councilman Cochran that Michaels Engineering Company be instructed to
make a definite report to the Council as to the seal of the casing in
the well; to determine from analysis of the water if the substances in
the water are coming from inside the sealed casing which would indicate
a leak in the seal, or from above the seal; to make a check of the draw
down of the well during the pumping process, and, that if they were unable to
present a definite solution to the current problems in the well, to
contact a different source of their choice. Upon roll call vote on
passage of this motion, the result was: Ayes: VanderMeer, Oswalt, Cochran
and Deals. Total Ayes: Four. Nayes: None. Abstaining: Prior. The
motion carried.
City Controller Fleming read a letter from Mr. Robert Schumaker
of the local First Federal Savings & Loan Association wherein he advised
that in his opinion, the two separate trust accounts (Cemetery and
Mausoleum Perpetual Care Funds) presently deposited over and above
$15,000.00 in other funds would be covered by Federal Insurance, and
Controller Fleming inquired of the City Attorney for his legal opinion.
City Attorney Langley advised that in his opinion these funds would not
be covered and he recommended that they be withdrawn and placed in other
banking institutions where they would be covered.
Motion was made by Councilman VanderMeer and seconded by Councilman
Prior that the City Controller be authorized to pay out of Reserves
the sum of $1,000.00 for certain property on Chestnut Street; the purchase
of same having been authorized at the meeting of March 26, 1968: Upon
roll call vote on passage of the motion, the result was: Ayes: VanderMeer,
Cochran and Prior. Total Ayes: Three. Nayes: Oswalt and Beals, Total
Nayes: Two. The motion carried.
City Attorney Langley reported that he had written the George S. May
Company with regards the Council's desire to negate the contract with
them, but had not received a reply.
Councilman Beals reported that he had received a request from Municipal
Judge Tryon for certain changes to be made in the existing Ordinance 31-C,
such changes to be as follows:
From the present reading.of:..Said second municipal judge shall
serve in the absence or disability of the municipal judge
To: Said second municipal judge shall serve in the absence or
disability of the municipal judge and be subject to the mandates and
directives of the municipal judge.
and Councilman Beals recommended these changes be made. Considerable
discussion followed regarding this matter and it was the consensus of
Council that the City Attorney be instructed to confer further with Judge
Tryon and report back to the Council.
City Clerk Carroll read a letter from Mr. Gerald L. Dake wherein he
requested that he be appointed as Planning Consultant for the City of
Clermont inasmuch as he was still actively engaged in working with the
Council and the Zoning Board on the proposed new zoning changes and was
no longer associated with the firm of Adley and Associates who felt they
had completed the terms of their contract with the city.
Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer,
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and carried that Gerald L. Dake be appointed as Planning Consultant
for the City of. Clermont.
It was the consensus of Council that the City Attorney be instructed
to examine the contract between the City and Adley and Associates to
determine if terms of same have been completed and report back, to the
Council at the next meeting.
Councilman Prior read a letter from the Mayor of the City of Apopka
wherein he expressed appreciation to Mr. Prior for his attending the
Apopka Foliage Festival recently as representative of the City of Clermont.
Motion was made by Councilman Beals, seconded by Councilman Prior
and carried that the bills be paid.
Councilman Beals offered and moved the adoption of. AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA
REPEALING ORDINANCE NO. 2-17 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, FLORIDA AND PROVIDING FOR TILE SETTING OF COMPENSATION
OF THE POLICE CHIEF, THE MAYOR -COUNCILMAN AND THE COUNCILMEN OF SAID CITY
OF CLERMONT, FLORIDA and the ORDINANCE was read in full for the second
reading. The motion was seconded by Councilman VanderMeer and upon roll
call vote on passage of the ORDINANCE the result was: Ayes: VanderMeer,
Oswalt, Cochran, Beals and Prior. Total Ayes: Five. Nayes: None.
So the ORDINANCE was adopted and the Number 38-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, DEFINING JUNK YARDS:
PROHIBITING THE SAME EXCEPT BY LICENSE: PROVIDING FOR THE PENALTY FOR THE-
VIOLATION
THEREOF: PROVIDING FOR SEPARABILITY: PROVIDING AN EFFECTIVE
DATE AND THE ORDINANCE was read in full for the first reading.
Councilman Beals introduced AN ORDIANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 8 OF
SAID CODE OF ORDINANCES and the ORDINANCE was read in full for the first
reading.
Councilman Beals offered and moved the adoption of a RESOLUTION
pertaining to street improvements and special assessments for East Min neola
Avenue, between Scott Street and Disston Avenue, a distance of approximately
600 feet. The motion was seconded by Councilman Cochran and unan
Councilman Cochran offered and moved the adoption of a RESOLUTION
imou carried. The Number 127 was assigned to it and a copy ordered posted s,
authorizing Michaels Engineering Company to perform certain engineering services in connection with the sanitary sewer project. The motion was
seconded by Councilman VanderMeer and Carried. The number 128 was assigned
to it and a copy ordered posted.
Y
Councilman Cochran reported to the Council that he had been advised
that a member of the City Council had publicly remarked to an official
of Blue Goose Growers, Inc. that Council was not desirous of retaining
this industry in.Clermont. Considerable discussion followed regarding
this matter and it was the consensus of Council that it be made a matter
of record that the Council is desirous of retaining any/all industry in
Clermont. Councilman Prior stated that he felt this remark was against
the integrity of the Council and he wished it be a matter of record that
he had not made the remark and would not hesitate to sue for defamation
of character.
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520
Councilman Prior reported that he had been requested to include
playing fields for Babe Ruth and Pony Leagues in the proposed planning
for the MacDonald property, in addition to the Little League, inasmuch
as they would be of different dimensions than the Little League fields.
Controller Fleming reported to the Council that Bernard VanderSchuur
has stopped payment on his check in the amount of $65.00 which he had
given the city as a retainer on purchase of the building located on the
MacDonald property, and, that the City Manager had been unable to locate
Mr. VanderSchuur. This matter was referred to the City Attorney.
Controller Fleming read a petition from interested property owners
wherein they requested the paving of Osceola Street from 8th Street to
West Avenue. It was the consensus of Council that inasmuch as the petition
had only been signed by 35% of the property owners on one side of the
street, and there was a question of the number of eet of right -of. -way,
that the City Manager be instructed to contact the Atlantic Coast Line
Railroad regarding the right-of-way and to obtain a cost estimate for
paving same.
Motion was made by Councilman Beals, seconded by Councilman Prior
and carried that the meeting adjourn.
Don E. Smith, Chairman
f
Dolores W. Carroll, City Clerk
Uur new stinets cmvw i.cri;t rciii *,�o.,,;,! T'.eSC1:o is
well. �,jncj too jm3z shwo W cmq4&Kw �nt mak. Some winzte
parl:inf axe..s are
Each of our batiAng acnChas an heinS ccn,1:1U5x,ncx_end made ready
for the 9*,.!mY,,ieY' soawn. 1 inva INT prmbod Qvt the MacDonald
wesiVence will be Twmd 0 a Emu ck n"T xmk.
I havR boom officially DY VU), of that both a
public facility assistanci grant ond a *,,;--cpc�2:",.y aszass.-Iont loan,
have been &;-*vt}-,orizee to 0007L .-14, in i-KE cons-I.-':c.tion of a Sanitary
Sewer
Mr. Fleming and I hale been ij, all aft:oarnoon with
Michaelz Coiap,iny cnid GW. WaVmr, our Fiscal Agent, with
regards to our proposed m!wcr sysLiLw. I;: appear -that our first
action, and one which should be Wen twiOR, is to authorize by
Resolution: michztels Engineering company to proacce with their
engineering I have prepa,.,ccu a Rcrolution for your consideration
concerning this matter. yt is a3xc, my recommendation that Michaels
Engineering Ccmpany be to proceed with the preliminary
work., including a- recommcv-ded location are Cost estimates For a new
water supply well.
It is necessary that I purchase cartain minor equipment purchases
for the Police and Fire D-epart-alnnL. Thcse purchases are for unanticipated
and unbudgated items which. I nciq consieer essential. These unbudgeted
expenditures will ta cove---ed ',y in othar denartments.
.."A. 14, Johnson