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03-12-1968 Regular Meeting . . MINUTES N~ 3E1Ela 508 REGULAR MEETING A regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 12, 1968. The meeting was called to order at 8:00 P. M. by Mayor Smith will all members present. Other officials present were: City Manager Johnson, City Clerk Carroll, City Controller Fleming, City Attorney Langley, Superintendent Sheldon, Inspector Snyder and Chief of Police Tynda1. Others present were: Messrs. Herman Barberry, C. A. Mangold, Dennis Wright, Jimmy Lee Jackson and a representative of the George S. May Company. Representatives of the Leesburg Commercial and the local Press were also present. The invocation was given by Mr. Barberry. The minutes of the meeting held on February 27, 1968 were approved as written. OLD BUSINESS Councilman Prior advised that inasmuch as a motion to engage the firm of George S. May Company, Efficiency Experts, had failed to carry for lack of majority vote at the meeting of February 13, 1968, and, at which meeting he had been absent, that he, therefore, moved that the firm of George S. May Company be engaged to analyze city operations and submit an efficiency report to the Council at a cost of $250.00. The motion was seconded 'by Councilman VanderMeerp Councilman Oswalt offered an amendment to the motion whereby the City Manager be instructed to make and handle all the arrangements with the George S. May Comapny and this amendment was accepted. Upon roll call vote on passage of the motion, the result was: Ayes: VanderMeer, Oswalt, Cochran, Prior. Total Ayes: Four. Nayes: Beals. Absent: None. The motion carried. Councilman Prior expressed dissatisfaction with the recent survey of traffic on Highway #50 throughout the City inasmuch as the survey included traffic of both passenger cars and trucks, and in his opinion, this should have been ~~p~~atedbecause of the difference in capabilities of stopping distance for cars as opposed to trucks. Councilman Beals inquired to whom the George S. May Company will be responsible" ~ and he was advised that, as per motion made and carried above, the City Manager was instructed to make and handle all arrangements with the George S. May Company. The OAth of Office to serve as Controller of the City of Clermont was administered to John Fleming by Mayor Smith. REPORTS Mayor Smith reported as follows: That he had attended a Continental Breakfast at the Central Florida Fair for Mayors of Central Florida as the guest of Mayor Langford of Orlando on March 2nd; that he had called a meeting of the Clermmnt Bi-Racial Committee for Thursday, March 14, 1968, and that inasmuch as he felt this Committee to be one of the most important ones with regards benefit to Clermont, that he was recommending that regularly scheduled meetings be held during the year; that he had attended the Municipal Court Sessions of March 4th and March 11th and he wished to commend Municipal Judge J. K. Tryon, Clerk of the Court, Dolores W. Carroll, and Chief Tynda1 and his patrolmen for the dignified manner in which the court sessions were conducted. City Manager Johnson submitted his report, both orally and written. Mr. Johnson reported that "wear and tear" and damage incurred to the Jenkins Auditorium following dances held tQ!f~~ in his opinion, was excessive and he thereby recommended that/present committments were filled . . MINUTES N~ xt8~ 509 that any future permission for dances to be held there be limited to local non-profit organizations only. Councilman Prior inquired of City Manager Johnson of the present responsibilities of organizations using the Jenkins Building for dances and he was advised that they were required to furnish a list of adult chaperones. Motion was made by Councilman Prior that a suitable form be drawn by the City Manager stipulating distinct responsiblities for any vandalism and/or damage incurred to the building for all firms/organizations desiring to use the building for dances, and, that a competent inspector designated by the City Manager and a reppesentative of the group sponsoring the dance make an inspection of the building on the morning following the dance. The motion was seconded by Councilman Cochran and carried. Mayor Smith commented that, in his opinion, refusing youth the use of the Jenkins Building for dances would be defeating the purpose of the Community Building, but that he agreed that certain restrictions must be made in order to maintain the building efficiently and he felt that the above motion would be accepted freely by the public. A workshop meeting of the City Superintendent, the Mayor, the City Manager and the Council was set by Mayor Smith for 1:00 P. M. on Thursday, March 14th at the site of the MacDonald property, 12hh and Montrose Streets. City Manager Johnson reported that an inconvenient and hazardous parking problem existed on 5th Street, between Montrose Street and Minneo1a Avenue and it was his recommendation that all on-street parking in this location be prohibited. Motion by Councilman Oswalt, seconded by Councilman Prior and carried that this recommendation of the City Manager be accepted and necessary action be left to his discretion. Councilman Prior reported that a hazardous condition from tall shrubs existed at the corner of DeSoto and Fifth Streets. City Manager Johnson advised that he would investigate this matter and take the necessary action to correct it. Mayor Smith announced that ~~workshop session of the Council with the city's consulting engineers would be held in the office of City Attorney Langley on Wednesday, March 20, 1968 at7:30 P. M. He further advised that the proposed new zoning regulations would be considered at this same meeting. City Controller Fleming reported as follows: The days worked as Controller since the Council meeting of February 27, 1968; that he had attended a meeting for Municipal Tax Assessors in Orlando as called by Fred o. Dickinson, Jr., Controller of the State of Florida regarding duties and responsibilities and interpretations of Laws as pertaining to Tax Assessors. Mr. Fleming advised that he was in receipt of Three Guides for making assessments which would be available to the Council in the Administration Office and which he thought would be helpful to the Council as they sit as a Board of Equalization. The guides are: Assessing for Tangible Personal Propery Assessing for Real Estate Property Basic Duties in Assessing. Mr. Fleming further reported that, by Law, municipalities are to assess real and tangible personal property at 100% valuation and that it is the power of the Controller to enforce such law; that if this require- ment is not met he shall witho1d cigarette tax revenues from the municipality .. . ~INUTES N~ xxi~x 510 until the difference of the amount assessed and the amount required by law is met; that at the meeting of February 28th Mr. Schumaker of First Federal Savings and Loan Association had advised that certain City of Clermont Savings Certificates on deposit at First Federal would mature on March 7th, but upon his investigation he had found the maturity date to be April 6, 1968 and thereby an extension of possibly 30 days is available for First Federal to trade accounts in excess of $15,000.00 with a single depositor with other First Federal Associations in Florida, which they had not been able to do to date. Jimmy Lee Jackson appeared before the Council and requested an extension of time, thru the present fruit season, to remove junk from his property; that he had been notified by City Manager Johnson that accord- ing to a recently passed Ordinance, he would have to have the junk removed within 15 days from March 1st, and that he would not be able to do so, due to his working schedule. Motionwas made by Councilman Beals, seconded by Councilman Cochran, and carried, that this matter be referred to City Manager Johnson for any action and/or enforcement. It was the conSensus of the Council that City Attorney Langley be instructed to prepare a Junk Ordinance, for consideration, defining same and prohibiting the accumulation of junk in all areas of the City and not just in residential areas and/or zones. City Attorney Langley reported that he studied the contract to be executed between the City of Clermont and the Open Space Land Program and had found it to be in order, that the Council was aware of certain limitations in the contract which must be met such as the mortgage on the acquisition of the MacDonald Property must be paid off, which authorization had already been given to do so. Councilman Beals offered and moved the adoption of a RESOLUTION to the State Road Department regarding a uniform speed limit through the City of Clermont on Highway #50 at 35 MPH. The motion was seconded by Councilman Prior and the RESOLUTION was read in full. Upon roll call vote on the passage of the RESOLUTION, the result was: Ayes: VanderMeer, Oswalt, Cochran, Beals and Prior. Total Ayes: Five. Nayes: None. So the RESOLUTION was adopted and the Number 124 assigned to it and a copy ordered posted. Mr. Johnson reported that he had been advised by the Office of Housing and Urban Development that it was necessary that the City of Clermont engage a Bonding Attorney before further action ebuld be taken on the City's application for financial assistance to construct a sewerage system. Councilman Oswalt offered and moved the adoption of a RESeLU~ION employing the law firm of BRYANT, FREEMAN, RICHARDSON AND WATSON to act for and in behalf of the City of Clermont it its bonding requirements as prescribed by HUD. The motion was seconded by Councilman Prior and the RESOLUTION was read in full. Upon roll call vote on passage of the Resolution, the result was: Ayes: VanderMeer, Oswalt, Cochran, Beals and Prior. Total Ayes: Five. Nayes: None. So the RESOLUTION was adopted and the number 125 assigned to it and a copy ordered posted. City Attorney Langley advised that it was necessary for the Council to adopt a new Ordinance in order to receive maximum benefits from the recently adopted increase of taxes on cigarettes sold within the City, such increase to be in effect as of April 1, 1968. Councilman Beals introduced AN ORDINANCE REPEALING ORDINANCE NUMBER 21-19 OF ARTICLE II, ACCORDING TO THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA: IMPOSING AN INCREASED TAX ON CIGARETTES SOLD WITHIN THE CITY OF CLERMONT: PRESCRIBING STANDARDS AS TO DIMENSIONS FOR TAXING PURPOSES: REPEALING ALL ORDINANCES IN CONFLICT THEREWITH: PROVIDING FOR SEPARABILITY: PROVIDING AN EFFECTIVE DATE, and the Ordinance was read in full for the first reading. . . MINUTES N~ ~ COMMUNICATIONS City Clerk Carroll read a letter from Mr. Mal Hayes, Project Chairman of the Clermont Junior Chamber of Commerce, wherein he was requesting permission to use the Jenkins Auditorium for a teenage dance on March 16, 1968. Motion was made by Councilman VanderMeer that permission be granted and that inasmuch as forms designating distinct responsibilities of sponsoring organizations holding dances in the building were not yet available, that City Manager Johnson be instructed to advise Mr. Hayes of these responsibilities by letter. The motion was seconded by Councilman Beals and unanimously carried. City Clerk Carroll read a letter from Dorothy Hilton wherein she offered for sale to the City at a cost of $3500.00, the following described property: A strip of land between Lot 6 and the 1akeshore in City Block 52, and Blocks A-B-C-D and E in Crestview Subdivision. Councilman Beals inquired if monies for this was budgeted and he was advised that there was not, whereupon he moved that the matter be tabled. The motion was seconded by Councilman Oswalt and unanimously carried. NEW BUSINESS Councilman VanderMeer reported he had observed quite a large water hole on Highway #50 and inquired if it was due to a stopped up drain. City Superintendent Sheldon advised that it was due to a clogged drain maintained by the State Road Department and that it had been reported to them. City Attorney Langley reported that a law had been passed at the last session of Legislature granting authority to County Commissions for establishing Water Pollution Control Boards, and that he had inquired of the Lake County Commissioners of any action taken regarding this matter and had been advised that. there had been none. Mr. Langley strongly recommended that the Council take some sort of action urging the County Commissioners to proceed with establishing such a Board without delay, citing the tragic example of polluted Lake Apopka. It was the consensus of the Council that City Attorney Langley be instructed to prepare the necessary RESOLUTION to be presented to the Lake County Commission, for actionat the next meeting. Councilman Prior inquired of the City Manager as to his inquiry of January9th regarding reports~ he had received of seepage and pollution into the waters from the ~llc. farm on the west side of the city. City Manager Johnson advised that in his report of January 23, 1968 he had stated that Mr. Howard Young advised that numerous samples had been taken 0.fs the iwater,cand that there was no evidence at that time that the farms west of Clermont were polluting the streams. Mr. Young further stated that with considerable more rain faIl than they were having at that time, a more definite conclusion could be made. Councilman Beals inquired of City Attorney Langley the earliest possible date that a salary increase for the Mayor and Councilmen would be effective. The City Attorney advised that an Ordinance passed on or prior to June 1st of 1968 would be effective as of January 1, 1969. Motion was made by Councilman Beals, seconded by Councilman VanderMeer and unanimously carried that the City Attorney be instructed to prepare the necessary Ordinance setting forth the salary of the Mayor-Councilman at $50.00 per meeting, not to exceed two meetings per month, and, the slaries of the Councilmen at $37.50 each per meeting, not to exceed two meetings per month, the effective date to be January 1, 1969. Councilman Prior advised that he had noted a heavy muck line close off-shore of Jaycee Beach and recommended that this be removed before the bathing season begins. City Manager Johnson advised that he would have the matter taken care of, and it was his opinion that this could be done by city crews. . . MINUTES N~ xxiJax 512 Motion by Councilman Beals, seconded by Councilman Prior and carried that the bills be paid. City Manager Johnson reported a need for more control with regards trash throughout the city being left for pick-up by city crews and that he would prepare an ordinance for their consideration. He further reported that the Building Inspector's office had been advised that according to law recently passed by the Legislature, that all contractors must be certified by the State and that no local permits should be issued unless proof of such State certification is given, and that he had requested a legal opinion of this matter from City Attorney Langley. Mr. Johnson reported that he was of the opinion that Bernard, Vander- Schuur intended to forfeit the down payment in the amount of $65.00 which he had posted toward the purchase price of the MacDonald building, inasmuch as he had been unable to obtain property on which to move the building and all attempts at locating Mr. VanderSchuur had been in vain, and, that he was reasonably sure that he had another buyer for the building. It was the con~nsus of the Council that no action be taken until the termination of the 15 day period which had been granted Mr. VanderSchuur for the removal of the building. Councilman Cochran reported he had received a complaint regarding a charge being made by the custodian of the city dump for dumping of trash by an individual. City Superintendent Sheldon requested that the party charged contact him and the matter would be investigated immediately. Motion was made by Councilman VanderMeer, seconded by Councilman Oswalt and carried that the meeting be recessed for five minutes. The meeting was called back to order by Mayor Smith at 9:48 P. M. with all members present. There was no action taken. Motion by Councilman Beals, seconded by Councilman Oswalt and carried that the meeting be adjourned. r'----; Y:-l-u f'/~ J, L ~ :71 Don E. Smith, Chairman _!OkuJ ~) G.M-l/~ Dolores . Carrol , 1ty Clerk