03-12-1968 Regular Meeting
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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, 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
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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
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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.
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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.
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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.
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Y:-l-u f'/~ J, L ~ :71
Don E. Smith, Chairman
_!OkuJ ~) G.M-l/~
Dolores . Carrol , 1ty Clerk