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04-09-1968 Regular Meeting . . MINUTES N~ M~ 517 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 Don 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 Tynda1 and Attorney Langley. Others present were: The Messrs. C. A. Mangold, Herman Barberry and Dennis Wright. A pepresentative of the local Press was also present. The invocation was given by Mr. Barberry. The Minutes ~f 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 60'. 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 wel1 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 Tryon 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 wel1 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: A,es: VanderMeer, Cochran and Beals. Total Ayes: Three. Nayes: Oswalt and Prior. The motion carried. . . MINUTES N~ ~~x 5r~ There was considerable discussion by Council regarding authorization at meeting of March 26th to have the Bloxam Avenue wel1 sealed 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 Beals. 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 payout 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 roIl 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 readinq:ofi,Said second municipal judge shall serve in the absence or disability of the municipal jud~e 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, . . MINUTES N~ ~It~ 519 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 THE 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 ful1 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 Minneo1a Avenue, between Scott Street and Disston Avenue, a distance of approximately 600 feet. The motion was seconded by Councilman Cochran and unanimously carried. The Number 127 was assigned to it and a copy ordered posted. Councilman Cochran offered and moved the adoption of a RESOLUTION 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. 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..C1ermont. 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. . . MINUTES N~ X1CJ~x 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. ~~IL'zz Don E. Smith, Chairman Ole""...! ~. r"'lM,J~ Dolores . Carroll, 1ty Clerk