03-10-1970 Regular Meeting . . MINUTES NQ 651 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, March 10, 1970. The meeting was called to order at 7:30 P. M. by Mayor Don E. Smith with all members present. Other officials present were: City Manager Johnson, City Clerk Carroll, City Controller Fleming, City Attorney Langley and Chief of Police Tynda1. Others present were the Messrs. Ted Enz, Gottfried Johnson, Albert Sherman, . Henry Czech, E. L. Schumann, C. A. Manago1d, J. Patrick Michaels and Bill Roberts. Representatives of the local Press were also present. The Invocation was given by Councilman VanderMeer. The Minutes of the Meeting held on February 24, 1970, and of the Special Meeting held on February 26, 1970 were approved as written. Councilman Cochran desired to go on record as being opposed to the action taken at the Special Meeting and further, questioned the legality of the Special Meeting as he has been contacted by telephone and not by written notice. Councilman Cochran moved that the action taken at the Special Meeting on February 26, 1970 be rescinded. The motion died for lack of a second. Representatives of the local Press advised the Council that they had not been notified of the Special Meeting to be held on February 26,1970. City Attorney Langley advised that inasmuch as a 6 hour wr~tten notice of the Special Meeting to the members was not practicable, it was legal for the meeting to be called by the Mayor via telephone contact, however, inasmuch as the Press had not been notified at all, it was his recommendation that the action taken at the Special Meeting be rescinded and the members of the Legislature to whom the Resolution had been forwarded to be so notified. Motion was made by Councilman Cochran, seconded by Councilman VanderMeer and carried that the action taken (Resolution No. 158) at the Special Meeting held on February 26, 1970 be rescinded. City Manager Johnson submitted his report both orally and written and a copy is attached hereto. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran and carried that the recommendation of the City Manager to authorize the City Attorney and the City Controller to make a trip to Atlanta and present necessary material regarding the proposed sewer system to HUD officials there be accepted and the authorization thereby granted. City Manager Johnson advised the Council that Mrs. Nina Sittler had been assessed 300 feet for sewer assessment in error on the Northern boundary of her property located in Block BB, and, Mr. Frederick Fischer had been assessed 100 feet for sewer assessment in error on property which he owns in Block BB that does not abutt any public thoroughfare and thereby recommended that these assessments be deleted from the sewer assessment roll. Motion was made by Councilman Cochran, seconded by Councilman VanderMeer and carried that the Managerls recommendation be accepted and these sewer assessment deletions be made. Mayor Smith reported that he and Councilman Bratton had attended a meeting of the Lake County Commissioners wherein they submitted a request to them for the 4 1aning of Highway #50 from the Sumter County line to the Orange County line. Mayor Smith further reported that he felt the meeting of the State Transportation Committee which was held in Clermont recently, was very interesting and beneficial, though this was for a long range program for this area. . . MINUTES NQ 652 City Clerk Carroll read a communication from Mr. John Greenlee of H. W. Sheppard and Company. local Auditor for the City of Clermont, wherein he made the following recommendations: That all checks issued by the City should be required to be signed by two persons: That the completed payroll for all outside help be approved by the City Superintendent before it is paid. City Controller Fleming advised that these were reasonable requests from the Auditors and recommended that they be adopted and. further advised that the City Manager ha~ already contacted the City Superintendent regarding this matter and that future payrolls for all outside hiJp would be approved by him before payment. Motion was made by Councilman VanderMeer, seconded by Councilman Cochran and carried that all checks issued by the City be signed by both the City Clerk and the City Controller. and, that a signature card be obtained authorizing the signature of the City Manager on all City of Clermont accounts. City Attorney Langley advised that he had prepared the necessary Ordinance granting to the TM Communications Company a franchise as directed at the last meeting. AN ORDINANCE GRANTING TO THE TM COMMUNICATIONS COMPANY A NON-EXCLUSIVE FRANCHISE TO ERECT. MAINTAIN AND OPERATE, IN, UNDER, OVER, ALONG, ACROSS AND UPON THE STREETS, LANES, AVENUES, SIDEWALKS, ALLEYS, BRIDGES AND HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF CLERMONT, FLORIDA, AND SUBSEQUENT ADDITIONS THERETO. FOR THE PURPOSE OF TRANSMISSION AND DISTRIBUTION BY WIRE OR CABLE OF TELEVISION THE INHABITANTS OF SAID CITY: PROVIDING AN INITIAL TERM OF 15 YEARS WITH OPTION TO RENEW FOR A LIKE PERIOD OF TIME was introduced by Councilman Oswalt and read in full for a first reading. Motion was made by Councilman VanderMeer, seconded by Councilman Oswalt that a RESOLUTION be adopted accepting an amendment to the Loan Agreement between the City of Clermont and HUD under Project No. PFL- F1a-124 for sewer facilities. such amendment to delete the Bonq Specifica- tions marked Exhibit C of the Offer and substituting in1ieu thereof, new Bond Specifications. Exhibit C. The RESOLUTION was read in full by the City Attorney and upon roll call vote on passage of the RESOLUTION, the results were: Ayes: VanderMeer, Oswalt, Smith, Cochran and Bratton. Total Ayes: Five. Nayes: None. -.- The RESOLUTION was adopted and the Number 160 assigned to it. AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA. PROVIDING FOR THE LICENSING OF DOGS WITHIN THE CITY: REQUIRING OWNER OF DOGS TO KEEP THE SAME UNDER THEIR CONTROL: PROVIDING FOR THE IMPOUNDMENT OF UNLICENSED AND/OR UNCONTROLLED DOGS, PROVIDING RABIES PROTECTION PROCEDURE: PROVIDING PENALTIES FOR VIOLATION HEREOF: PROVIDING AN EFFECTIVE DATE was introduced by Councilman Oswalt and read in full by the City Attorney for a first reading. Motion was made by Councilman Bratton and seconded by Councilman Oswalt that a RESOLUTION be adopted requesting the State Legislature to levy an additional one cent tax per gallon on the sale of gasoline for municipal use. The RESOLUTION was read in full by the City Attorney. Upon roll call vote on passage of the RESOLUTION, the results were: Ayes: VanderMeer. Oswalt. Smith and Bratton. Total Ayes: Four. Nayes: Cochran. The RESOLUTION was adopted and the Number 159 assigned to it. Motion was made by Councilman Oswalt, seconded by Councilman Bratton and unanimously carried that the bills be paid. . MINUTES NQ The meeting was adjourned by Mayor Smith. ~f'~ DON E. SMITH, MAYOR C)lM-oJ 1. CuA~J DOL ES W. CARROLL, CITY CLERK . 653