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05-28-1974 Regular Meeting _..."-,,,,,,..:..-...,"{.,,,,,,,"~ . e e . MINUTES NQI032 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, May 28, 1974. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, ~r., with the following members present: Councilmen Waller, Byrd, Schroede1 and Oswalt. Other officials present were City Controller Fleming, City Clerk Carroll, City Attorney Vason, City Manager Hopkins, Director of Community Services Smythe and Chief of Police Tynda1. Others present were: Mr. and Mrs. E. Lamar Black and Messrs. Crowson, Czech, Brown and Hovis. A representative of the Sentinel/Star was also present. The invocation was given by Councilman Byrd, followed by repeating of the Pledge of Allegiance in unison by those present. The Minutes of the meeting held May 14, 1974 were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request by Efurd Sign Company for a Variance to the Zoning Ordinance (Section 26-73 Nonconforming Signs; Signs may not be modified to advertise a different business or service than that which they advertised at the time they became nonconforming) in order to modify an existing structure located adjacent to Highway #27, which was presently vacant. There was no one present who voiced objection to the request, whereupon motion was made by Councilman Oswalt, seconded by Councilman Waller and carried that the request be granted. Mayor Smoak announced the next order of business to be a report on the bid opening for the renovation of the Highland Avenue Well. Mr. Dave Crowson, consulting engineer, advised that a single bid from Singer Layne-Atlantic Company in the amount of $13,050.00 had been received. It was the opinion of Mr. Crowson that this bid was not in order according to the specifications due to a misunderstanding/misinterpre- tation of the specifications as submitted, and therefore recommended that the bid be rejected and the City Manager be authorized to enter into negogiations with the bidder' with respect to such misinterpretations of the specs. Motion was made by Councilman Schroede1, seconded b* Councilman Oswalt and carried that this recommendation be accepted. Mayor Smoa voted Naye on passage of the motion. Mr. Crowson further gave a brief recap to Council on the status of various projects underway such as their effluent disposal study and consequent betterment application for federal funding in of the city, and had been advised that the Florida Department of Pollution Control had adopted a priority schedule for funding and that Clermont was well "within the money" to receive a grant for preparation of plans and specifications for an effluent disposal system; That the plans and specifications had been prepared and bids were presently being advertised for construction of a force main and lift station to service the Clermont High School, and, that the surveys and necessary field work had been completed with respects to an additional supply source of water for the southwestern section of the city, but that a well site had not yet been obtained. He still further reported that the FHA commitment had come through in the amount of the estimated improvements for this project. Mr. E. Lamar Black, Co-Chairman of the Lake County BiCentennial Committee, appeared before Council and advised that it was their goal, in participating in the bicentennial celebration, to come up with some beneficial and permanent projects, possibly categorized as follows: Slum Clearance, Pollution Abatement, Public Health, Improvement of Recreational Facilities, Improvement of Cultural Projects and Improvement in Law Enforcement. He further reported that state funding for such bicentennial projects would be available and it was the purpose of this committee to formulate such projects and present them for funding. Mayor Smoak advised Mr. Black that Council would certainly be willing to work with the committee, and at such time as the groundwork has been laid and the rules set forth by which the city must conform in order to participate, he would be glad to call a workshop session of Council. . e e . MINUTES NQI033 City Manager Hopkins submitted his report both orally and written, and a copy is attached hereto. With regards the possible improvement of Osceola Street between Eighth Street and West Avenue, motion was made by Councilman Oswalt and seconded by Councilman Byrd that engineering be done to determine necessary drainage improvements prior to any other decision in order that a definite cost figure would be known. The motion failed to carr with the followin vo te: Oswalt, B rd A e. Waller Schroedel Na e: Smoak, Abstalne . With regards the pier at Jaycee Beach, Mayor Smoak requested that the City Manager investigate the feasibility of repairing the pier sufficiently at present in order to accommodate this season's swimming program, and then consider a permanent solution at budget hearings. Council was in agreement with this request. With regards the additional funds needed for the summer arts and crafts program, motion was made b Councilman Oswalt seconded b Councilman Waller and carried that an additional 280.00 be authorized. With regards the request of the State Motor Vehicle Division of Drivers License to relocate their local facilities to a mobile home, motion was made by Councilman Waller, seconded by Councilman Oswalt, and carried that this request be denied. Mayor Smoak reported as follows: That he had contacted Peter H. Johnson with regards possibility of an out of court settlement, but was of the opinion that Council should proceed as previously authorized; that a streak of mud had surfaced at the Jaycee Beach since the water had receded, and asked that City Manager Hopkins investigate the possibility of having this removed; That there was a need for a single light fixture to be placed at the Little League Field in such as location as to face toward the batting cage and one additional tier of fence behind the batter's box, and That he had received a request from the Lake County Economic Opportunity, Inc. for a pledge of financial assistance from the city in order to continue their Senior Citizens Program in Lake County with the local project being the "Meals-on-Wheels". It was the suggestion of Mayor Smoak that representatives from this organization be invited to appear before Council and explain the program further. Witb regards the pension plan of city employees, it was consensus of Council that Dr. William Howard, actuary for the city's pension plan, be invited to meet with ,Council in workshop session to consider possible amendments to the existing plan. With regards the problem of resolving the ownership of lakefront property lying between Lake Shore Drive and Lake Minnehaha on which the city has granted leases and/or easements, and which matter had been referred to City Attorney Vason for further study following a memorandum legal opinion presented to Council by Attorney George E. Hovis in behalf of Robert Paxton, Mr. Vason reported as follows: That he was in agreement with the proposal as submitted by Mr. Hovis that the only alternative the city has to resolve the problem would be to determine the right-of-way of Lake Shore Drive through adequate survey and then vacate a southern portion of the r-o-w with the ownership of the vacation portion reverting to the abutting property owners on the north side of Lake Shore Drive; but that inasmuch as any vacation of property by the city would be primarily for pUblic purpose and not private, he would recommend that all parcels affected be determined and all expenses for this be borne by the interested property owners. Attorney Hovis submitted a commitment to guarantee payment of the cost of a survey and other incidental expenses incurred in vacating the 1akefront property lying between Lot 9 of Riviera Heights to Lot 52 of Clermont Heights, by Robert Paxton. Motion was made by Councilman Schroede1, seconded by Councilman Waller and carried that the city council actually vacate the southerl~ portion of road right-o-way between Lake Shore Drive and Lake Minnehaha between Lot of Riviera Heights and Lot 52 of Clermont Heights subject to the following: Subm~s~ion~f.ac~uratesurv~~ ofthe.ro~dright-o-way on the pro~erty involved ,',Uiititl1e,apPl1Calmt'agree!tOi'paa:the'lnClIBenta1 expenses of the Clt~ and with the understanding that the city waul retain an adequate portion for utility ease- '--- "hi . e e . MINUTES NQ 1034 ments or other necessary easements. The meeting was adjourned by Mayor Smoak at 10:50 P. M. tI~ Claude E. Smoak, Jr. Mayor ~P,1t ) t ~A~ Do ores . Carrol ,C,t Clerk