05-28-1974 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, 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.
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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-
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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