11-26-1974 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1083
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, November 26, 1974. The meeting was called to order at 8:30 P. M.
(instead of 7:30 P. M. due to the delay in arrival of the Mayor, City Manager and
City Attorney who were detained on other city business) by Mayor Claude E. Smoak, Jr.
with the following members present: Councilmen Blackburn, Byrd, Schroede1 and Oswalt.
City Officials present were: City Manager Hopkins, City Attorney Vason, Deputy Clerk
Dollar, Chief of Police Tynda1 and Director of Community Services Smythe. Others
present were: Mesdames Smoak and Sheldon; Mr. and Mrs. W. Perry, Mr. and Mrs. John
Mitchell; The Messrs. Minor, Crowson, Gay, Hardin, Prior, Britt, Beals and Dean.
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.
Mayor Smoak announced the first order of business to be a Public Hearing to consider
request presented by John B. Mitchell for Closing of that portion of Crystal Lake
Drive between Lot 9 in City Block 4 and Crystal Lake. There was no one present from
the floor who objected to the request. As an abutting property owner, Councilman
Byrd requested permission to vacate his seat, whereupon he read a letter (copy of
which is made a part of these minutes) wherein he officially registered objection to
the'request as it was presented and advertised. However, he stated that he was not
sure that he objected to closing the street if the property owners affected could agree
on a joint petition for closing of the street. No action was taken on the granting
of this request for street closing, but a suggestion was made to Mr. Mitchell that if
the property owners could come to an agreement on the street closing, Council would
consider such a request.
The following bids for Maintenance of the City's Air Conditioning and Heating
Equipment for a period of 22 months, beginning December 1 were considered:
Maintenance
Mango
True Temp
LABOR RATE
Periodic Maintenance
Repairs
$ 130.00/Month
16.60/Hour
$ 170.00/Month
14.00/Hour*
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MINUTES
NQ 1084
REFRIGERANT
Type/Cost per Lb.
R-l Z/$1. 48
R-221$2.30
R-500/$2.l0
R-12/$2.00
R-22/$3.00
R0500/$2.50
*After 4:30 P. M., weekends and holidays $2l.00/hour
It was the recommendation of City Manager Hopkins that the bid be awarded to
Mango Refrigeration Service, the low bidder, whereupon motion was made by
Councilman Schroede1, seconded by Councilman Byrd, and carried that the recom-
mendation of the City Manager be accepted and the bid awarded to Mango Refri'gera-
tion Service.
With regards the bid for the City's petroleum product requirements for the period
of twenty-two (22) months, ~eginning December 1, 1974, only one bid, from W. M.
Teal representing Mobil was received as follows:
1. Regular Gasoline: (94 Octane) Tank wagon price on date of
delivery less a discount of none per gallon. Our present
tank price is .327 per gallon plus tax.
2. High Test Gasoline: (100+ Octane) Tank wagon price on date
of delivery less a discount of none per gallon. Our present
tank price is .362 per gallon plus tax.
3. No Lead Gasoline: (91 Octane) Tank wagon price on date of
delivery less a discount of none per gallon. Our present
tank price is .337 per gallon plus tax.
4. Oil: Twenty-Four (24) Quart Can Cases.
30 H.D.
30 N.D.
40 N.D.
10W40
MS-DG-DM
ML-MM
ML-MM
MS-DG-DM
at 9.30 Per Case
at 10.08 Per Case
at 10.08 Per Case
at 15.54 Per Case
5. #2 Diesel Motor Fuel: 500 Gal. Capacity $.37 Per Gallon
It was the City Manager's recommendation that the bid be awarded to Mr. W. M. Teal,
whereu on motion was made b Councilman B rd seconded b Councilman Blackburn, and
carried that the recommendation of the City Manager be accepted and the bi for
petroleum product requirements be awarded to W. M. Teal.
Bids for liThe Seminole We1111 which were opened by the City on November 30, 1974,
were considered. Mr. D. L. Crowson of Dawkins & Associates, Inc., advised that
four proposals (bid tabulations and analysis of which are attached to these
minutes) were received as follows:
Farm & Home Machinery Co.
$ 108,420
84,900
92,011
107,731
Locke Well & Pump Co.
Meridith Corp.
Singer-Layne Atlantic Co.
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M I NUT E S
NO. 1085
Locke Well and Pump Company and the City of Clermont. City Manager Hopkins reported
that funds were available in the Construction Account to finance the well improvement.
Bonds in the amount of $323,100 ($155,000 for total water improvements and $168,100
for sanitary sewer improvements) will be purchased by Farmers Home Administration
to fund the entire project. Interim financing will be obtained from the State of
Florida Revolving Loan Fund ($136,100) and local sources for the balance.
With regards the matter of Effluent Disposal and the wishes of the Lake County Pollu-
tion Control Board that the City obtain a professional engineer to advise ,on how to
best utilize the existing disposal area for maximum loading; also to advise what this~
loading rate would be, the subject was discussed with Mr. Crowson and arrangements
made for Dawkins and Associates, Inc., to compile the report for presentation to the
DPC.
The City Attorney, Mayor and City Manager attended a trial in Oca1a before Circuit
Judge Wallis Sturgis on the case of the Minneola Citrus Shoppe (Crystal Lake Apart-
ments) vs. the eity of Clermont on this date. City Attorney Vason reported that the
judge ruled in favor of the plaintiff and the Judge will enter a peremptory writ directing
the City to issue the plaintiff a building permit under the zoning regulations as they
existed on the date the permit was applied for.
Deputy Clerk Dollar read a communication from William H. Stone, Associate Municipal
Judge dated November 13th wherein he requested Council consider his resignation as
Associate JUdge retroactive to November 1, 1974, as he had recently accepted the
position of Assistant Public Defender, and according to the Ethics Commission of the
Florida Bar his position as Associate Judge constitutes a conflict of interest.
Motion was made b Councilman Oswalt, seconded b Councilman B rd and carried that
the reslgnat on 0 ssoclate Ju ge Stone e accepte retroactlve to November 1, 974,
and that the City Manager be directed to advise Mr. Stone of Council's action and
extend their appreciation for his services.
Councilman Schroedel introduced AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE
GENERAL OPERATIONS OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR
1974-75 AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, FOR THE YEAR 1974 FOR THE GENERAL OPERA-
TION EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the ORDINANCE was
read for a first time by City Attorney Vason by title only.
With regards to a request from the Library Board of their desire to receive, dn
writing, assurance that Lots 18 and 19 in City Block 76 would be restricted to library
related usage and/or purposes, and which matter was referred to City Attorney Vason
for legal consideration and recommendation, a DECLARATION OF RESTRICTIVE COVENANT was
presented to Council by City Attorney Vason. Motion was made by Councilman Schroedel,
seconded b Councilman Blackburn and unanimous1 carried that the DECLARATION OF
RESTRICTIVE C ENANT dec arln that Lots 18 an 19, in B oc 76 of the Cit 0 C ermont,
wou d not be used for any other purpose than the erection and maintenance of a ibrary
and other uses incidental thereto be adopted and executed by the Mayor and the City
Clerk.
With regards the further consideration of expansion plans for the city hall building
and the receipt of a firm commitment from the present tenants, Council reviewed a
proposal submitted by the present tenants, Hovis, Baird and Dougherty. It was con-
sensus of Council that the proposal was a firm commitment from the present tenants
and instructed City Attorney Vason to draw up the necessary lease, effective upon ex-
piration of the existing lease, for presentation to the Council for consideration and
final approval at the next council meeting.
With regards the Pension Investment Guides presented by Dr. H. Russell Fogler in a
letter dated November 15, 1974, motion was made by Councilrnat'lO$walt~secOt'ldedby
Councilman B rd and unanimous1 carried that the Guide for the Cit ~SPet'lS10n
Investment un s as presente by Dr. H. Russe og er eaccepte.
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MINUTES
NQ 1086
City Manager Hopkins, in a memo dated November 22, 1974, called Council's attention
to an opinion of the Attorney General that, where not authorized in the Charter, muni-
cipalities do not have the authority to contract with out-of-city residents and
business owners for fire protection. He further advised that the city's charter
does not provide the authority for the City of Clermont to exercise extraterritorial
powers of this nature and that at the present time the City has 62 contracts for
outside of city fire protection which expire on May 16, 1976, and that the amount
of money paid to the City in advance for the last eighteen months of service is
$1,170.00. In view of the Attorney Generalis opinion, he recommended that the city
cancel the contracts and refund the $1,170.00. Motion was made by Councilman Oswalt,
seconded by Councilman Blackburn and carried that the City Attornea review this
matter and determine if an Ordinance under the Home Rule that wou1 make the
contracts legal would be in order.
Mayor Smoak referred to a letter from Municipal Judge Waters wherein he recommended
changes to the city charter and code as it is affected by the implementation of
the New Traffic Infractions and the Myer Act and asked the City Attorney to take
these recommendations into consideration in reviewing the changes to the charter and
code being considered by his committee. In his letter Judge Waters also suggested
the abolishment of the position of an Associate Judge and that in lieu of the salary
paid to the Associate Judge, an expense account of $250.00 be provided for the
Municipal Judge. No action was taken on the abolishment of the associate judge
position as this position is called for in the City Charter, however, motion was
made b' Councilman Schroedel, seconded b Councilman Oswalt and carried that an
exense aeeOunt of 250.00 annua1l be rovided the munici a1 .ud e and that the
funds be expended from Account 2-720, Contingencies.
Motion was made by Councilman Schroede1, seconded by Councilman Blackburn, and
unanimously carried that the Official Ballot of the General Election of the City
of Clermont to be held on December 3, 1974, be amended as follows:
FOR COUNCILMEMBER - GROUP ONE
(Two Year Term)
Roberta N. (Bobbie) Dean
Richard E. (Buddy) Oswalt
The meeting was adjourned at 10:30 P. M. by Mayor Smoak.
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M. Dollar, Deputy Clerk