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01-14-1975 Regular Meeting . e e - MINUTES NQ 1104 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 14, 1975. The meeting was called to order at 7:35 P. M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Blackburn, Byrd, Schroedel and Oswalt. Other officials present were: City Manager Hopkins, City Controller Fleming, City Attorney Vason, Director of Community Services Smythe, Chief of Police Tyndal and Deputy Clerk Dollar. Others present were: Mesdames Sheldon and Dean, Judge R. W. Waters, Messrs. Mechtold, Corregan, Brown, Lewis, Peterson, Czech, Jones, and Prior. Representatives of the Daily Commercial and Sentinel/Star were also present. The Invocation was given by Councilman Byrd, followed by repeating the Pledge of Allegiance in unison by those present. Mayor Smoak welcomed all those present to the Clermont City Council organizational meeting of 1975, and stated that the first order of business was the swearing in of the newly re-elected members of the Council, whereupon the Oath of Office was administered to Councilman/Mayor Elect Claude E. Smoak, Jr., by Mayor Pro Tem Schroedel. The Oath of Office was then administered to Councilmen Elect Richard E. Oswalt, Carlisle A. Byrd, Jr., and Ben Blackburn by Mayor Smoak. The Mayor considered it appropriate to look back over the accomplishments of 1974. He thought one of the most important projects now underway is the revisions to the Charter to conform with the 1973 Home Rule Act. He was particularly impressed with accomplishments in public services, primarily in the water works department, where a new well and water main have been authorized to insure better water pres- sure and consequently better fire protection; also in the work done on the exten- sion of the sewer system to Minnehaha Estates which will be undertaken very shortly. He thought Council deserved credit for the initiative taken in the formation of the Lake Improvement Committee, a standing committee, which over the years will preserve our natural assets and our clean and pure water. The Mayor offered his thanks to the Council and City Administration for the cooperation he received over the past year and looks forward to working with them in 1975. Looking forward to 1975, he thought the most important consideration was effluent, distribution. The Mayor thought for the future the city should keep in mind repairs and improvements to streets, public recreation facilities and a planting program of Oak and Pine trees, the latter which could be accomplished by getting the service clubs interested. He reiterated that he looked forward to working with the Council and hoped that the Council can be as productive during the coming year as he felt it had been in the past year. The Minutes of the Special Meetings held December 16, 1974, and December 18, 1974, and of the Regular Meeting held December 19, 1974, were approved as written. Mayor Smoak announced that the Council would now sit as a Board of Adjustment to consider a request by Marvin and Thelma Jones for a Variance to Section 26-22{C) (3) (LOT AREA PER FAMILY) of the Zoning Ordinance in order to construct a duplex on the East 177.51 of the South 451 of Lot 13, Lettered Block BB. Mr. and Mrs. Jones were represented by Mr. Nick Jones. The granting of this Variance was discussed at length and since there was some question as to the legality of the placement of the storm drainage on the property, motion was made by Councilman Oswalt that this Variance request be tabled until next meeting. The motion died for lack of a second. Motion was then made by Councilman Oswalt, seconded by Councilman Byrd and unani- mously carried that the Variance request be continued. Mr. Burton Brown of Florida Telephone Corporation appeared before Council and presented an Accelerated Service Improvement Program being undertaken by the Florida Telephone Corporation. e e e -- MINUTES NQ 1105 Municipal Judge R. W. Waters appeared before Council and spoke on the subject of the Abolishment of Municipal Courts. He gave the disadvantages of turning Municipal Courts over to County Control and that at a meeting of the Municipal Judges Associa- tion it was decided to solicit the cooperation and efforts of the various city government and related associations to keep the Municipal Courts. The Mayor stated that this legislation has been a concern of City Council since passed in 1973 and action has been taken by the City in the way of a Resolution endorsing that Municipal Courts be kept within the jurisdiction of municipal govern- ments and that Council is willing to work in any way to facilitate accepting the position of the Municipal Judges Association. Judge Waters then reviewed the new legislative enactment which sets up the Traffic Infraction Act. In the Rules and Regulations it is recommended that a Violations Bureau be established in each Municipality. To set up this bureau Council would have to instruct the City Attorney to draw up an ordinance establishing this Bureau and the Judge, Court Clerk along with the Chief of Police would write the implement- ing instructionsfor the Bureau. Since this law became effective January 1975, Judge Waters recommended that the Ordinance be drawn up and voted upon on an emergency basis. The Mayor expressed appreciation to Judge Waters for his presentation and asked him to get with City Attorney Vason to prepare the necessary ordinance so that the City is in compliance with the law. Mr. Hopkins was requested to get the Ordinance, when it is prepared, to the Council immediately for the necessary action. City Manager Hopkins reported as follows: Concerning the Seminole well, a pre construction conference was held today with the engineers)representatives of FHA and the well drilling firm. It is anticipated the contractor will start mobilizing on the site toward the end of the week and start drilling operations within the next couple of weeks. Concerning the Minnehaha Estates Sanitary Sewer Project, and as outlined in a memo to Council dated January 13, 1975, Mr. Hopkins advised that he had gone over the requirements of the State statutes with Mr. Vason and they have started working toward accomplishing these requirements. Concerning Effluent Disposal, the report of Dawkins & Associates on the interim disposal on the Johnson Property was considered last night at a meeting of the Lake County Pollution Control Board and the Board agreed to allow us to curtail the present spraying on the Johnson property, authorized during the period of the renovation to the Johnson property to spray irrigate in an area adjacent to the marsh, south of the plant and west of the Catholic church. After the renovation is completed and spraying resumes on the Johnson property, the Pollution Board has granted permission to dispose of the excess in much the same manner on the church property south of the plant. A meeting will be held with DPC in Orlando on Monday morning to bring them up to date on what has transpired recently in meetings within the County. Favorable approval of the Step 2 grant monies is anticipated. Lift Station No. 22 at the high school has been completed and the school is making arrangements for the hook up. The original contract for the Lift Station was $24,306.66. We were able to obtain an easement from the high school to run the force main. We were able to cut the force main distance in half and save $4,027.80 on that project. With reference to the Baker Well and Grove situation, the City Manager advised he had had conversations with Mr. Baker and City Attorney Vason. Mr. Baker feels the agreement with the City was entered into in good faith and that he would like to continue with the agreement. Mr. Hopkins further advised that in checking back over the bills and checking with Mr. Baker as to his irrigation practices, he found 4700 gallons had been used against a probable 1200 gallons consumption estimated by Mr. Baker. On a check of the LP engine and tank, there is no connection which would permit removing fuel from the tank for purposes other than to run the engine. The connectors at the tank and at the engine do not show evidence they have been e e e . MINUTES NQI106 disconnected. There is some mystery as to where all the fuel went. Mr. Hopkins further stated he did not know what to recommend to Council in terms of the agree- ment at this time, but that he was going to make some changes by putting a lock on the tank and Mr. Baker is going to call us when he needs gas, and that we are going to meet Public Gas out there to fill the tank at least for the seeable future or until some other arrangements are made. Mr. Hopkins stated he would continue to pursue this matter to find-out what the true situation is. City Manager Hopkins reported that he has received a request this evening for permission for the Pilot Club to use the Jenkins Auditorium on February 21s.t: for a spaghetti dinner to raise funds for hospital-oriented training and also a request for a waiver of the fee. Since the Administrative Procedure Act does not allow for items for the agenda after the deadline without the consent of the presiding officer, he asked the Mayor to place the request on the agenda which was done. Motion was made by Councilman Byrd, seconded bl Councilman Schroedel and unanimously carried that tne request of the Pilot Club or use of the Jenkins Auditorium for a spaghetti dinner on February 21, 1975, be granted and that the rental fee be waived. Concerning the dock at Jaycee Beach, City Manager Hopkins reported that Mr. Nick Jones has submitted drawings to contractors for cost estimates. This information is needed in order to file formal application for fu~ds to construct this facility. Following a lengthy discussion on the approach that Council should take regarding the handling of the lease agreement between Mr. Baker and the City, motion was made ~ Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried, t at the City Attorne~ investigate the legal ~rocedures to terminate the lease agreement for furnishlng water and other cons derations, ie, providing fuel and maintenance, with Mr. Baker. City Attorney Vason was requested to approach Mr. Baker rega~din9 the power plant. The City Would like a proposal from Mr. Baker regarding termlnatlon of the agreement. The Mayor inquired of City Controller Fleming as to the current financial status of the City in relation to cash funds until we received ad valorem taxes. He was advised that as of today the general fund was down to $9,000.00 but that the City has sufficient funds in the Water Department in the way of excise taxes to transfer monies to the general fund. City Attorney Vason commented on the costs specified in the Affidavit as to Suit costs in the Minneola Citrus Shoppe, , Inc., vs. City of Clermont case, stating that they were legitimate costs and recommended that they be paid. Councilman Schroedel reported that the Library Board passed a motion to install a burglar alarm system between the library and police station; that they started a new fund drive and have already received $884.00; that starting in February the library will be open Wednesday and Thursday evenings from 7:00 to 9:00 P. M.; that in April they will sponsor the Orange Blossom Breakfast, which time coincides with National Library Week. Councilman Schroedel advised that it has been brought to his attention by several residents that they miss the flood light on the fishing pier and he asked if the flood light could be reactivated and put on a time clock. The matter was referred to the City Manager. Councilman Schroedel offered and moved the adoption of a RESOLUTION re the appoint- ment of City Manager to administer Federal flood insurance program within the City. The motion was seconded by Councilman Oswalt. Upon roll call vote on passage of the motion, the results were: Ayes: Blackburn, Schroedel, Smoak and Oswalt, Total Ayes: Four. Nayes: Byrd. Total Nayes: One. The motion carried. The RESOLUTION was read by Mayor Smoak, by title only, and the Number 248 was assigned to it. Councilman Oswalt offered and moved the adoption of a RESOLUTION designating the building permit system and review procedure for same. The motion was seconded by Councilman Schroedel. Upon roll call vote on passage of the motion the results were: Ayes: Blackburn, Schroedel, Smoak and Oswalt. Total Ayes: Four. Nayes: Byrd. Total Nayes: One. The motion carried. The RESOLUTION was read by Mayor Smoak, by title only, and the Number 249 was assigned to it. e e e . MINUTES NQI107 Councilman Byrd offered and moved the adoption of a RESOLUTION re request to DOT to prohibit vehicle parking in front of Winn-Dixie Shopping Center. The motion was seconded by Councilman Oswalt and unanimously carried. The RESOLUTION was read by Mayor Smoak, by title only, and the number 250 was assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING CERTAIN PROPERTY DESCRIBED HEREIN FROM RIA ZONING CLASSIFICATION TO C2 AND Ml ZONING CLASSIFICATION: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING fOR SEVERABILITY; PROVIDING AN-EFFECTIVE DATE; . PROVIDING FOR PUBLICATION, and the motion was. seconded by Councilman BlacRburo. The ORDINANCE was read for a second.and:fJnal reading by,tltle only by City. Attorney Vason and upon.roll call vote on passage of the:motion-the result_ was: Ayes~Black- Burn, Byrd, Schroedel, Oswalt and'Smoak": Total Ayes: Five. _Nayes: None~. Sot/1e.::~' ORDINANCE was adopted and_the Num~er 124-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (C) (2) OF SECTION 26-22 OF THE CODE OF ORDINANCES: PROVIDING FOR MINIMUM LOT WIDTHS AND BUILDING SET-BACK LINES: REpEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Byrd. i:he ORDINANCE was read for a second and final reading by title only by City Attorney Vason and upon roll call vote on passage of the motion the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 125-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTIONS (E) AND (F) OF SECTION 26-22 OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING FOR MAXIMUM AND MINIMUM BUILDING SET-BACK REQUIREMENTS IN R3A, TOWNHOUSE RESIDENTIAL ZONING DISTRICTS: REPEALING SUBSECTION (F) (4) OF SECTION 26-22 OF THE CODE OF ORDINANCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel. The ORDINANCE was read for a second and final reading by title only by City Attorney Vason and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 126-C assigned to it. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (E) OF SECTION 26-23 OF THE CODE OF ORDINANCES: ESTABLISHING MINIMUM AND MAXIMUM BUILDING SET-BACK REQUIREMENTS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICA- TION and the motion was seconded by Councilman Blackburn. The ORDINANCE was read for a second and final reading by title only by City Attorney Vason and upon roll call vote on passage of the motion the result was: Ayes: Blackburn, Byrd, Schroedel, Oswalt and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the number 127-C assigned to it. Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (B) (2) OF SECTION 26-28 . OF THE CODE OF ORDINANCES: ESTABLISHING A RATE SCHEDULE FOR APPLICATIONS FOR CHANGES IN ZONING: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION: and the ORDINANCE was read for a first reading by City Attorney Vason, by title only. Motion was made by Councilman Oswalt and seconded by Councilman Schroedel and unani- mously carried that the bills be paid. Motion was madeb~ Councilman Blackburn, seconded by Councilman B~rd, and unanimously cAfried that the it~ of Clermont will no longer assume responsibllity for payment for any further gas elivered to the Baker Grove site. e e e . MINUTES NQ 1108 Director of Community Services inquired what action the Council wished to take on the three-inch water line to the Baker Grove. No action was taken at this time. This matter will be negotiated between Mr. Baker, the City Manager and City Attorney. City Manager Hopkins advised Council that Michaels-Stiggins has requested a pay- ment of $11,285.05 which is the amount payable for the Operation and Maintenance Manual prepared by them. and he recommended that they be paid up to the amount still pending from EPA, $6,985. 7e, . leavi D9 a balance. of. $36,140.00' to._ be. paid when. the Ci:J:y receives the remaining money from EPA. Motion was made by Councilman Oswalt, seconded by Councilman B~rd that the recommendation of City Manager Hopkins for a ent of $6,985.78 to ichaels-Sti ins be a roved. Upon roll call vote on the passage 0 t e motlon t e resu ts were: yes: swa t. Total Ayes: One. Nayes: Blackburn, Byrd, Schroedel and Smoak. Total Nayes: Four. The motion failed to carry. The Mayor stated that he voted against the motion because 1. the City is in a very precarious position with the Department of Pollution Control because, frankly, he feels, the work on the percolation ponds have been carried out very inefficiently and with many inaccuracies in calculations at the time the original work was performed, that 2. he thinks that the City Attorney should be instructed to investigate every legal recourse that the City may have with the initial engineers, with the construction company and the sub-contractors. Motion was made by CouncilmanSchroedel, seconded by Councilman Blackburn and UIIGIIJlllously carried that the City Attorney be instructed to research all contracts concerning the percolation pollshlng ponas. Motion was made by Councilman Blackburn, seconded by Councilman Oswalt and unanimously carried that no pa:ent be made.to.M.lchae.ls,..Stlgg1ns on their outstanding bi'l untll a report is receive from the GftYAttorney. City Attorney Vason was requested, as he researches the contracts, to make notes of any areas of these contracts that need strengthening in future contracts. City Manager Hopkins referred to his memo to Council of January 6th concerning correspondence from the Lake County Planning Department of Natural Resources, and that since the Planning Department will present requests from the cities to the County Commission on January 16th, he wished to know Council IS desires in the matter. It was his recommendation that the City not submit a request. Motion was made by Councilman Oswalt, seconded by Councilman Schroedel that the recommenaat1on ot the City Manager that we do not submit a request for boating improvement funds be accepted. Upon roll call vote on passage of the motlon the result was: Ayes: Oswalt, Schroedel, Byrd and Blackburn. Total Ayes: Four. Nayes: Smoak. Total Nayes: One. The motion carried. Concerning proposed Personnel Manual Changes presented to Council by City Manager Hopkins in a memo dated January 6, 1975, motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that the personnel manual amendments submitted by City Manager Hopkins be approved in order to comply with the Fair Labor Standards Act. Mayor Smoak announced the next order of business to be the various board and commis- sion appointments. They were made as follows: Planning and Zoning Commission - Two-Year Appointments Nick Jones Ruth Alice Ray Jane Wilkins Laura Blanchard Planning and Zoning Commission - One-Year Appointment Ben G. Cunningham . e e . MINUTES NQ 1109 Plumbing Board - One-Year Appointment Bill Lawson M. J. Barnes Electrical Board - One-Year Appointment Seldon Hanks William Britt J. L. Madden John Minor 8t:tilding-Board of Appeals - Three-Year Appointments Robert E. Allison Nick Jones Lake Apopka Natural Gas District - Two-Year Appointment~ John N. Sargent Pollution Control Board Claude E. Smoak, Jr. Liaison Representative to the Library Board George E. Schroedel Representative to the Chamber of Commerce Carlisle A. Byrd, Jr. Municipal Judge - One-Year Term R. W. Waters It was the recommendation to the Mayor that the Airport Study Committee be abolished. No action was taken on this recommendation. Councilman Blackburn stated that he has been approached by many people asking about a traffic light being installed at Highway 50 and Bloxam Avenue, and if Council could pass a Resolution asking the State to look into this. He was advised that the State, at their expense, have committed themselves to installing a traffic light at East Avenue, but that we asked them to hold off at Bloxam until after shopping center, banks, etc. were completed, but that evidence is that now it will warrant one. Mr. Hopkins was requested to contact the DOT to see if they have made a study of Bloxam Avenue, and if the signal is now warranted. The Mayor requested Council to consider the maintenance problem of the green area around Winn Dixie. He stated that evidently we did not have any legal recourse to force the maintenance of the improvements that have been made, but wondered if Winn Dixie could be approached-from a pu~lic relations standpoint,to cooperate in having the anea cleaned up. The meeting was adjourned by Mayor Smoak at 10:55 P. M. c&~r ~ 0 A) ,() tJ..-/UdJ M. Dollar, Deputy Clerk