09-09-1975 Regular Meeting
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MINUTES
NQ 1181
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, September 9, 1975. The meeting was called to
order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members
present: Councilmen Blackburn, Byrd and Oswalt. Other officials present were:
City Manager Hopkins, City Attorney Baird, Deputy Clerk Dollar, Director of
Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal.
Others present were Mrs. Ella Mae Sheldon, Mr. Charles Beals, Mr. and Mrs. T. Busch,
Mr. and Mrs. J. A. Sanders and Mayor Jean Thrower and Councilmen Allen and Molye
of Minneola. 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 Regular Meeting held on August 26, 1975 and of the Special
Meeting held on September 2, 1975 were approved as written.
Mayor Smoak recognized Mayor Jean Thrower and Councilmen Allen and Molye of
Minneola. Mayor Thrower stated that they were appearing before Council pertaining
to the possibility of using the City of Clermont's dispatching service in
connection with Minneola's police department and that they were open to any
suggesti ons the counci 1 mi ght have in thi s regard. It was consensus of Council
that they were willing to cooperate with Minneola in this but that they were not
prepared to offer any firm decision at this meeting and that a joint meeting of
the two Councils should be scheduled to discuss the alternatives that are available
to cooperate with Minneola. It was thereupon agreed to hold a joint meeting of
the Councils on Thursday, September 11, 1975 at 7:30 P. M. in the office of the
Clermont City Manager.
Mr. Trent Busch appeared before Council in his own behalf concerning Building
Permit No. 0225 for remodeling his present residence to accommodate a two car
garage and a one bedroom apartment, and the Building Official';s stand that he
had not complied with the Southern Building Code time requirements for completion
of the project. Mr. Busch stated that he was appealing to Council under Section
113.1a of the Southern Standard Building Code for a reversal of the Building
Official's opinion. Both the City Manager and the Building Official gave background
information on this project and it was their stand that the time lapse of the 90
day extension of the permit for finishing the project was in violation arid causing
a problem situation in the neighborhood because of the unsightly condition of
the property. They were both willing to cooperate with Mr. Busch, but felt
that the matter should be put before Council for a determination on a further
extension of the building permit. Council assured Mr. Busch that they were willing
to cooperate with him but wanted assurance that he would complete the project
in a specified time, which he agreed to. Motion was made by Councilman Blackburn,
seconded by Councilman Oswalt and carried that Council had no objection to the
Buildin! Official giving Mr. Busch an extension of time as long as he assured
the Bui ding Official that the building will be completed in a specified time to
be worked out mutually between the Building Official and Mr. Busch.
City Manager Hopkins submitted his report both orally and written and a copy
is attached hereto.
With regards the employment of a City Controller, motion was made by Councilman
Blackburn, seconded by Councilman Byrd, and carried that the City Manager's
recommendation that Mr. F. Wallace DeDier be employed as Controller be accepted.
Regarding the installation of a timer at the tennis courts, Mayor Smoak suggested
that City Manager Hopkins look into the city purchasing the timer directly from
a supplier and having it installed by an electirican.
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MINUTES NQ 1182
With regards the City Hall sign, motion was made by Councilman Oswalt,
seconded by Councilman Blackburn that the City Manager be authorized to proceed
with removal and renovation of the sign on City Hall. Upon roll call vote
on the motion, the results were: Ayes: Blackburn and Oswalt. Nayes: Smoak and
Byrd. The motion failed to carry.
Councilman Byrd moved that the City Manager be instructed to bring to Council
further plans and alternate solutions to the handling of the sign on City Hall
and Council be given an opportunity to review his recommendations. The motion was
seconded by Councilman Oswalt and carried.
Mayor Smoak advised that Mr. Marvin Styles had advised him the city's correspondence
regarding the tennis courts had been misplaced, but that he would bring the matter
to the school board~s:. attention at their next meeting; that he felt some arrange-
ments could and would be made to complete the courts. He asked the City to
participate, as such time as the school board has definite plans and finances to
complete the courts, in either textured finishing, lighting or some completion
of the courts. He will be in further touch with the city.
Concerning the Local Comprehensive Planning Act passed by the State Legislature
in 1975, Mayor Smoak stated that this act is rather extensive in its requirements
and that each county and municipality must develop a comprehensive act to be
in force by July 1, 1979; that as President of the Lake County League of Cities
he is calling a meeting for September 25, 1975 at 1:30 P. M. to be held in the
Bank of Mt Dora's community room to review the act. He further stated it was
his intention to invite a representative of the Department of Community Services,
local state officials and representatives of each of the Lake County communities
to participate in the discussion. Mayor Smoak asked each council member to
familiarize himself with the act and at the next Council meeting set a work
session to review it. City Manager Hopkins commented that he had attended a
workshop session put on by the East Central Florida Regional Planning Council in
which the act was reviewed and that he would furnish Council members with material
he brought from this meeting. He also suggested that since the State Department
of Administration, Division of Planning is the state agency going to be responsible
for the implementation of the act it might be well to consider inviting a
representative of this agency to the September 25th meeting.
Upon inquiry of Councilman Blackburn regarding a meeting of the Minneola-Clermont
Committee of the Land Use Plan with the county, Mayor Smoak advised that the
Lake County Planning Department has almost completed a land use survey within
the two municipalities and as soon as that is completed they will call an
organizational meeting.
Mayor Smoak reported that he and the City Manager had attended a Library Board
meeting on September 8th and that some of the board members had the feeling the
city felt they were not doing a proper job. The Mayor thought this was a mis-
interpretation brought about from some newspaper articles that were not clear
but that this feeling has been removed; that the library board was very appreciative
of the paint job and other things the city has done for them.
Motion was made by Councilman Oswalt, seconded by Councilman Byrd, and carried
that the bills be paid.
City Manager Hopkins reviewed a memo to Council dated September 5, 1975 (copy
attached) concerning his meeting with Mr. and Mrs. D. M. McCaffrey on street
improvements to Millholland Street and at which meeting the McCaffreys were
most emphatic in the postion that the property be used for a street and no other
purpose; that they will not be required to share in cost of construction; that
they are not interested in a cash settlement, and want assurance that their
position will be honored in the future. Following discussion of the question of
whether the City is obligated to honor the commitment made by a former City Manager,
and whether the street improvement should be made, the City Attorney was requested
to formulate the legal alternatives open to the city and submit them in writing
to Council for consideration at the next meeting. City Manager Hopkins was
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MINUTES
NQ 1183
requested to advise Mr. and Mrs. McCaffrey of counci1's action at this meeting
and that they will be notified as soon as official action is taken.
In a memo to City Council, City Manager Hopkins advised regarding the closing
of a portion of Carroll Street between West Lake Drive and the west boundary
of Government Lot 8 agreed to by Council at their meeting on April 4, 1975
subject to a surv~showing exact location of existing sanitary sewer facilities;
that the survey had been received and he recommended the City Attorney be
authorized to proceed with the necessary ordinance to permanently close and
abandon Carroll Street between West Lake Drive and the west boundary line of
Government Lot 8 and that the city retain a thirty (30) foot wide easement,
fifteen (15) feet either side of the center line. Motion was made by Councilman
Oswalt that the City Manager's recommendation that the City Attorney be instructed
to prepare the necessary ordinance to permanently close and abandon Carroll
Street between West Lake Drive and the west boundar line of Government Lot 8
and that the cit retain a thirt 30 foot wide easement, fifteen 15 feet
either side of the center line be accepted. The motion was seconded by Councilman
Byrd and carried.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA ADOPTING THE GENERAL OPERATIONS BUDGET
FOR THE CITY OF CLERMONT FOR THE FISCAL YEAR 1975-76; AUTHORIZING RECEIPTS
AND DISBURSEMENTS CONTAINED THEREIN; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR PUBLICATION and the ORDINANCE was read by Mayor Smoak for a first reading
by title only.
In discussion of the General Operations Budget, Mayor Smoak stated there were
two items he felt should not be included in the budget and that he could not
vote for the budget if these items remained. The first item is the $300.00
budgeted for the South Lake Nei~hborhood Center, which he felt supplied a
worthwhile need, but also felt the city should not be directly involved in
welfare programs. The second item is for the $7500 for a dump truck, as he felt
the use of that particular piece of equipment does not justify the capital
investment when you can buy dump truck loads of dirt for $20.00 and get 10 yards
of sand delivered.
Upon inquiry of Councilman Blackburn as to the State Attorney's opinion regarding
the giving of funds by the city to the Chamber of Commerce, City Attorney Baird
advised that he had not yet had an opportunity to read the entire opinion, but
that from excerpts he had read he felt the opinion deals solely with Chambers'of
Commerce not called for in a City Charter and therefore Clermont is not covered
in that opinion, but that he will report to Council at such time as he had read
the entire opinion.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, FLORIDA, PROVIDING FOR THE ANNEXATION OF A CERTAIN PARCEL
OF LAND CONTIGUOUS TO THE PRESENT CITY BOUNDARIES; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION and the ORDINANCE was read
by Mayor Smoak by title only.
Mayor Smoak questioned the adoption of the ordinance covering the General Operations
Budget within seven days from its second reading, when the city ordinance calls
for a thirty day period. City Manager Hopkins explained that the Home Rule Act
provides 10 days unless otherwise specified and that the Home Rule supersedes
the local charter; that the date was changed to 7 days to make the adoption of
the ordinance coincide with the fiscal year, but that if in error he will stand
corrected. Mayor Smoak stated council had voted to let the 30 days required by
the charter stand, that he had no objection to the seven days, but did not want
it questioned at some later date. Attorney Baird advised that there must be an
ordinance on the books to allow any deviation from the Home Rule Act. Mayor
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MINUTES
NQ 1184
Smoak requested the City Manager and City Attorney to resolve this question
between the first and second readings of the ordinance.
Regarding information from DOT concerning the reduction of the speed limit
on Highway at Emerald Lakes Mobile Park, which had been requested by the Emerald
Lakes Association, Councilman Byrd stated he agreed with DOT's stand for not
reducing the speed limit and that he would be in favor of a little more rigid
enforcement of the present speed limit.
Mayor Smaok advised Council they had been invited to participate in a United
Way Parade in Leesburg on September 20th and upon ascertaining that no one planned
on participating, he requested City Manager Hopkins to so advise the executive
director of the organization and thank him for the invitation.
Councilman Blackburn stated that he agreed with Mr. Byrd's views on control
of traffic on Highway 50.
The meeting was adjourned at 8:55 P. M. by Mayor Smoak.
.. (Jl 4-..J:l
Cl aU-de>-E. Smoak , Jr., Mayor
1J7rLR~~ %JJ2.t~
M: Dollar, Deputy Clerk