12-16-1975 Regular Meeting
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MINUTES
REGULAR MEET! NG
NQ 1216
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, December 16, 1975. The meeting was called to
order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members
present: Councilman Oswalt, Byrd, Schroedel and Blackburn. Other officials
present were: City Manager Hopkins, City Attorney Baird, Deputy Clerk Dollar
and Director of Community Services Smythe. Others present were Mr. and Mrs.
Boone and Messrs. Czech, Doub and Haeseker.
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 December 9, 1975 were approved.
City Manager Hopkins submitted his report both orally and written, and a copy
is attached hereto. In ~ition he referred to his memos to council as follows:
That following the conditional award to Central Florida Underground, Inc. in
the amount of $122,924.25 to construct water system improvements, a request was
submitted to the Exchange Bank for interim financing and that a letter had been
received from the bank advising the interim financing can be made available in the
amount of $155,000 for one (l) year at 7% per annum interest and requested
Council approval for this arrangement; that the final draft of the agenda and
questionnaire had been developed for the Town Hall meeting and copies distributed
to Council for their persual and comment and at such time as they are finaliied I
the necessary publicity and final arrangements can be made for this meeting which
is presently scheduled for February 6, 1975 at Jenkins Auditorium; that the
necessary requirements to be met in order to use a tent for public assemb'y have
been investigated by the Building Official and it is recommended that approval
be granted subject to meeting the building code conditions and a payment of
$15.00 license fee; That Mr. Floyd Groo of Michaels-Stiggins, Inc., in a
telephone conversation this date, further proposed that the credit of $5,563.00
submitted in their proposal at the work session on December 15, be increased by
$5,907.98 and requested this be brought before the Council.
With regards the ordinance violation by South Lake Pumping Company and B-Lyon
Construction Company, Mayor Smoak inquired why no affirmative action had been
taken in this length of time as far as enforcing the ordinance and what action
the city attorney can take in addition to the ordinance. He stated it appeared
to him the violator is simply in violation ,knowingly and sa,ying_ do what we can do
about it, that this violation is a flagrant violation and that any means to
enforce compliance is not too early to take. City Attorney Baird advised that
he is now in the process of developing a procedure for issuance of warrants
upon affidavit by the Municipal Judge which would be completed by the end of
the week and action in this particular case will be taken probably the first
of next week.
With regards to the Interim Financing for the Water Improvements project, Mayor
Smoak stated that he thought the interest rate was excellent but wondered if,
due to the amount of interest involved, this should be put on a bid basis to
comply with Florida 5tatutes~ and requested the opinion of the City Attorney.
City Attorney Baird stated that ft was his understanding that this type of action
is not controlled by the statute referred to. Mayor Smoak further stated that
it would seem to him the purchasing of use of capital is no different from
other purchases and suggested that more than one inquiry on interest be obtained
before council takes action. City Manager Hopkins was requested to make further
inquiries as to interest rate.
With regards the request for holding a tent revival within the city limits,
Motion was made by Councilman Byrd, seconded by Councilman Schroedel, and carried,
tt1aY ~he re~d!tiotf of tfl~ City Manager be accepted .and approval granted for
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MINUTES
NQ 1217
use of a tent for Publ i c_l.ss~rnbly subject to meeting the conditions of the
building code and the payment of a $15.00 license_fee.
Mr. Boone appeared before Council in behalf of the petition for the tent
crusade, stating that they were having difficulty getting the proerty they
wished to use for the tent. He solicted the goodwill of Council and signatures
of city officials to be added to those of city businessmen to a letter to the property
owner. The letter was signed by Mayor Smoak and City Manager Hopkins.
Mayor Smoak reported on a meeting held December 15th with Mr. Floyd Groo,
President, and H. A. Haeseker, Vice President, of Michaels-Stiggins, Inc. The
purpose of the meeting was primarily a fact finding~athering, a meeting of
the minds so so speak and an informational period where Michaels-Stiggins and
the city could express the general position that each held concerning the
defective percolation-evaporation ponds at the city treatment plant. At this
meeting Mr. Groo made a proposal to the city that their statement be reduced
by $5,563.00. An additional proposal was received today from Mr. Groo that
credit be increased by $5,907.98, ma~ing a total credit of $11,470.98.
Mr. Haeseker appeared before Council and further explained the credit proposal.
Mayor Smoak advised that it was his recommendation that no affirmative action
be taken on Michaels-Stiggins proposal until the City Attorney has had ample
time to research all the facts in the case and make a determination as to
the cityls stand. He requested council IS feeling in order to give Michaels-
Stiggins a definite answer as to what direction the city to going to go
with this problem.
There was a lengthy discussion on the appropriate course of action the city should
take to resolve the program of the percolation-evaporation pond design.
Regarding the payment to Michaels-Stiggins, motion was made by Councilman
Oswalt, seconded by Councilman Schroedel and carried that the final payment to
Michael-Stiggins, Inc. be withheld until such time as a full report is received
from the City Attorney.
Mayor Smoak recommended that the City Attorney be authorized to undertake an
investigation of the matter of the defective design plans of the treatment system,
whereby motion was made by Councilman Blackburn, seconded by Councilman Schroedel,
and carriea that the City Attorney be authorized to proceed as soon as possible
with the investigation to determine the legal position of the City regarding
the problems experienced with the effluent distribution system.
Mayor Smoak thanked Mr. Haeseker for appearing before Council and the attitude of
Michaels-Stiggins and advised that Council will be in touch with them as soon as
a determination is made. Mr. Haeseker offered the assistance and support of
Michaels-Stiggins to Mr. Baird in his investigation.
Mayor Smoak advised that he had received a report from the Select Sub Committee
investigating the implemention of Article V, Abolishment of Muncipal Courts and
of the three legislators on the committee, that two were in favor of implementing
the Article as written and that the third member was in favor of taking the
questions of Article V back to the people and that he was going to prefile a bill
in the state legislature to delay implementation of the act for the next two years.
Mayor Smoak requested the members of Council, as well as others, to contact their
legislators in support of retention of municipal courts.
Mayor Smoak stated that he felt that with only 7 months away from the 200th
Anniversary of this country that we are not moving as rapidly as we should
with plans for celebration. He would like to see a report from the Bicentennial
Committee Chairman stating their progress, what their anticipated plans are,
as council, in turn, must make a decision on the time capsule.
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NQ 1218
Mayor Smoak inquired the status of the city christmas lights. City Manager
Hopkins advised that the fitures had been put ap for the Christmas parade
but the lights had not been activated, that since there was very little activity
in the downtown area after dark, management had choosen not to light them
and use the energy. However, he stated, the Public Works Department has
installed an arragement on a raft in Center Lake which is very effective.
Councilman Schroedel expressed thanks to Mr.~jtbefor the display in Center Lake
which he thought was terrific and a beautiful sight.
Mayor Smoak reminded Council of the testimonial dinner to be held on December
19th to honor the volunteer Firemen and stated that he had asked the City
Attorney to prepare a resolution in support and in honor of the Clermont Volunteer
Firemen so that they know the people of Clermont appreciate their services.
Councilman Oswalt offered and moved the adoption of a RESOLUTION HONORING AND
EXPRESSING APPRECIATION AND GRATITUDE FOR THE CLERMONT VOLUNTEER FIRE DEPARTMENT
and the motion was seconded by Councilman Blackburn and unanimously carried.
fhe RESOLUTION was read by Mayor Smoak, and the Number 358 assigned to it.
The agreement for services between the City and Sanford Young in conncetion
with the Clermont Lakes Improvement Committee submitted by the committee was
received and discussed by Council. It was consensus of Council that the agreement
should include more specific definitions. In paragraph 7, it was felt that
this paragraph should be worded that the city would pay not to exceed $1,000
for services rendered upon approval of the work and subsequent bills. Mayor
Smoak felt that a procedure should be established whereby the committee approves
work prior to its being performed and that the bill for services be endorsed
by the committee before being presented to Council. In paragraph 8, it stated
the agreement terminates September 30, 1976 which is only for an 8 month period.
\ Commenting on Paragraph 4, Mayor Smoak stated that though the city must ta~e
the final action on what is done as far as expending funds, he would like to
see the initial activities taken by the committee. He further stated that
when this committee was formed no format as to their functions had been provided
to them and that he hoped when the agreement was approved Council would adopt
such a format setting out the purpose of this committee and its functions.
Councilman Oswalt moved that the Agreement for Services be returned to Mr.
Sanford Young for more specific detail in regard to Paragraph 7. The
motion was seconded by Councilman Blackburn. Mayor Smoak stated that he would
like to see the agreement returned to the Lakes Improvement Committee to have
them review Paragraphs 1 thru 8 and submit more specific definitions. Councilman
Blackburn moved that Councilman'Oswalt's motion be amended to have the agreement
returned to the Lake Improvements Committee for their review and consideration
of the council's recommendations. The motion was seconded by Councilman Oswalt
and carried. City Manager Hopkins suggested a meeting with the Lakes Improvement
Committee and Mr. S. Young to come to some agreement in order to expedite approval.
Councilman Byrd inquired if there was any reason why the Finance Director could
not be appointed to the Lakes Improvement Committee to assure the handling of
city funds are done according to law. Mayor Smoak felt that this appointment
was not necessary if guidelines are set out for the committee. He further advised
that City Attorney Board had been requested to investigate the proper procedure
and handling of paying and authorizing expenditures arising from this committee
and suggested any further discussion be withheld pending a direction from the
City ~ttorney.
Mayor Smoak read a communication from Mrs. Ella Mae Sheldon, Secretary of the
Clermont Chamber of Commerce wherein she expressed appreciation to the city for
their cooperation and participation in the Christmas festivities.
Concerning the FmHA Agreement executed by Greenlee~ Paul and Furnas in
conformance with FHA recommended format, motion was made by Councilman Byrd, seconded
by Councilman Schroedel, and carried, that the Mayor be authorized to sign
the FmHA Auditor's agreement on behalf of the City of Clermont.
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NQ 1219
With regards to a report from the Sun First National Bank of Leesburg on the city's
pension plan annual accounting, City Manager Hopkins was directed to set up a work
meeting for early in January with the represenative of the Sun First National Bnak
of Leesburg provided that comments on the report can be received from Dr. R.
Fogler by that time. Each member of council was requested to review the report prior to
the work session.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CEERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION
(b) OF SECTION 8 OF ORDINANCE NUMBER 25-1-M OF THE CODE OF ORDINANCES PROVIDING
FOR A SCHEDULE OF RATES AND CHARGES IN THE NON EXCLUSIVE FRANCHISE HERETOFORE
GRANTED TO THE T. M. COMMUNICATIONS COMPANY: REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION. The ORDINANCE was read for a second and final reading by Deputy
Clerk Dollar, by title on1y~ and upon roll call vote on passage of the motion,
the result was: Ayes: Oswalt, Byrd, Schroede1, Blackburn and Smoak. Total Ayes:
Five. Nayes: None. So the ORDINANCE was adopted and the Number 82-M assigned to
it.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT OF THE FRANCHISE
HERETOFORE GRANTED TO T. M. COMMUNICATIONS COMPANY TO TELEPROMPTER SOUTHEAST, INC.,
PROVIDING THAT ORDINANCE NO. 25, AS AMENDED SHALL OTHERWISE CONTINUE IN FORCE
AND EFFECT, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION, and the
ORDINANCE was read by Mayor Smoak, by title only, for a first reading.
Mr. Jay Doub appeared before Council and advised that he was being transferred
to another post with Te1epromp~t and thanked Council personally for their
professionalism and courtesies shown to him and Teleprompter and that he is
sure his successor will continue to work with Council.
Mayor Smoak advised that it is necessary to get the charter changes accepted by
the city into proper format so that the changes can be implemented beginning January
1. ctty Attorney Baird stated that he will report at the next meeting exactly
what has to be done to implement these changes.
The meeting was adjourned at 9:15 P. M. by Mayor Smoak.
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C1au e E! moak, Jr., ayor
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~~r, eputy Clerk