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01-13-1976 Regular Meeting . e e . MINUTES NQ 1228 REGULAR MEETING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 13, 1976. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Schroedel, and Blackburn. Other officials present were; City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and Mrs. W. B. Perry, Mr. and Mrs. R. W. Waters, Mesdames Sheldon, Schroedel, Jones, Schitter, and the Messrs. Czech, Beals, Davis, Beach, Creech, Fleming, Black and Sargent. 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 Oath of Office was administered by Mayor Smoak to Ben Blackburn and George J. Schroedel, re-elected to membership on the City Council in Groups numbered 2 and 4, respectively, at the General Election held on December 2, 1975 for two year terms. Having successfully completed The Small Cities Management Training Program, sponsored by the Institute for Training in Municipal Administration wherein the participants developed a better understanding of the total city organization and the interrelationship of functions, the following named city employees were presented Certificates of Completion by Mayor Smoak: Mrs. Dolores W. Carroll, City Clerk; John W. Fleming, former Finance Director; F. Wallace DeDier, Finance Director; Robert E. Smythe, Director of Community Services; E. Preston Davis, Utilities Director; Prentice Tyndal, Chief of Police; Junior Beach, Foreman in Community Services Department; Leo E. Creech, Foreman in Utilities Department; Mitchell E. Rogers, Sgt. in the Police Department; Harvey Nagel, Director of Community Development; and, City Manager Robert M. Hopkins. Mayor Smoak extended his congratulation to the participants, and opined he felt it was commendable and exemplary of the job performed as City Manager by Mr. Hopkins. The Minutes of the Regular Meeting held December 23, 1975 and of the Special Meetings held December 29, 1975 and January 6, 1976, were approved as written. Mrs. Dorothy Jones, Secretary of the Clermont Church of God located at 679 Grand Highway, appeared before Council and requested that the monthly sanitation pickups at the Church blj! waived. She advised Council that there was not enough trash and garbage generated at the Church to warrant weekly pickups, and that they had been experiencing considerable vandalism and strewing of the trash containers recently. Mrs. Jones was advised that there were no provisions in the existing Sanitation Ordinance whereby the fee sould be waived except in cases where the premises are not occupied for a full calendar month, whereupon motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the request be denied. Councilman Byrd expressed concern about the reported vandalism, and this matter was referred to Chief Tyndal. City Manager Hopkins submitted his written annual report of the financial and administrative activities of the city, and a copy is attached hereto. City Manager Hopkins reported orally as follows: That bids have been solicited for the redoing of the exterior of Jenkins Auditorium; That the quarterly meeting of the Lake County League of Cities would be held on Wednesday, January 21st in the Community Building in Leesburg, with Mayor Langford of Orlando, a past President of the Florida League of Cities, presenting the program; and, That he was proud to announce that Mayor Smoak had been appointed to membership on the Florida League of Cities Board of Directors from the 5th Congressional District. Council was in agreement that it was an honor for the citizens of Clermont to have the Mayor hold such position, and inasmuch as there will be out-of-pocket expenses incurred for Mayor Smoak at attend the four quarterly meetings of the Board, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the City Manager be authorized to make reimbursement by city funds to Mayor Smoak for such expenses. . e e . MINUTES NQ 1229 Mayor Smoak reported as follows: That at a meeting of the Lake County Pollution Control Board on Monday, January 12th, the City of Clermont was granted an extension of their variance for effluent disposal until the meeting to be held in June; That with the resignation of Richard E. Oswalt from Council, who had also been a voting member of the "208" Committee, he would appoint Preston Davis to fill this vacancy immediately; That City Manager Hopkins had agreed to continue in his position as the second ioeilvvoting member on the Committee until his effective resignation date on February 6th, at which time it would be necessary to fill that vacancy; That be had appeared before the Lake County Board of Commissioners this date in support of Council's request that a single voting precinct in the city for city residents be established; That the Commission had suggested several alternatives, but had committed themselves to investigation of any legal ramifications involved, the procedure that would be necessary, and whatever costs would be involved. Councilman Schroedel, liason representative to the Library Board, reported briefly on his attendance at their meeting held this date as follows: That total book holdings for the year just ended had been 17,000 books; That book circulation for the year had been 27,909; That total registration for the year had been 2300; and, That a "Love Your Library Day" celebration sponsored by the Clermont Junior Womans Club would be held on February 7th in the Jenkins Auditorium and the adjacent park to the east of the building. Councilman Byrd reported that, foll~ing Council action to have the traffic light at Eighth and Montrose Streets removed, he had received numerous complaints that this had been a mistake; That he had received no comments as to its removal being favorable, and he thereby moved that Council consider the possibility that it had been a mistake to have the light removed, and take action to have it reinstalled. The motion died for lack of a second. Mayor Smoak reported as follows: That bi-centennial plaques for bhe liberty trees to be planted in the Center Lake area had been received which read as follows: "Commemorative Bi-Centennial Plantings 1776 to 1976 Presented To The Citizens Of Clermont 2076 From The Citizens Of Clermont 1976"; That Richard E. Oswalt had 8ubmitted his resignation from membership on the Council due to his change of residence to outside the city limits, and desired to express his apprectation to fellow council members, city personnel and all citizens of Clermont for cooperation and courtesies extended to ~~ during his term in office; That inasmuch as he felt Mr. Oswalt would be a diffucult member to replace ontthe Council as he had always done his "hoaework" in the investigation of matters prior to being considered at council meetings, and in general had been an excellent member of the Council, he had requested City Attorney Baird to prepare a Resolution in support of Mr. Oswalt's resignation and to thank him for his service to the citizens of Clermont both as a member of the City Council and the Planning & Zoning Commission, which he desired to present to Council at this time for their consideration. Mayor Smoak thereupon read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HONORING AND EXPRESSING APPRECIATION TO R.E. (BUDDY) OSWALT in its entirety. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and unanimously carried that the RESOLUTION be adopted and the Number 264 be assigned to it; That a communication had been received from City Attorney Baird wherein he had opined it would not be permissable for an interium appointment to Council prior to a Special Election being held to fill the vacancy created by Mr. Oswalt's resignation, and he would therefore recommend that the Special Election be held in conjunction and on the same date as the Presidential Primary to be held on March 9th. City Manager Hopkins was requested to investigate this possibility, for report back to Council. City Clerk Carroll read a communication from The Honorable Bruce A. Smathers, Secretary of State, wherein acknowledgement was made that the revised City Charter had been received and filed in his office on December 29, 1975. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the bills be paid. e e e . MINUTES NQ 1230 Vacancies on the various city boards and commissions were considered and acted upon as follows: PLANNING & ZONING COMMISSION The names of Henry Czech, Oakley Seaver, Richard Williams, Ben Cunningham, Richard Decker, Kenneth Norquist, Jim Milward, and Jack Sargent were placed in nomination for the five vacancies to be filled. Following open vote of Council and recorded by the City Clerk, Kenneth Norquist, Ben Cunningham, Jack Sargent, and Hen~ Czech were appointed to membership for a two year term. There remained a tie vote of two each on nominees Williams and Milward, whereupon Mayor Smoak advised the 5th appointment would have to be delayed until the 5th member of Council had been elected. PLUMBING BOARD It was consensus of Council that appointments to this board be delayed until such time as recommendations are received from the Director of Community Development, now on annual vacation. ELECTRICAL BOARD Motion was made be Councilman Schroedel, seconded by Councilman Byrd, and un- animously carried that Seldon Hanks, William Britt, John Minor, J. L. Madden and Harvey Nagel be reappointed to membership on the Electrical Board for a one year term. BUILDING BOARD OF APPEALS Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that Donald St. John be reappointed to membership on the Building Board of Appeals for a three year term, and, that inasmuch as Henry Czech had declined reappointment, that the second vacancy not be filled until recommendation is received from the Director of Community Development. POLLUTION CONTROL BOARD Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that Mayor Claude E. Smoak, Jr. be reappointed to membership on the Pollution Control Board with no specific term being designated. AIRPORT STUDY COMMITTEE Inasmuch as this committee had been inactive and Council was not aware of any pending matters before Committee, it was consensus that appointments to this com- mittee be deferred at the present time, and City Manager Hopkins be requested to communicate with former members as to the status of the committee. LIBRARY BOARD Motion was made b, Councilman Byrd, seconded by Councilman Blackburn and carried that Councilman Schroedel be reappointed as liason representative to the Library Board of Cooper Memorial Library. MUNICIPAL JUDGE Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously carried that R. W. Waters be re~PPQinted as Municipal Judge for a term of one year. The Oath of Office was administered to Judge Waters by Mayor Smoak. LAKES IMPROVEMENT COMMITTEE It was consensus of Council that recommendations for persons having an interest and some knowledge of quality control be obtained before appointments are considered to this committee, and that the matter be placed on the agenda for the next regular meeting. . e e e MINUTES NQ 1231 CHAMBER OF COMMERCE Motion was made by Councilman Byrd, seconded by Councilman Schroedel and carried that Councilman Blackburn be appointed as liason representative Co the Chamber of Commerce Board. With regards a communication received from the City of Winter Park soliciting the support of Council in the passage of H. B. 1983 introduced in the Florida Leg- islature regarding methods for municipalities to fund the many mandates as ordered by the state, Councilman Schroedel offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, SUPPORTING H. B. 1983 INTRODUCED IN THE FLORIDA LEGISLATURE CONCERNING FUNDING OF LOCAL GOVERNMENT ACTIVITIES MANDATED BY THE STATE OF FLORIDA and the motion was seconded by Councilman Byrd and unanimously carried. The RESOLUTION was read by City Clerk Carroll, by title only, and the Number 265 assigned to it. With regards recommendation of City Manager Hopkins that advertisement for bids on the property owned by the city and declared to be surplus be solicited, and the property be displayed at the city garage for examination by prospective bidders, motion was made by Councilman Schroedel, seconded by Councilman Blackburn and carried that the recommendation of the City Manager be accepted. With regards recommendation of the city's engineers for three additional water- works improvements as: (1) Water main extension along Grand Highway from State Road 50 south (2) The crossing of State Road 50 at 12th Street (3) The acquisition of a site to provide for future elevated storage, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that items 2 and 3 be deferred until an immediate need arises, but that item 1 be accepted with an amendment that city forces install approximately 1800 feet of 6" asbestos cement pipe water main on Grand Highway and Hook Street from State Road 50 to US 27, that the contract with Central Florida Underground, Inc. be expanded to include the approximately 2200 feet of 6" cast iron pipe water main on the east side of US 27 south from Hook Street, and, that a contract amendment to cover above be formalized and forwarded. It was consensus of Council that the recommendations of the Planning and Zoning Commission for changes to the Subdivision Regulations be tabled antil the meeting to be held on January 27th. With regards to the need for authorization to change the n~e of the manufacturer of the cast iron pipe from U.S. Pipe and Foundry to Meade Sompany, Inc. in the bids for the water and sanitary sewer improvements to be made, motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that this authori- zation be granted. With regards the expiration of the Employment Agreement of the City Attorney on December 31, 1975, motion was made by Councilman Schroedel, seconded by Councilman Blackburn and unanimously carried that the Employment Agreement between Council and Leonard H. Baird, Jr. be contained for one year, but to be amended as follows: RETAINER FEE: "The City Attorney shall receive the sum of $400.00 per month or such sum as Council may designate from time to time as compensation for his services" etc. Councilman Schroedel offered and moved the adoption of 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-M, AS AMENDED SHALL OTHERWISE CONTINUE IN FORCE AND EFFECT, PROVIDING AN EFFECTIVE DATE, AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Blackburn. The ORDINANCE was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Total Ayes: Four. Nayes: None. So the ORDINANCE was adopted and the Number 83-M assigned to it. e e e e MINUTES NQ 1232 Councilman Schroedel introduced 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 THE REAL PROPERTY DESCRIBED HEREIN FROM R-2 ZONING CLASSIFICATION TO C-2 ZONmNG CLASSIFICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARRIE STREET DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUB- LICATION and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING A PORTION OF HILL STREET DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUB,,: LICATION and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. Mayor Smoak reported as follows: That it had been his experience in working with Bob Hopkins over the past five years that the city had been very fortunate in having a young man with a great deal of ability and drive in not only the performance of his duties at city hall, but in community related functions wherein he has done his job and done it well, and he thereby had requested the City Attorney to prepare a RESOLUTION in support of these experiences, which he desired to present for Council's consideration, Mayor Smoak read a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HONORING AND EXPRESSING APPRECIATION AND GRATITUDE TO. ROBERT M. HOPKINS, CITY MANAGER, where- upon motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously carried that the RESOLUTION be adopted, the Number 266 be assigned to it, and a copy presented to Mr. Hopkins. The meeting was adjourned at 9:40 P.M. by Mayor Smoak. !f~ CLAUDE E. SMOAK, JR., MAYOR ARREST: ~~OW4 ),1 c.4~~~ 00 ORES W. CARROLL, CITY CL