01-13-1976 Regular Meeting
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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.
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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.
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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.
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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.
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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:
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00 ORES W. CARROLL, CITY CL