01-27-1976 Regular Meeting
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MINUTES
NQ1237
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, January 27, 1976. The meeting was called to order
at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Blackburn, Schroedel, and Byrd. Other officials present were: City
Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of Community
Services Smythe, Finance Director Williams, Building Official Nagel, and Chief
of Police Tyndal. Others present were: Mr. and Mrs. W. O. Boone, Sister
Rosanne Moran, and the Messrs. Lucas, Czech, Fleming, Wrightam, Ritchie, Brooks,
Sargent, White, Beals, and Black. 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 January 20, 1976 and of the Special
Meeting held January 23, 1976 were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to
consider a request of William Delaney for a Variance to the Zoning Ordinance.
City Manager Hopkins advised that following further research of the Ordinance,
it had been determined that a Variance was not necessary for the construction
which Mr. Delaney desired to do on his property, and the filing fee posted by
him had been refunded.
Mayor Smoak announced the next order of business to be a Public Hearing to
consider a request of the East Coast Migrant Head Start for a CUP to operate a
nursery school for migrant children ander the age of three at the Blessed
Sacrament Catholic Church. Sister Rosanne Moran of the Fransiscan Order
appeared before Council in support of this request, and advised they were in
agreement with the five conditions as recommended by the Planning & Zoning
Commission following their consideration of the request in Public Hearing on
January 6th, the same being:
(1) The nursery school must be approved by the
Blessed Sacrament Catholic Church.
(2) The nursery must meet all state requirements.
(3) If an outdoor play area is provided, the area
must be enclosed by a fence at least four (4)
feet high.
(4) The structure or use cannot be expanded except as
granted by the City Council under a Conditional
Use Permit.
(5) Must conform to all provisions of zoning and other
applicable ordinances.
City Manager Hopkins advised that the conditions had been met. Mayor Smoak
inquired if there be anyone present who desired to address the matter from the
floor, and there being none, motion was made by Councilman Byrd, seconded by
Councilman Schroedel and carried that the request be granted as presented and
including the conditions as recommended by the P & Z Commission. Councilman
Blackburn offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT
TO ALLOW FOR NURSERY SCHOOL FOR MIGRANT CHILDREN and the motion was seconded
by Councilman Byrd and carried. The RESOLUTION was read in its entirety by
Mayor Smoak and the number 267 assigned to it.
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NQ 1238
Mr. H. E. (Gene) Lucas appeared before Council in support of a letter pre-
viously submitted to Council wherein he.protested notice from the city to mow
his vacant property or else it would be mowed by city crews and invoiced to
him. The letter further reflected that~ though he was a city resident, he did
not receive city services such as natural gas, water, cable tv, trash and garbage
pic~up; That several years ago he had requested water service and had been turned
down because of the expense, but noted recently that new water lines were to be
extended to Hook Street and further south on Highway # 27. Mayor Smoak inquired
of Mr. Lucas if he nOW desired natural gas, water, and cable tv services, and he
replied in the negative. Mayor Smoak inquired if he desired city garbage and
trash pickup, and he replied that he did. Mr. Lucas was assured that this service,
same as afforded all other city residents at a cost of $4.00 per month would be
started immediately. Mr. Lucas was further advised that, according to existing
ordinances, he would be required to keep his property mowed and free of debris
as required of all other city residents and as inspected and determined by the
City Health Officer.
bfr. R. D. Wrightam, representative of the local DAV Organization, appeared
before Council and requested use of the Highlander Hut for their regular monthly
meetings. It was the suggestion of City Manager Hopkins that inasmuch as there
was an increasing use demand for Jenkins Auditorium, and the possibility that all
organizations desiring use of it could not be accomodated, that a possible
arrangement could be formulated with the DAV whereby in exchange for use of the
Highlander Hut without cost, they would maintain a schedule for use of the
building by others, collect necessary fees for use of the building as might be
established by Council, etc., a similar arrangement as exists now with the Chamber
of Commerce for use of the Jenkins Auditorium. This suggestion was accepted by
both Council and Mr. Wr ight am , and tha matter was referred to City Manager Hopkins
to develop a formal proposed agreement. Councilman Byrd advised that following
a recent visit to the building, he noted it was in need of routine maintenance.
This matter was also referred to the City Manager for attention.
Officer Elbert Richie of the local American Legion Post, and Officer R. D.
Wrightam of the local VFW Post, were present to present plaques from their res-
pective organizations to City Manager Hopkins in recognition and appreciation
for the many gratuities extended while serving the citizens of Clermont as their
City Manager. The plaques were graciously accepted by Mr. Hopkins.
City Manager Hopkins submitted his report both orally and written, and a copy is
attached hereto.
With regards recommendation of the City Manager that an interim audit covering
the first three months of fiscal year '75-'76 be authorized conducted by Green-
lee, Paul & Furnas in lieu of an immediate cash audit, motion was made by
Councilman Blackburn, seconded by Councilman Schroedel and carried that ~h1s
recommendation be accepted.
With regards inquiry by City Manager Hopkins as to input from Council to be
forwarded to the Lake Soil and Water Conservation District in their long range
plan, it was the suggestion of Mayor Smoak that they be advised the city would
welcome their assistance in implementing any practice which will maintain water
quality, but specifically and limited only to, spray irrigation, and, with regards
their proposed review of all subdivision and drainage plans, that this should
be on a volunteer basis and not a mandatory one.
Mayor Smoak introduced and extended welcome to George Williams, recently employed
as Finance Director of the city.
City Attorney Baird reported that the City of Clermont has been named as a party
defendant in a suit involving an incident several months ago wherein it has
alledged there was a wrongful death action on part of the city and the Clermont
Police Department; That the city's insurance carriers had been notified, That
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MINUTES
NQ 1239
he had been in touch with the plaintiff's attorneys; and, That he would be
keeping Council posted on the matter.
Councilman Schroedel reported briefly on what he opined to be an optimistic
meeting of Council and the Lake County Pollution Control Board at which time
they toured the site proposed as a possible location for the city's effluent
disposal; That while the board members appeared to be in favor of the location,
it would be necessary to have certain engineering studies performed before they
could make a commitment.
Councilman Byrd reported briefly on what he opined to be a very informational
and beneficial meeting of Council and the trust officers of the city employees
pension trust fund, at which time the annual accounting of the fund was reviewed;
That he was of the opinion the fund was in better shape that ever before, and
that the trust officers were doing a good job.
Finance Director Williams reported he had audited the invoices and their docu-
mentation as being presented for payment, and found no departures from the city's
purchasing policies or budgetary matters related thereto, whereupon motion was
made by Councilman Blackburn. seconded by Councilman Byrd and carried that the
bills be paid.
City Manager Hopkins reported that bids had been received on the texture coating
of the Jenkins Auditorium and the Chamber of Commerce Annex as follows:
Bishop & Black Painting, Inc. @ $4325.00
Colorcrete of Central Fla., Inc. @ $6675.00
Western Waterproofing, Inc. @ $4356.00
and recommended that the bid be awarded to Bishop & Black Painting, Inc., the
low bidder. Motion was made by Councilman Byrd, seconded by Councilman Blackburn
and carried that the recommendation of the City Manager be accepted and the bid
be awarded to Bishop & Black Painting, Inc. @ $4325.00.
Councilman Blackburn inquired if an attempt had been made in obtaining more
comfortable seating for the Council Chambers as had been discussed in the past,
and he was advised by City Manager Hopkins that brochures had been obtained which
he would furnish to the Council for their consideration.
With regards recommendation of City Manager Hopkins that the proposal submitted
by Dr. William M. Howard for actuarial services with regard to the pension plan
for employees of the city for the next two years be accepted, motion was made by
Councilman Schroedel, seconded by Councilman Blackburn and carried that the
recommendation be accepted. A copy of the proposal is attached hereto and shall
become a part of these minutes.
With regards an additional appointment needed to be made to the Building Code
Board of Appeals, motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and carried that Lawson Wolfe be appointed to membership on this board
for a three year term, as had been recommended by City Manager Hopkins.
City Clerk Carroll recommended that the following named persons be appointed
to serve on the election board of the Special Election to be held on March 9, 1976:
Mrs. Pat Grant, Mrs. Alice Pelfrey, Mrs. Goldie Wilson, and Mr. A. M. Johnson.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and
carried that the recommendations be accepted, and that the provision be included
that substitutions be made should they become necessary.
With regards by the local Jaycees for use of Bishop Field on which to sponsor a
circus on April 23rd, motion was made by Councilman Blackburn, seconded by Council-
man Schroedel and carried that the request be granted provided that all provisions
as required for carnivals and circuses held there previously have been met.
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NQ 1240
With regards a claim submitted from Mrs. Phyllis Simms for monetary reim-
bursement from the city for alledged damage to clothing due to rusty water, City
Manager Hopkins advised that there are no provisions in the water ordinance for
damages caused to water heaters for one reason or another; no provisions for
damages caused from low pressure, and that while the ordinance is silent with
respect to this particular type of incident, it would be his conclusion that for
incidents of this type for which the city has no control, particularly over old
systems, old lines, that possibly from time to time rust does break loose from
the cast iron pipe, that a precedent should not be set in the satisfying of a
claim of this type which has been presented to Council for consideration. It
was consensus then, there was no legal means by which the city could make reim-
bursement as requested, whereupon motion was made by Councilman Blackburn, seconded
by Councilman Byrd and carried that the claim be denied.
With regards delinquent taxes owed on the Johnson property acquired by the city
and prorated between Mr. Johnson and the city, a communication was received from
former City Attorney Vason, who suggested that immediate remittance be made in
order to prohibit further interest penalties. This matter was referred to City
Attorney Baird for investigation and report back to Council.
Councilman Blackburn reported briefly on the recent meeting of the Lake County
League of Cities at which Mayor Smoak had been reelected as President for another
one year term, and City Clerk Carroll had been elected as Secretary/Treasurer.
Mayor Smoak called a Special Meeting of Council to be held in the office of the
City Manager on Monday, February 2nd at 7:00 P.M. to consider appointment of an
interim acting city manager, such meeting to be followed by a work session of
Council to formulate a procedure for prompt and adequate selection of a City
Manager from the numerous applications received, and to review the agenda for
the Town Hall Meeting to be held on February 6th.
The meeting was adjourned by Mayor Smoak at 9:30 P.M.
~4-I~
Claude E. Smoak, . ~ayor
lOJA),P~~). faAAJi ~
Dolores W. Carroll, City Clerk