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01-27-1976 Regular Meeting . e' e . 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. . e e . MINUTES 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 . e e . 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. e e e . MINUTES 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