04-13-1976 Regular Meeting
e
e
e
e
MINUTES
NQ 1269
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, April 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 Beals, Byrd,
Schroedel and Blackburn. Others officials present were: Acting City Manager Smythe,
City Attorney Baird, City Clerk Carroll and Chief of Police Tyndal. Others present were:
Mesdames Grant & Asher, Mr. and Mrs. Eric Stasuk, and Messrs. Judy, Knowles, Czech,
Fleming and Cunningham. Mr. Joe Sanchez and Mr. & Mrs. George Dupee of the Sentinel/Star
and the South Lake Press respectively, were 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 March 23, 1976 and of the Special Meeting held
March 30, 1976, were approved as written.
Mrs. Pearl Asher, representative of the Tomoka Chapter of the Daughters of the Revolution,
appeared before Council to seek permission for members of the Chapter to plant an oak
tree on the northwest side of Center Lake in commemoration of the bi-centennial celebration.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously
carried that this request be granted, and a site be furnished on the northwest side of
Center Lake for planting of the bi-centennial tree.
Mrs. Pat Grant, Chairwoman of the Clermont Bi-Centennial Committee, reported to Council
that the Street Decoration Sub-Committee of the "Stand Up For America Day" celebration,
proposed to decorate Montrose and adjoining streets with American flags and bunting for
the "Stand Up For America Day Parade", and she sought Council approval for purchase of the
necessary flags and bunting from the funds allocated by Council to the Bi-Centennial
Committee @ an estimated cost of $71.76. MOtion was made by Councilman Blackburn, seconded
by Councilman Schroedel and unanimously carried, that the Bi-Centennial Committee be
granted authority to participate with the "Stand Up For America Day" celebration committee
in the purchase of decorations not to exceed $100.00.
Mrs. Grant further reported to Council that the Bi-Centennial Committee had received a
request for youth in the area to paint murals depicting bi-centennial themes and permission
to place them on various city properties. She thereupon introduced Rose and Eric Stasuk
to Council, two of the desired participants. Mr. Stasuk advised Council he did not have
a formal presentation to submit for consideration at this time, but a tenative proposal
was to paint a mural on the city's water tower and place a portable mural on the side of
Jenkins Auditorium. He further advised that, at the convenience of Council, he would like
to present a slide presentation of various mural scenes for Council's eonsideration. It
was the suggestion of Mayor Smoak, and Council was in agreement, that Mr. Stasuk be
placed on the agenda for the next regular meeting to be held on April 20th, at which time
he would submit a formal presentation and present a brief slide demonstration.
Mr. George Dupee, owner of the South Lake Press Building, appeared before Council with
regards hooking the building up to the city's sanitary sewer system in a reasonable
fashion. He advised that as editor of the South Lake Press, he had devoted numerous
editorials and other columnsin support of a sanitary system for the city prior to the
matter having been accepted, and was still in favor of it, but was unable to connect the
Press building to the system in a reasonable fashion due to the elevation of the col-
lection line as opposed to the plumbing outlet of his building at a lower level. Mr.
Dupee supported this position by advising that he had hired three different local licensed
plumbers to investigate the matter of hooking up, and each one had advised that it could not
be done in a reasonable manner due to the difference in the elevation, and that the most
recent one had advised his recommendation would be to break through the foundation and
the back wall, then cut off the pipe and hopefully connect, but that he would not submit
a price for doing such inasmuch as it would be a most unreasonable cost to the pr.perty
owner. Based on the information from the licensed plumbers, he did not feel the city had
fulfilled its obligation to provide a sewer lateral to which he could have his building
hooked up to in a reasonable manner, though his property had been assessed and he had paid
the assessment. It was the opinion of Mr. Dupee that Council must have been in agreement
.
e
e
.
MINUTES
NQ 1270
with this at their meeting held on February 17th inasmuch as City Attorney Baird re-
ported he had been unable to obtain an easement from the abutting property owner and
thereupon recommended that the necessary condemnation proceedings be instigated, and,
that it had been concensus of Council that all alternatives be investigated first and
referred the matter to Acting City Manager Smythe, Councilman Byrd advised he felt the
sanitary sewer construction project in Clermont had been a very commendable one, that
there had been problems during construction and he felt most of them had been solved,
but he felt this was one that had not, and that a determination should be made by Council
that it had not, whereupon he moved that it be a matter of policy by the City Council
of the City of Clermont that service has not been proYided to the South Lake Press
Building in a normal satisfactory manner. The motion was seconded by Councilman Blackburn
and carried, with Mayor Smoak voting in the negative and advising his reason for voting
that way is because it is possible, according to the words of the property owner, that
the building could be hooked up to the existing collection line. It was the opinion
of Councilman Byrd that since it had been recognized there was an existing problem in
hooking the building up to the sewer line, there were various and several alternatives
to pursue in order to resQlve the problem, which he felt should be instigated at this
time, whereupon he moved "that the City Manager and the City Attorney be instructed to
again approach the abutting property owner in an effort to obtain an easement across
his property on the extreme eastern edge for a distance as short as possible and get
the thing in city property at the earliest convenience, and/or, pursue any and all other
alternatives in order to resolve the matter". The motion was seconded by Councilman
Beals and carried with Mayor Smoak voting in the negative. It was the request of Mayor
Smoak, and Council had no objection, that Acting City Manager Smythe and Director of
Utilities Davis submit their estimates of cost for going through the foundation of the
Press Building - removal of the fill dirt - tap-in to the one collection line and to
stub it out at the end of the building - replace the fill dirt & put the wall back up,
leaving enough contingency to be covered, for Council's consideration.
Mr. Joseph H. Knowles appeared before Council in support of his request to establish
a pest control business at 477 Highway # 50, a Cl Zone. Acting City Manager Smythe
advised that the Planning and Zoning Commission had considered the matter at their
meeting held on April 6th and it had been their determination that such business was
not more obnoxious or detrimental than specified uses allowed in Cl zones and thereby
unanimously recommended to Council that a pest control business be permitted in a Cl
zone. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and
carried that the recommendation of the Planning & Zoning Commission be accepted and
Mr. Knowles be granted permission to utilize the property for a pest control business.
Mayor Smoak and Councilman Beals voted in opposition to the motion inasmuch as such
action set a precedent by which all like businesses would be allowed in all Cl zones
of the city.
Acting City Manager Smythe submitted his ~eport both orally and written and a copy is
attached hereto.
With regards inquiry by MJ. Smythe as to Council's desire for ordering the plaque with
the bi-centennial commemoration on it prior to official notification of the city's com-
mittee acceptance, motion was made by Councilman Blackburn, seconded by Councilman Beals,
and unanimously carried that Mr. Smythe be authorized to forward such order if notifi-
cation of such approval has been received prior to the next regular meeting.
City Attorney Baird reported that he would be meeting with representatives of Michaels-
stiggins, Inc. and Ardamann & Associates, Inc. and their respective Attorneys on April
14th with regards the Michaels-Stiggins litigation, and hopefully would have some
dialogue to report at the next meeting.
Mr. Baird reported on correspondence received from an Attorney representing the family
of the person who had problems with the Clermont Police, resulting in his death, and
he would be contacting the insurance carriers with regards the matter.
.
e
e
.
MINUTES
NQ1271
Mayor Smoak reported as follows: That he and Mr. Smythe had ~ppeared before the Pol-
lution Control Board on April 12th with regards a status report on the letter agreement
that has been generated between the City of Clermont ahd Inland Groves Corporation
for the potential use of the thirty acre marsh north of the sewer collection plant,
and that the Pollution Control Board members seemed to be in a responsive mood to the
action that the city has taken; That the Board had invited the City of Clermont to
invite to the May meeting of the Board, Drs. Bailey and Zoltek of the Wniversity of
Florida who have made a proposal to the city to study effluent disposal in the marsh
systems immediately adjacent to the city's treatment plant, and he would encourage
that every member of Council attend the meeting also; That he had appeared this date
before the Board of County Commissioners as President of the Lake County League of
Cities, and at the League's direction, to formally present a request that the Lake
County budget for '76-'77 be broken down to ~etlect revenue sources from cities as
opposed to general expenses to cities, and he felt their reaction had been very pos-
itive and cooperative; That the next quarterly meeting of the Lake County League of
Cities would be held in Tavares on Wednesday, April 21st at 7:00 P.M., and reservations
should be reported to the City Clerk no later than Monday, April 19th.
Councilman Schroedel, liaison representative to the Library Board, reported briefly on
his attendance of their board meeting held on April 12th; That the Library shall be
sponsoring~the Orange Blossom Breakfast to be held on April 28th with Mrs. Sam Houck
to be the speaker; That their fund drive had netted them approximately $2,000, and they
had received $900 from the local Junior Womans Club sponsored "Love Your Library Day"
celebration held recently.
Councilman Schroedel advised that it had been brought to his attention that the residents
of Edgewood and Orange Hill Subdivisions were desllrous of having cable tv service, but
that the company had refused to service that area, and he inquired as to possible
mandates in the city granted franchise regarding such matters. The matter was referred
to City Attorney Baird for his investigation.
Councilman Byrd reported the nets at the tennis courts were badly in need of replacement,
and inquired of this possibility. Acting City Manager Smythe advised there were budgeted
funds available, and he would take care of the matter. In a brief light vein of view,
Councilman Byrd advised he had purchased the necessary permit for the beard which he
is growing for the bi-centennial celebration, he had paid his annual sewer assessment
payment prior to deadline, he had purchased the No. 1 dog tag from City Hall, and for
the first time in many months he felt he was in excellent legal standing with the city!
City Clerk Carroll reported on a request received from John Torrez for use of the Jenkins
Auditorium in which to sponsor a dance on April 24.',1976. Motion was made by Councilman
Blackburn, seconded by Councilman Beals and unanimously carried that the request be
granted provided that all rules and regulations as pertains to dances held in the
auditorium are met.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously
carried, that the bills be paid.
With regards appointments to the Planning and Zoning Commission, the following named
were nominated for a two year term:
Mr. Richard B. Williams
Mr. Joseph H. Knowles
Mayor Smoak requested a showing of hands for each of the nominees to determine the appoint-
ment. City Clerk Carroll was instructed to let the record reflect that Joseph H. Knowles
is appointed to membership on the Planning & Zoning Commission for a two year term.
The following named were nominated to serve the remaining one year of a two year term,
following the resignation of Mrs. Jane Wilkins:
Mr. Richard B. Williams
Mr. Joe Symmes
Mr. Rufus Sullivan
Mayor Smoak requested a showing of hands for each of the nominees to determine the appoint-
ment. City Clerk Carroll was instructed to let the record reflect that Rufus Sullivan
is appointed to membership on the Planning & Zoning Commission to fill the unexpired term
of Mrs. Jane Wilkins.
e
e
e
.
MINUTES
NQ 1272
)
With regards requirement by DER that a flow meter be purchased for the Seminole well,
it was the recommendation of Acting City Manager Smythe that a 10" Sparling meter @ a
cost of $955.00 be purchased, that a change order not be executed, and that the instal-
lation be made by city crews. Motion was made be Councilman Schroedel, seconded by
Councilman Blackburn and carried that this recommendation be accepted. Councilman
Byrd questioned the necessity of a flow meter, and voted in opposition to the motion.
With regards recommendation of the city's engineers that the pump and motor as had been
substituted by the contractor at the Seminole Well be accepted, and change order number
two be executed for same resulting in a decrease in the contract price of $2,923.00,
motion was made by Councilman Schroedel, seconded by Councilman Blackburn and carried
that this recommendation be accepted.
Acting City Manager Smythe reported to Council that city maintenance of the access road
leading to the alley located between DeSoto and Montrose Streets had been stopped upon
determining that it had been being done on private property without benefit of formal
agreement. He further reported that it was presently in need of repair and he had
received inquiry from the property owner as to the reason city maintenance had been
discontinued inasmuch as there had been oral agreement several years ago that the city
would maintain it~an exchange for access to the city alley, otherwise dead-end, and he
therefore asked direction from Council in the matter. It was consensus of Council that
additional information was needed prior to consideration, such as amount of use by the
city and/or public, estimated annual cost for maintenance, possible purchase and/or
easement, etc. whereupon the matter was referred back to Mr. Smythe to obtain additional
information and submit his recommendations to Council.
With regards the determination made that a direct conflict exists in the existing Sign
Ordinance as pertains to Off-Site Signs, recommendation was made by the Planning and
Zoning Commission that the ordinance be amended as follows:
Section 26-24 (2) (1) Off Site Signs are
prohibited in Shopping Centers and Multi-Use
Building sites
Section 26-24 (3) (b) To be omitted
Motion was made by Councilman Byrd, seconded by Councilman Schroedel and unanimously
carried that City Attorney Baird be instructed to prepare the necessary amending ordi-
nance for introduction at the next meeting.
Acting City Manager Smythe submitted a current status report of city revenues as com-
pared to a year ago which reflected an excellent condition existing and a favorable
projection for the remainder of this fiscal year.
Acting City Manager Smythe reported that he had made final inspection of the now aban~
doned landfill that is under lease to the county, and found that they had met all the
requirements as specified in the lease agreement, and would therefore recommend that
Council act to release them from the agreement. Motion was made by Councilman Blackburn,
seconded by Councilman Byrd and unanimously carried that this recommendation be accepted.
Mayor Smoak reminded all present that the newly employed City Manager, Gordon Tiffany,
would assume his duties on Monday morm.ing, April 19th, and encouraged that each council
member be present to extend a welcome to him.
Mayor Smoak opined that during the absence of a city manager for the city following the
resignation of Robert M. Hopkins on February 6th, that Robert E. Smythe had assumed
those duties in addition to those of Community Services Director, and had performed
them in a most commendable way. He further advised that it would be his recommendation
to Mr. Tiffany that commensurate compensatory time be granted to Mr. Smythe for his
extra time and efforts expended during this interim. Council was in unanimous agree-
ment with the thoughts as expressed by Mayor Smoak.
.
e
e
.
MINUTES
NQ 1273
Mayor Smoak announced the bids for replacement of the dock at Jaycee Beach would be
opened in City Hall on Monday, April 19th at 5:00 P.M., the bids would be considered
by the County Commissioners at their meeting to be held on April 20th during the day,
and be awarded by Council at their meeting to be held that evening.
There being no further business to be considered by Council, but immediately prior to
adjournment, Mayor Smoak advised he had just been apprised that this date was the 44th
birthday anniversary of Chief of Police Tyndal, and he desired to congratulate him
and extend best wishes for many more.
The meeting was adjourned by Mayor Smoak at 9:30 P.M.
(!(4-Ll~
CLAUDE E. SMOAK, JR., YOR
ATTEST:
tD~A1J W ~AA~L.
DOLORES W. CARROLL, CITY CLERK