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04-27-1976 Regular Meeting . e e . MINUTES NQ 1278 REGULAR MEETING A Regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, April 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, Byrd, and Beals. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: The Messrs. Czech, Fleming, and Sargent, Mr. Joe Sanchez, 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 April 20, 1976 were approved as written. Variance Request: Billie Johns of Motor Inns City Manager Tiffany reported to Council that due to a recent change in ownership of the Motor Inns, he had received a request that this matter be postponed. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried that the variance request be tabled. City Manager's Report City Manager Tiffany submitted his report, both orally and written, and a copy is attached hereto. With regards Mr. Tiffany's attendance at meetings of the local government comprehensive planning committee held on Monday and Tuesday, he reported that he had suggested language to be included in the proposed interlocal agreement which he felt would protect the city's interest more, and hoped to have it ready for Council's consideration by early May. With regards request received for Council's endorsement of a grant application in order to provide daily meals to the elderly, it was consensus of Council that additional information, such as the pro- posed located for prepration of the meals, by whom the meals would be prepared, and assurance that such a proposed program would in no way jeopardize the existing worthwhile "Meals on Wheels" program, was needed before being considered by them. Mr. Tiffany agreed to obtain and submit further written details of the proposed program. City Attorney's Report City Attorney Baird reported he had researched the Teleprompter Ordinance with regards providing service to the Orange Hill Subdivis- ion, and had found a provision under Section 8-C whereby the company was not required to extend their pole system to provide service to any person in the city if it is economically impracticable to do so. Mr. Baird recommended however, that inasmuch as a request for the service had been made by residents of the subdivision, that Tele- prompter be requested to furnish information as to why it is, or is not, economically feasible for them to provide service to the Orange Hill Subdivision. Motion was made by Councilman Schroedel, seconded by Councilman Beals and carried, that this recommendation be accepted and the matter be referred to Mr. Baird to make inquiry. Mr. Baird reported that he had again met with attorneys representing Michaels-Stiggins, Inc. with regards the types of damages that the city suffered with the sewage disposal system, and the case was proceeding in a normal fashion. . e e . MINUTES NQ1279 Mayor Smoak's Report Mayor Smoak reported that the Reverend Barnard of First Baptist Church as well as several citizens has expressed their concern to him, and he was in agreement, with regards the proliferation of nudity magazines in the local ready market type stores; that following a survey by him at the local stores, he was alarmed at the numerous publications of this type that were open displayed for public perusal, and which he felt were harmful exhibits being exposed to minor children; and, that he had requested City Attorney Biard to investigate the possibility of an ordinance being drawn that would allow the city to prohibit the public display and and access of such publications, requiring that they be kept out of public view and available only upon request by title. City Attorney Baird advised that he was in receipt of a penal code as adopted by the state of New York wherein it was unlawful to expose minor to harmful materials, nudity publications included in this category, and, though it had been challenged, it had been upheld by the Supreme Court and with incorporating this same code, he could prepare an ordinance for the city that he would feel comfortable in defending in a court of law should it ever be necessary. Motion was made by Councilman Byrd, seconded by Councilman Blackburn and carried unanimously that City Attorney Baird be instructed to prepare the necessary ordinance as outlined by him. Comments by Council Members Councilman Byrd reported briefly on the Lake County League of Cities meeting held recently at which there had been a good representative attendance, and the speaker had been Jim Hoskinson, Chairman of the County Commissioners, who had spoken on Tax Equalization. Councilman Beals reported that it was nice to again be a part of the Lake County League, and, that in line with the report at a previous council meeting that Councilman Byrd had acquired a good legal standing with the city, he would advise that he had filed the necessary Statement of Financial Disclosure with the City Clerk immediately prior to opening of this meeting. Communications Mayor Smoak referred a communication from Mr. Robert C. Beltrone of 193 DeSoto Street regarding animal control to City Manager Tiffany. South Lake Press Sewer Connection Status Director of Community Services Smythe reported that negotiations were being effected in an attempt to obtain an easement from the abutting property owner to the South Lake Press building. Execution of Deed and Sewer Easement - C. Welborn Daniel Motion was made by Councilman Byrd, seconded by Councilman Blackburn . e e . MINUTES NQ1280 and carried that the Mayor and City Clerk be authorized to execute the deed to C. Welborn Daniel of a 10' strip of property abutting the north line of Mr. Daniels' property in City Block 80 in exchange for a 15' easement to facilitate an existing sewer line, that had been authorized to be prepared at the council meeting held on February 24, 1976. Payment of Bills Motion was made by Councilman Beals, seconded by Councilman Blackburn and carried that the bills be paid. A copy of the bills is attached hereto. Resolution Number 276 - Designation of City Manager Tiffany as city's Revolving loan Agent to DER City Attorney Baird submitted a RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: AMENDING RESOLUTION NO. 268: PROVIDING FOR AN EFFECTIVE DATE, and the Resolution was read by him, by title only. Motion was made by Councilman Blackburn, seconded by Councilman Byrd and carried that the Resolution be adopted and the Number 276 assigned to it. The meeting was adjourned by Mayor Smoak at 8:15 P. M. (112,,,,,,,) tL. {gA~ Dolores W. Carroll City Clerk ~ Cl aud E. Smoak, Jr. Mayor