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01-11-1977 Regular Meeting - e e - MINUTES NQ1366 Regular Meeting A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, January 11, 1977. 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, Blackburn, and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Director of Community Services Smythe, Building Official Nagel, and Chief of Police Tyndal. Others present were: Mrs. and Mrs. Plowman, and the Messrs. Czech, Ogden, and Searles. 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 December 21, 1976 were approved as written. Consideration of the proposed Street Maintenance program being the only remaining matter on the Regular Meeting agenda, it was the suggestion of Mayor Smoak, and Council was in agreement, that the matter be considered under New Business, and Council proceed with an Organizational Meeting. The Oath of Office was thereupon administered by City Clerk Carroll to Randy H. Honey, Councilman, Claude E. Smoak, Jr., Mayor, and Carlisle A. Byrd, Jr., Councilman, elected to membership on the City Council in Groups 1, 3, and 5 respectively, for two year terms, and they immediately resumed their seats at the Council table. SEtECTION OF MAYOR ARO-TEM Mayor Smoak announced the first order of business to be the selec- tion of a Mayor Pro-Tem for a one year term, whereupon motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that Carlisle A. Byrd, Jr., be selected to serve as Mayor Pro-Tem. 1976 COUNCIL ACTIVITIES REVIEW & SUGGESTED PRIORITIES FOR 1977 Following a review of City Council activities during the past year by Mayor Smoak, he committed his thoughts to writing as to what he felt were major accomplishments in 1976, and several matters which he suggested be considered as priorities and goals for the present year. A copy of his report in full is attached hereto and shall become a part of these Minutes. STATUSOF~SEMINOLE WELL City Manager Tiffany reported that the well contractor, responsible for acceptable materials and workmanship in constructions of the well, had been requested to cease continued well samplings from the well inasmuch as they continued to be unacceptable following several series of tests, and which could conceivably be proven to be quite a cost to the city, and they were now proceeding with a proposal for a detailed inspection of the well by a governmental agency such as the USGS and the St. Johns Water District. DELINQUENT OCCUPATIONAL LICENSES City Manager Tiffany reported that of the 200 plus City Occupational Licenses that were renewable as of last October 1st, approximately 10% of them remained delinquent, and he recommended that City Attorney Baird be authorized to proceed with the necessary court action for collection. Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and carried that the Manager1s recommendation be accepted. Councilman Byrd voted in the negative on passage of the motion, advising that he felt Council should consider each on an individual basis. - e e . MmUTIS NQ1367 FINANCE DIRECTOR'S REPORT Finance Director Sanchez submitted a brief resume of the 75-76 fiscal year audit just received, for Council's further information, and a copy is attached hereto. MAYOR1S REPORT Mayor Smoak reported that in a further effort to keep the citizens aware of city activities, and to gain input of the citizens desires, he had scheduled a Town Hall Meeting for February 10, 1977 at 7:00 P. M. in the Jenkins Auditorium, and in order for Council to prepare for such meeting, would call a workshop session in the very near future; That the quarterly meeting of the Lake County League of Cities would be held at the Mt. Dora Country Club on January 19th beginning at 6:00 P. M. to which County Commissioners and other County officials had been invited to attend, and he urged that as many as possible make every effort to attend; and, That the Tax Equalization Committee had just completed a review of the county government's revenue sources and would not proceed with discussion of expenditure items. FINE AND FORFEITURE REVENUE Councilman Schroedel inquired of the disposition of fine and forfeiture funds from violations committed within the city, and he was advised they were remitted by the county to the city less a nominal court charge fee. PROPOSED LEASE AGREEMENT OF CITY OWNED PROPERTY IN BLOCK 81 With further regard to the proposed lease agreement of the city- owned property abutting the Hunt Garden Center on DeSoto Street to the west, which had been unacceptable to Mr. Hunt due to the time period proposed, motion was made by Councilman Byrd that City Attorney Baird be authorized to prepare an agreement providing for a term of one year, and City Manager Tiffany be requested to re-submit it for Mr. Hunt's approval. The motion was seconded by Councilman Blackburn, but failed to carry with Councilman Byrd casting the only affirmative vote. PAYMENT OF BILLS Motion was made by Councilman Blackburn, seconded by Councilman Honey and carried, that the bills be paid. A copy is attached hereto. BOARD AND COMMISSION APPOINTMENTS Planning and Zoning Commission Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that the following named be re- appointed to membership on the P & Z Commission for a two year term. Ruth Alice Ray Nick Jones Laura Cook Rufus Sullivan The names of Larry Ogden and James Meginley were placed in nomina- tion for appOinted to the P & Z Commission to fill the vacancy created by the resignation of Ben Cunningham. Motion was made by -- e tit e MINUTES NQ1368 Councilman Schroedel, seconded by Councilman Blackburn and and unanimously carried that the nominations be closed. Upon inquiry from the Chair as to those in favor of Larry Ogden, the Ayes were unanimous, and he was thereupon appointed to membership for a two year term. Zoning Board of Adjustment Motion was made by Mayor Smoak, seconded by Councilman Byrd and carried, that the City Council be designated as the Board of Adjustment.. Councilman Blackburn \;\fated! in the negative on passage of the motion. Building Code Board of Appeals Motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that Jean Winston be re-appointed to serve on the Building Code Board of Appeals for a three year term. Housing Board of Appeals and Adjustments Motion was made by Councilman Schroedel, seconded by Councilman Byrd and unanimously carried that City Council be designated as the Housing Board of Appeals and Adjustments. Lake Apopka Natural Gas District Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and unanimously carried that Jack Sargent be re-appointed as representative to the Lake Apopka Natural Gas District for a two year term. City Council Representatives Motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the following named be re-appointed as City Council liaison representatives: Mayor Smoak: Lake County Pollution Control Board Councilman Schroedel: Cooper Memorial Library Councilman Blackburn: Chamber of Commerce City Legal Officer Motion was made by Councilman Schroedel, seconded by Councilman Blackburn and unanimously carried that the Employment Agreement of Leonard H. Baird, Jr. as the city's legal officer be renewed for one year. Plumbing Board It was the recommendation of City Manager Tiffany that a Plumbing Board be eliminated as its functions could be properly delegated to the City Building Official, whereupon motion was made by Councilman Blackburn, seconded by Councilman Honey and unanimously carried that the City Manager's recommendation be accepted. e e e . MINUTES NQ1369 Electrical Board It was the recommendation of City Manager Tiffany that a Electrical Board be eliminated and its functions be properly delegated to the City Building official, whereupon motion was made by Councilman Byrd, seconded by Councilman Honey and unanimously carried that the City Manager's recommendation be accepted. Bi-Racial Committee Due to inactivity of this advisory board which had not been necessary for it to meet since September of 1972, motion was made by Mayor Smoak seconded by Councilman Blackburn and unanimous- ly carried that the provision for a Bi-Racial Committee be placed in an in-active state, but kept viable for the future. Appointments to the Comprehensive Planning Committee, the Lakes Improvement Committee, and the 1~208" Pl anni ng Committee was deferred until the meeting to be held on January 18th. FUNCIIONS,POLICY OF THE PLANNING & ZONING COMMISSION In order that language to clarify the Planning aspect of the P & Z Commission, and the functions of the P & Z Commission under the city's comprehensive plan when adopted might be in- corporated, it was the consensus that a policy statement be deferred until the meeting to be held on January 18th. PORPOSED STREET MAINTENANCE PROGRAM Motion was made by Councilman Blackburn, seconded by Councilman Byrd and unanimously carried that the street maintenance proaram as proposed and submitted by the City Manager be accepted an he be authorized to proceed with advertising for bids. ORDINANCES Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE NAME OF WOODLAND AVENUE, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, TO SHADY NOOK DRIVE; PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Mayor Smoak. 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: Ayes: Honey, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 90-M ass i gned to it. Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGIING THE NAME OF COOPER'S LANE, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, TO SCHOOL STREET: 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: Ayes: Blackburn, Schroedel, Byrd, Honey, and Smoak. Total Ayes: Five, Nayes: None. So the Ordinance was adopted and the Number 91-M assigned to it. -- e e . MINUTES NQ1370 Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE NAME OF WEST LAKE AVENUE, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, TO ELEVENTH STREET: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Honey. 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: Ayes: Byrd, Honey, Schroedel, Blackburn, and; Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 92-M assigned to it. Councilman Schroedel offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR HOME OCCUPATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AND EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Honey. Motion was made by Councilman Byrd and seconded by Mayor Smoak that the preceding motion be amended to provide for the deletion of SECTION II (a) "No employees shall be allowed other than members of the residential family" from the proposed Ordinance, and upon roll call vote on passage of the amending motion, the result was: Ayes: Honey, Byrd, Schroedel, and Smoak. Total Ayes: Four. Nayes: Blackburn. The motion carried. The proposed Ordinance was read for a second and final reading by City Clerk Carroll, by title only, and upon roll call vote of passage of the motion as amended, the result was: Ayes: Schroedel, Byrd, Honey, and Smoak. Total Ayes: Four. Nayes: Blackburn. So the Ordinance was adopted and the Number 157-C assigned to it. Councilman Blackburn introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, DIRECTING THE ADDITIONAL ASSESSMENT OF THE SUM OF ONE DOLLAR OUT OF EVERY FINE AND FORFEITURE EXCEPT ANY VIOLATION RELATING TO THE PARKING OF VEHICLES AS A RESULT OF THE VIOLATION OF THE MUNICIPAL ORDINANCES OF THE UNIFORM TRAFFIC CODE AND PROVIDING AN EFFECTIVE DATE THEREOF and the Ordinance was read for a first reading by City Clerk Carroll, by title only. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 9:00 P. M. {it L~ Claude E.'Smoak, Jr., Mayor ~~2~~~ o ores W. arro 1, Ci ty Cl erk