05-10-1977 Regular Meeting
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NQ1404
REGULAR MEETING
A regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, May 10, 1977. In the absence of Mayor Claude E. Smoak, Jr. who
was 'nattendance at the Florida League of Cities Directors Meeting in Tallahassee,
the meeting was called to order at 7:30 P. M. by Mayor Pro-Tem Carlisle A. Byrd, Jr.
with the following members present: Councilmen Schroedel, Honey, and Blackburn.
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: Ms. Hurd; Mesdames
Ray, Mole; Mr. & Mrs. Jim Hotaling; Messrs. Doub, Ray, Czech, Sperry, Evans, Ogden,
and Sargent.
The invocation was offered by Mr. Smythe, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held April 26, 1977 and of the Special Meeting held
May 2, 1977, were approved as written.
TELEPROMPTER REQUEST
Mr. J. A. Doub, Teleprompter District Manager, appeared before
Council in support of their request that the existing franchise
agreement be amended to eliminate the section regarding regulations
of rates, now that federal law no longer requires such regulations
by the franchising authorities. It was the suggestion of City Manager
Tiffany, and Council was in agreement, that the expertise necessary
to evaluate the complex financial data submitted to substantiate rate
increases was not available with local authorities, but in order to
provide protection by the franchising authority to the consumer,
that possible pegotiations were in order in exchange for such deregula-
tions. Mayor Pro-Tem Byrd thereupon requested that City Manager
Tiffany and City Attorney Baird instigate negogiations with Teleprompter
officials regarding a proposed new franchise agreement for Council
consideration.
VARIANCE REQUEST: MRS. EVELYN MOLE
Sitting as a Board of Adjustment in Public Hearing, Council considered
the request of Mrs. Evelyn Mole for a Variance to the Zoning Ordinance
in order that she might construct a residence on her property described
as Lot 3 and S~ of Lot 2 in Block C of Lake Minnehaha, Chain-o-Lakes
Development that would penetrate two feet into the required rear yard
set-back, the rear yard being on the lake front. Mrs. Mole submitted
her appeal for relief of hardship based on, "There are several trees
which will have to be removed, and I wish to save the rest by penetrating
two feet." Following inquiry from the Chair, there was no one present
who voiced objection to the request, whereupon motion was made by
Councilman Blackburn, seconded by Councilman Honey and unanimously
carried that the request be granted.
VARIANCE REQUEST: MR. JIM HOTALING
Sitting as a Board of Adjustment in Public Hearing, Council considered
the request of Mr. Jim Hotaling for a Variance to the Fence Regulations
of the Building Code to allow for a fence on his property described as
Lots 66, 67 & 68 in Hillcrest Subdivision that is two feet in excess
of the allowable height. Mr. Hotaling appeared before Council in support
of his appeal for relief of hardship based on "I feel this fence is
necessary to conceal a very unsightly and unhealth condition-which
continually exists in the adjacent area which I desire to screen from my
view as well as to set apart my neatly keptpremises from this unsightly
area.
The elevation of my property, being higher than the adjacent area, is such
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that any lesser height of the fence would not effectively provide the
necessary protection.
The close proximity of this condition to the only access to parking and
entry to my rental apartment would greatly lessen the desirability
of theapartment thereby reducing the potential income productivity of
my property which I have maintained in good condition for over 20 years.
Previous efforts by the City authorities have proven unsuccessful in
eliminating this nuisance except for partial and very temporary efforts
at compliance with "clean-up" requests."
Following inquiry from the Chair, there was no one present who voiced
objection to the request, whereupon motion was made by Councilman Schroedel,
seconded by Councilman Honey and unanimously carried that the request be
granted.
STREET IMPROVEMENT PROGRAM
City Manager Tiffany advised that the Macasphalt Contractors would be
back in the city within the next few weeks to complete the paving
segment of the improvement program, and inasmuch as he had been advised
by Bob Andrew, Lake County Public Works Director, that Hook Street,
west of Highway 27, had not been a part of the County-maintained road
system since at least 1966, it would be the responsibility of the City
for its improvment unless it be the desire of Council for other measures.
Due to its continual use as a main thoroughfare to and from the City,
it was the contention of Council that it should be County-maintained,
whereupon motion was made by Mayor Pro-Tem Byrd, seconded by Councilman
Blackburn and unanimously carried that City Attorney Baird prepare
the necessary Resolution for presentation to the County Commission re-
questing that the County accept responsibility for the maintenance of
that portion of Hook Street.
BALLFIELD FACILITIES
City Manager Tiffany reported that work had begun on the additional
softball facilities at the Elementary School on Monday, and that they
anticipated they would be ready for daytime playas early as next
week.
COOPER MEMORIAL LIBRARY
Counci lman Schroede 1, 1 i ai son representati ve to the Li brary Board,
reported the Library had proposed a summer reading program again this
year; That there was a possibility of the solicitation for financial
assistance from the City to aid the Library during the ususal "summer
slump";, and, the Library Board has been highly commendable for the
city's efforts in providing off-street parking for library patrons.
JAYCEE BEACH PAVILION
Councilman Blackburn advised of a request received for the reservation
of the Jaycee Beach Pavilion on Sunday, May 15th between 1:00 and 4:00 P.M.
by the Junior Girls Softball League for their end-of-season picnic.
Motion was made by Councilman Honey, seconded by Mayor Pro-Tem Byrd and
unanimously carried that the request be granted.
COMMUNICATIONS
City Clerk Carroll read a communication from the local "Head Start Program
Parents", requesting permission for use of the Jenkins Auditorium to
sponsor a dance on Friday, May 20th between the hours of 7:30 P. M. and
12:00 Midn2~ht. Motion was made by Councilman Schroedel, seconded by
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PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and unanimously carried that the bills be paid. A copy is
attached hereto.
MAX JUDY REQUEST: OFFER FOR SALE OF CITY PROPERTY
Following request of Council that City Manager Tiffany recommend a
price for the property as requested by Mr. Judy to be offered for
sale, he submitted a minimum price of 50~ per square foot for the
approximate 5400 square feet of property, following his consultation
with local Realtors/Appraisers VanderMeer and Rocker with regards
recent sale prices of Highway 50 property and consideration of the
property's severe limitations because of required setbacks. Motion
was made by Councilman Blackburn, seconded by Councilman Honey and
unanimously carried that the City Manager's recommendation be
accepted.
CORPORATE RESOLUTION FOR DEPOSITORY OF PUBLIC FUNDS
Inasmuch as time is of the essence in the depositing many times of
large sums of city funds at interest, motion was made by Mayor Pro-
Tem Byrd, seconded by Councilman Schroedel and unanimously carried
that a Corporate Resolution be adopted authorizing the Finance Director
or the City Clerk to open deposit accounts of the City with any Bank,
Trust Company, or Savings and Loan Associations which qualify as
depositories of public funds under applicable Florida Statutes, are
members of the Federal Deposit Insurance Corporation, or the Federal
Savings and Loan Insurance Corporation.
EARMARKED UTILITY FUNDS
It was the recommendation of City Manager Tiffany that the recent
partial reimbursement for the sanitary sewer plant construction costs
from the U. S. Environmental Protection Agency in the amount of $27,400
was for a capital expenditure that is a part of the city's bonded debt,
that these funds be earmarked for foreseeable major utilities capital
improvement needs. Motion was made by Councilman Blackburn, seconded
by Councilman Schroedel and unanimously carried that the City Manager's
recommendation be accepted and the funds be earmarked for "Utilities
Capital Improvements".
ORDINANCE: NO. 162-C
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, REGULATING SOLICITATIONS:
REQUIRING REGISTRATION OF THOSE ENGAGED IN SOLICITATIONS FOR ANY PURPOSE:
PROHIBITING SOLICITATIONS BY FALSE OR FRAUDULENT STATEMENTS: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING
FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION 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 the
was adjourned by Mayor Pro-Tem Byrd at 8:33 P. M.
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Do ores W. Carroll, City Clerk