06-14-1977 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1414
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, June 14, 1977. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilman Byrd, Schroedel, Blackburn and Honey. Other officials present were:
City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez,
Director of Public Works Smythe, Building Official Nagel, and Chief of Police Tyndal.
Others present were: Mesdames Cooper, Soules, Tiffany, The Messrs. Czech, Vitter,
Sargent, Jones, Robinson, Holley, and Sanchez.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held May 24, 1977 were approved as written.
RESOLUTION: SPECIAL RECOGNITION TO FLORENCE I. COOPER
Councilman Byrd offered and moved the adoption of A RESOLUTION OF
RESPECT AND APPRECIATION FOR THE DEDICATION AND SERVICE OF FLORENCE
I. COOPER, recently retired from the Clermont Police Department
after having diligently service the community as a radio dispatch
operator in that department since February 2, 1963, and the motion
was seconded by Councilman Blackburn and unanimously carried, with
the Number 296 being assigned to it. Mayor Smoak read the RESOLUTION
in its entirety, and thereupon presented a copy to Mrs. Cooper.
The RESOLUTION was gratelly accepted by Mrs. Cooper, who acknowledged
a pleasant tenure in the employ of the City, and recognized the help
and cooperation extended to her by fellow co-workers during her
employment.
VISITORS WITH BUSINESS
Mr. Bronson Robinson appeared before Council in support of his desire
to pursue construction of a portable live bait structure on his
business property located at 516 West Highway 50, which had been determined
by the city administration to be in violation. Building Official Nagel
advised that a portable structure of such a size that would permit
removal from the existing required setback from the intersection at the
close of regular business hours would be allowed, but that following
an on-site inspection of the structure which was approximately 16 feet
long, 6 feet deep and over 6 feet in heighth with no visible means of
its portability, it had been determined by the city administration as
not being an allowable portable unit at this location. It was the
suggestion of Mayor Smoak, and Council was in agreement, that the matter
be referred to City Attorney Baird for further investigation, and in
conjunction with Mr. Robinson as to his proposed finalization intentions
for the structure, submit his interpretation of the existing require-
ments as affects the proposed structure.
With regards the necessary removal of a temporary flashing portable
sign now existing on Mr. Robinson's business site as the time allowance
has expired, he was advised a permanent lighted, but not flashing,
sign of like size, 9 feet off grade, ~ feet off right-o-way, and
25 feet away from the intersection, measured from the curb, would be
allowed. Mr. Robinson was agreeable with this, advising it would
present no problem and the matter would be taken care of.
Mr. Grant Vitter, owner of Bob's Bar located at 801 Montrose Street,
appealed to Council to restore the several parking spaces at the
intersection of 8th and Montrose Streets which had been eliminated
at time of removal of the traffic light at that intersection, advising
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MINUTES
NQ 1415
such removal had adversely affected his business. Mr. Vitter
was advised that following the recently completed repaving project
Tn that area, the city administration was presently in the process of
formulating a new parking pattern, and would be happy to review the
proposed plans with him.
CITY HALL EXCHANGE
City Manager Tiffany advised of a request from Mr. Henry Hodge,
receiver for the old Citizens Bank Building, for a renewal by
Council of the Option Agreement for exchange of the present City Hall,
which had expired on March 1st. Motion was made by Mayor Smoak,
seconded by Councilman Blackburn and carried that the Option Agreement
as executed on January 1, 1977, be extended through June 30, 1977.
STREET IMPROVEMENT PROGRAM
City Manager Tiffany advised the street improvement program had been
completed this week at a total cost of $146,000, which had also in-
cluded the heater-planing portion, and that he felt it was a IIwell done"
asset to the City. Mayor Smoak reiterated on the commendable paving
program, accounting for it in a great degree, to the constant and close
scrutiny of the project by Director of Public Works Smythe, and City
Manager Tiffany.
EXCESSIVE LITTER
Mayor Smoak advised of what he felt was an alarming situation existing
in the City that appeared to be even worsening, wherein there is excessive
glass bottles, and litter in general, being dumped on street right-o-
ways throughout the City; That he felt the responsibility for eliminating
such a situation lies with the people of this community to report any
such observations immediately for possible apprehension of such vio-
lators; and, That he would encourage the Police Department to instigate
a concentrated effort to that effect.
COOPER MEMORIAL LIBRARY
Councilman Schroedel, liaison representative to the Library Board,
reported on his recent attendance at their regular meeting wherein
it was reported they felt the off-street parking the City provided was
an admirable job, but had been receiving some complaints from library
patrons regarding the longer distance to the library entrance; That
they had just completed re-cataloging 3300 books; That they now had
a library book service in operation at the local hospital; That it
was hoped they would be able to participate in a newly offered paper
back government subsidy program; That they had been given a new
glass enclosed cabinet for the showing of valuable collections by The
Friends of the Library; and, They had completed their new budget and
were submitting copies to Council for their consideration.
REQUESTED USE OF JENKINS AUDITORIUM
City Clerk Carroll read a communication from Mrs. Wener Heinrich
wherein she requested use of Jenkins Auditorium for a dance to be
held on June 17th between the hours of 7:00 P. M. and 12:00 midnight.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel
and carried that the request be granted provided all rules and regula-
tions pertaining to dance held there are met.
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MINUTES
NQ 1416
City Clerk Carroll read a communication from the Rev. r. C. Moon of
Harvest Time Assemblies-Apopka wherein he requested use of the Jenkins
Auditorium to sponsor '!All ~Day Camp r~eebings" on July 18th thru
June 23rd. Motion was made by Councilman Blackburn, seconded by
Mayor Smoak and carried that the request be granted subject to the
a~proval of City Manager Tiffany inasmuch as Council was not familiar
wlth the organization making the request.
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WEST BEACH CONCESSION
City Manager Tiffany reported on a request received from Thomas and
James Jones for exclusive permission to operate a food and drink
concession at West Beach, and who would agree to routinely clean the
public restrooms located there, and release the City from claims or
damages arising from their business. He further reported there had
not been a regular concession at that location since 1971, and believing
it to be in the best interest of the City to grant such request, he
so recommended. Motion was made by Councilman Byrd, seconded by
Councilman Honey and carried that City Attorney Baird prepare the
necessary document agreement to grant the request.
VFW PARK AGREEMENT
City Manager Tiffany advised that the proposed agreement between the
City and the VFW to allow the vertans to develop the County-owned/City
leased lot next to their building as a "Veterans Memorial Park" had
been accepted and executed by them, and he would thereupon recommend
its acceptance and execution by Council. Motion was made by Councilman
Byrd, seconded by Councilman Honey and carried that the City Manager's
recommendation be accepted and the agreement be executed by the
proper officials.
SUNSET LAKE SEDIMENT BASIN
City Manager Tiffany apprised Council of documents received from DOT
wherein prior Council action in 1975 by Resolution No. 259 to DOT had
indicated Council's acceptance to their proposal for constructing
a drainage basin in Sunset Park, and in view of such a drainage
basin in Sunset Park, and in view of such prior action he had delayed
making a formal request to the Lake County Pollution Control Board
until further discussion by Council. Mayor Smoak reiterated his
previous opinion that a re-evaluation of the plans should be made
by Mr. Hennessey of the LCPCB in hopes that structure could be built
to allow capture of the sediment from the road and the run-off and
the lake still be used, and he thereupon moved that the matter be
referred to Mr. Hennessey for his opinion. The motion was seconded by
Councilman Honey, but failed to carry with a voice vote of 2 Ayes and
3 Nayes. Councilman Blackurn moved that the tabling motion of May 17th
to execute the deeds as requested by DOT be brought off the table for
discussion and action. Upon voice vote, the motion was unanimously
carried. Considerable discussion followed, and upon voice vote the
motion failed to carry with 2 Ayes and 3 Nayes. Mayor Smoak thereupon
moved that Mr. Bill Hennessey be requested to investigate the
possibilities of alternative disposal of run-off of State Road 50 and
Twelfth Street other than the proposed settlement basin at Sunset Lake.
The motion was seconded by Councilman Honey and carried.
BROOME STREET AGREEMENT
City Manager Tiffany submitted the proposed agreement between the City,
Poynter-Harder Construction Co., Inc. and Clermont Emerald Lakes, Inc.
for construction of the Broome Street Extension, advising that it had
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NQ 1417
been executed by them, and recomnended that it be accepted and
executed by Council. Motion was made by Councilman Honey, seconded
by Councilman Byrd and carried that the City Manager's recommendation
be accepted and the agreement be executed by the proper city officials.
CETA AGREEMENT
City Manager Tiffany submitted a proposed agreement between the
Board of County Commissioners and the City whereby the City would be
eligible for participation in the Comprehensive Education Training Act
Program, and recommended that it be accepted and executed by Council.
Motion was made by Councilman Blackburn seconded by Councilman Honey
and carried that the City Manager's recommendation be accepted and
the agreement be executed by the proper city officials.
AUDIT AGREEMENT
City Manager Tiffany submitted a proposed agreement from Greenlee,
Paul, Furnas & Kurras, Certified Public Accounts, for the auditing
of the City's accounts. Motion was made by Councilman Blackburn,
seconded by Councilman Honey and carried that the agreement be accepted
and executed by the proper city officials.
CODY PROPOSAL
City Manger Tiffany submitted a proposal from Cody & Associates, Inc.
of Lakeland to conduct a Position Classification and Pay Plan Study
for the City, and recommended that he be authorized to accept the
proposal. Motion was made by Councilman Byrd, seconded by Councilman
Blackburn and carried that the City Manager's recommendation be
accepted.
PAYMENT OF BILLS
Motion was made by Councilman Honey, seconded by Councilman Blackburn
and carried that the bills be paid. A copy is attached hereto.
RESOLUTIONS/ORDINANCES
Councilman Blackburn offered and moved the adoption of A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA RESPONDING TO A
REQUEST FROM THE CLERMONT JUNIOR WOMEN'S CLUB FOR RECOGNITION OF A
MISS CLERMONT PAGENT TO SELECT AN AMBASSADOR TO REPRESENT THE CITY
OF CLERMONT AND EXPRESSING DESIRE TO HOLD SAID PAGENT IN CONJUNCTION
WITH THE ANNUAL LABOR DAY FESTIVITIES, and the motion was seconded by
Councilman Honey and unanimously carried. The RESOLUTION was read
by City Clerk Carroll by title only, and the Number 297 assigned to it.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, REGULATING
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 PRO-
VIDING 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: Blackburn, Schroedel, Byrd, Honey, and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted
and the Number 162-C assigned to it.
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MINUTES
NQ 1418
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SECTION 26-10
OF ARTICLE V OF APPENDIX A OF THE CODE OF ORDINANCES: PROVIDING
FOR NON-CONFORMING USES: PROVIDING FOR SPECIAL EXCEPTIONS: 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 Council at this time, the
meeting was adjourned by Mayor Smoak at 9:20 P. M.
Q~b~4LJ'L ~<1~4f -->
Dolores W. Carrol , City lerk
aude E. Smoak, Jr., Mayor
CARLISLE A. BYRD,JR.,
MAYOR PRO-TEM