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06-14-1977 Regular Meeting . e e . 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 . e e . 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. . e e . 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. .. 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 . e e . MINUTES 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. . e e . 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