10-25-1977 Regular Meeting
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MINUTES
NQ 1445
REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, October 25, 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, Honey,
Schroedel, and Blackburn. Other officials present were: City Manager Tiffany, City Attorney
Baird, City Clerk Carroll, Finance Director Sanchez, Public Works Director Smythe, and
Chief of Police Tyndal. Others present were: Ms. Jean Winston, Mr. & Mrs. Gene E. Fearing,
Messrs. Czech, Doub, Sargent, Searles, Matthews, Cole and Boone.
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 October 11, 1977 were approved as written.
PUBLIC HEARING ~ VARIANCE REQUEST
Council, sitting as a Board of Adjustment, considered a request by Mrs. Mary
Wright for a Variance in the required side yard setbacks on her property
located at 528 Chestnut Street in order to construct a carport that would
necessitate a penetration of 4~ feet into the setback area; a request which
was subsequent to a previous request of Council for a Special Exception to
construct a carport at her residence classified as non-conforming in a C-l
Zone, and which had been granted. There being no one present who voiced
objection to the request, motion was made by Councilman Schroedel, seconded
by Councilman Honey and carried that the request be granted.
LAKE APOPKA NATURAL GAS DISTRICT
Mr. Jack Sargent, Clermontls representative on the Lake Apopka Natural Gas
District Board, appeared before Council to briefly apprise them of the District's
status at their fiscal year ending on September 30th; That in accordance with
state requirement they had changed their fiscal year period to October thru
September, and thereby this year end report was for an eleven month period,
but that it had been a successful one in their opinion as they had been able
to redeem two of their delinquent bonds and all interest payments were current;
That management was progressing in the update of equipment and establishment
of a regular replacement basis; and, That no curtailment of service was anti-
cipated for this current year.
VISITORS WITH BUSINESS
Mr. Gene D. Fearing appeared before Council to advise of an existing problem
of vicious dogs running at large in the area of his residence at 780 Oak Drive,
and solicited the help of the city's animal control department in an effort to
alleviate it. The matter was referred to City Manager Tiffany.
CITY MANAGER'S REPORT
City Manager Tiffany advised Council he would be attending the Florida League
of Cities Annual Convention in Kissimmee on October 27th and 28th, and, the
International City Managers' Association Conference in Atlanta on October 31st,
November 1st and 2nd. He further advised he had appointed Mr. Smythe as Acting
City Manager in his absence.
SEMINOLE WELL
City Manager Tiffany advised the well contractors had forced a considerable
amount of material into the well hold and poured concrete on the side near the
reducer from the 18" casing, and had reported this date that they felt the leak
has been stopped, and after ample time for the materials to set up, they would
grind the well out and hopefully be able to determine the source of the problem
and its subsequent elimination.
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NQ 1446
CITY ATTORNEY'S REPORT
City Attorney Baird advised that a formal suit had been filed against the City
by Mrs. Spivey, who was allegedly injured on the playground equipment at Jaycee
Beach, and the matter had been referred to the Attorneys for the city's insur-
ance carriers. Mayor Smoak inquired of Council's approval in his contacting
the insurance carrier to urge their pursuit of this case to trial, and they
were in agreement.
CITY GENERAL ELECTION
Mayor Smoak announced that a General Election would be held on December 6th to
elect members to Council Groups II and IV, now held by Councilmen Blackburn and
Schroedel respectively, and that the petitions for candidacy were available
at City Hall, and the deadline for qualification was 5:00 P.M. on November 21st.
STATE ROAD 50 IMPROVEMENT PROGRAM
Inasmuch as the proposed State Road 50 improvement project will prohibit all
parking on the road, and there are residences adjacent to the road on the north,
between Fifth Street and Lake Avenue, that have no rear access to their properties
for parking, City Attorney Baird was requested to investigate the possibility
of a viable alternative plan that might be submitted to DOT for consideration,
and report his recommendations back to Council.
PETER POOL PARK
City Attorney Baird was requested to investigate the legal status of the title
on the property commonly known as Peter Pool Park, which is maintained by the city.
COPYING MACHINE PURCHASE
City Manager Tiffany advised of a state contract price for copying machines just
received, which would be considerably less to purchase than the rental fee now
paid on the copying machine at city hall, and thereupon recommended that
authorization be given for purchase of a Savin 770 Copier under State Contract
terms. Motion was made by Maror Smoak, seconded by Councilman Blackburn, and
carried that the City Manager s recommendation be accepted.
PAYMENT OF BILLS
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and
carried that the bills be paid. A copy is attached hereto.
ORDINANCES/RESOLUTIONS
Mr. Jay Doub, representative of Teleprompter Southeast, Inc., appeared before
Council with regards consideration of amendmants to the Proposed Ordinance No.
105-M, granting a franchise to operate and maintain a Broadband Communications
System in the city. The proposed Ordinance was discussed at length, and several
amendments proposed that were agreeable to both Mr. Doub and Council. City
Attorney Baird was requested to incorporate the amendments as discussed, and
submit the Ordinance back to Council for final reading and adoption at their
meeting to be held on November 22nd.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE
CODE OF ORDINANCES OF THE CITY OF CLERMONT, AMENDING ORDINANCE NO. 57-M, PROVIDING
FOR A RATE INCREASE TO DUMP-ALL, INC., and the motion was seconded by Councilman
Schroedel. 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 107-M assigned to it.
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NQ 1447
Councilman Blackburn offered and moved the adoption of A RESOLUTION OF THE
CITY COUNCIL SUPPORTING THE FLORIDA PUBLIC LAND SURVEY ACT RELATING TO RES-
TORATION AND PERPETUATION OF GOVERNMENT CADASTRAL SURVEYS AND REQUESTING THE
DEPARTMENT OF NATURAL RESOURCES TO IMPLEMENT SAID ACT, and the motion was
seconded b{ Mayor Smoak and unanimously carried. The Resolution was read in
its entire y by Councilman Blackburn and the Number 304 assigned to it.
There being no further business to be brought before Council at this time, the meeting was
adjourned by Mayor Smoak at 9:15 P.M.
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ATTEST:
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DOL RES W. C RROLL, CIT RK