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10-24-1978 Regular Meeting e e e . CITY OF CLERMONT MINUTES REGULAR ME'e:TING A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 24, 1978. The meeting was called to order at 7:30 P.M. by Mayor Claude E. Smoak, Jr., with the following members present: Councilmen Byrd, Cole, Schroedel, and Honey. Other officials present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, Finance Director Sanchez, Building Official Nagel, and Chief of Police Tyndal. Others present were: Master Chris Honey; Mesdames Dority and Tumbling; Messrs. Czech, Springstead, Griner, Thomas, Jackson, Searles, Sargent, Duncan, and Cook. 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 on October 10, 1978 were approved as written. Mayor Smoak extended a welcome to all present, and reminded them of the "Meet the Candidates Forum" which was being held in Jenkins Auditorium following the Council meeting this evening to which all were invited to stop by and acquaint themselves with the various candidates from the local level to the national level. ICMA ANNUAL MEETING City Manager Tiffany advised of his recent attendance of the annual International City Managers Association held in Cincinnati, Ohio, and he would submit a written report to Council in the near future on the various seminars he attended which would be of parti- cular interest to city council members. FLORIDA LEAGUE OF CITIES ANNUAL CONVENTION Mayor Smoak reported on his and the City Managerls recent attendance at the annual Florida League of Cities Convention held in Hollywood at which time they were addressed by the gubernatorial candidates, the Speaker of the House and many other politicians whom, with- out exception, emphatically stated that they recognized the fact that State government and Local governments were not cooperating, and they pledged to do something about it. They addressed such questions as, "No state mandated programs without total funding sources and, "No state mandated programs without substantial local input," such questions being of critical interest to municipal officials. Mayor Smoak advised he had been re-elected as a Director of the State League of Cities, and re-appointed as one of five state directors of the Municipal Self Insurors Fund. MUNICIPAL SELF INSUROR'S FUND It was the suggestion of Mayor Smoak, that Council at their next Regular Meeting, consider and review the Florida Municipal Self Insuror's Fund. He advised the Fund presently carries only Workmans Compensation premiums, but is investigating the possibility of self liability, and he felt there was great potential for the program to progress which he felt could result in a substantial savings to the City of Clermont and other municipalitipc City Manager Tiffany was requested to furnish all material available for Council's perusal, and Mayor Smoak would answer all questions possible. WATER/SEWER SYSTEM EVALUATION City Engineer Springstead appeared before Council to advise that he had reviewed the Dawkins & Associates Engineering Report of the city's water system of 1973, and he there- upon submitted, and orally reviewed, a revision of the proposed purpose and scope of work for the Water and Sewerage Systems Investigation. He further advised that the Dawkins Report would be used as a base in the Water Supply and Treatment Work, and city forces would be utilized to assist in obtaining the necessary clerical and field data at a cost not to exceed $7,700 and $3,800 for the Water and Sewerage Studies respectively. Motion was made by Councilman Schroedel seconded by Councilman Cole and carried that the revised proposal as submitted by Springstead and Associates, Inc. be accepted. . e e e CITY OF CLERMONT MINUTES ECFRPC COMPREHENSIVE PLAN COMMENTS City Manager Tiffany submitted a "draft" letter in answer to comments on the City's proposed first four elements of the Comprehensive Plan by the East Central Florida Regional Planning Council, wherein he advised that the various specifics of the four elements that were recommended by the Council to be included in the plan documents, were available in the master plan at City Hall which is part of the public record. Motion was made by Mayor Smoak that City Manager Tiffany be authorized to transmit this Letter under signa- tureof the City Council in final form to the review agency. The motion was seconded by Councilman Byrd and carried. STATE ROAD 50 WIDENING PROJECT City Manager Tiffany submitted standard forms for necessary utility relocations as required by the DOT in the SRSO project from Twelfth Street west to the city limits, and recommended that they be accepted and authorized. Motion was made by Councilman Honey, seconded by Councilman Byrd and carried that the utility relocation agreement at municipal expense, as required by DOT in the SR50 project No. 6504, and its accompanying Resolution No. 318 for its indemnification, be accepted and executed by the proper City Officials. CLERMONT/MINNEOLA MERGER Mayor Smoak reported on a communication from the local Chamber of Commerce pertaining to a potential study committee from the City of Minneola and the City of Clermont to determine if there are areas of joint interest ultimately leading up to investigating the possibility of merging the two communities. He advised that Minneola has taken action in the appoint- ment of such a committee, and he inquired of Council's desire to take like action. Council concurred that this be a worthwhile endeavor, and Mayor Smoak thereupon requested that all persons interested in serving on such a committee to please contact him prior to the next Regular Meeting at which time he would make the appointments. MUNICIPAL GENERAL ELECTION Mayor Smoak reminded all present of the General Election to be held on December 5th to fill the offices of Groups I, III, and V, and he announced his candidacy at this time for re-election to Group III as Mayor/Councilman. VACANCY IN GROUP NO. V. Mayor Smoak announced he had resigned his present position on June 30th to become effective on November 7th, at which time the position shall be filled by Councilman Carlisle Byrd, Mayor Pro-Tem. He thereupon expressed a desire to Council that he be considered in their appointment to fill the vacancy which shall then exist in Group V until the normal expiration date in December. ORDINANCES A proposed Regular Ordinance providing for citizen initiative to be placed on General Election Ballots was submitted to Council for consideration. Councilman Byrd inquired of the advisability of adopting such an Ordinance as an emergency measure inasmuch as a previous request had been made for Council action to place on this years ballot the Question of relocating the City Hall to the downtown area which had been denied, and the time frame of a Regular Ordinance would not provide for such citizen initiative this year. Councilman Schroedel thereupon moved that the proposed Ordinance be considered as an Emergency Ordinance, and the motion was seconded by Councilman Cole. Councilman Byrd inquired of City Attorney Baird's opinion regarding the matter who advised that, "If Council makes a fact finding determination that there exists an emergency in the community that needs to be addressed immediately, then Council may pass the proposed Ordinance as an Emergency Ordinance." A voice vote was thereupon requested on passage of the motion, and it failed to carry by a three to two vote, with Councilman Honey, Cole and Mayor Smoak voting in the negative. e e e . CITY OF CLERMONT MINUTES Councilman Byrd thereupon introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES, OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA; PROVIDING FOR INITIATIVE; PROVIDING FOR PROCEDURES FOR SAME; PROVIDING FOR STRAW BALLOT STATUS; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; PROVIDING FOR SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION, and the Ordinance was read for a first reading by City Clerk Carroll, by title only. Councilman Honey offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF 0~~~~~~~~: OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 20 OF THE CODE OF 0~~~~~~(~: PERTAINING TO SUBDIVISIONS; PROVIDING A CODE OF THE SUBDIVISION REGULATIONS FOR THE CITY OF CLERMONT, and the motion was seconded by Councilman Cole. 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, Cole, and Smoak. Total Ayes: Five. Nayes: None. So the Ordinance was adopted and the Number 186-C assigned to it. CITY CONDEMNED BUILDING Mrs. Ester Lou Dority, proprietor of the "Kozy Kastle", appeared before Council to advise of improvements made at her business location following the last Council meeting, and inquired if the condemnation restriction on the building would be lifted in order that she might resume her business. Councilman Cole advised of an inspection of the premises by himself, City Manager Tiffany, and Building Official Nagel, which revealed that some improvements had been made. Mrs. Dority was advised however that she could not resume her business pending approval of the improvements by the Lake County Health Department, The State of Florida Hotel and Restaurant Commission, and, contingent upon the landlord's appeal to the Building Code Board of Appeals for a determination of the Building Officialls decision that the entire building be condemned, if he so desires. Mr. Amos Thomas, owner of the property in question, appeared before Council to make a formal request to appeal. City Manager Tiffany was requested to call a meeting of the Building Code Board of Appeals to consider Mr. Thomas' request on Monday, October 30, 1978 at 5:00 P.M. in the Council Chambers. It was further suggested by Mayor Smoak that City Manager Tiffany submit written guidelines used in the granting of extensions following initial proceedings by the City in condemna- tions, as well as procedures to be followed in keeping Council aware of condemnation suits status. DOWNTOWN MUZAK SYSTEM Mr. Bob Duncan, downtown area merchant, advised Council of a Muzak System being installed in the downtown area, which in some locations in error, it was being installed on electric and telephone poles, but since being brought to their attention the installation would be corrected and confined solely to private properties. There being no further business to be brought before Council at this time, the meeting was adjourned by Mayor Smoak at 8:45 P.M. JQLL'AL I./. ;;AA,tI~ DOLORES W. CARROLL - City Clerk