02-01-1966 Regular Meeting
.
.
MINUTES
REGULAR MEETING
N~
328
A regular meeting of the City Council of the City of Clermont was
held in the Council Chambers on Tuesday, February 1, 1966. The meeting
was called to order by Mayor Joseph BonJorn at 7:30 P. M. with all Council
members present. Other City officials present were City Manager McIntosh,
City Attorney Langley, Building Inspector Snyder, sup~rintendent Sheldon
and City Clerk Johnson. Also present were Mr. Taber, several visitors
and members of the Press and local radio station.
The invocation was given by Mr. Taber.
The minutes of the Council meetings held on January 18 and January
25, 1966, were approved as written.
The Chairman stated that the next order of business was the opening
of bids on materials and services for the proposed beach house at the
bathing beach located west of Lake Street and north of the A.C.L. Railroad,
and bids on three hundred feet of one and one-half inch fire hose. The
City Manager was requested to proceed with the opening of bids.
Mr. Hoskinson requested that prior to the bid opening that the
City Manager give the Council a briefing on the status of the beach in
question and the proposed improvements. Following the briefing by the
City Manager Mr. Beals suggested that he thought the matter should be
referred to the Bi-racial Committee before proceeding further with the
project and that he most definitely was of the opinion that additional
funds should not be expended unless, and until, some route of access to
the beach was provided. Mr. Turville was also of the opinion that access
should be acquired prior to the further expenditure of funds but did not
think that it was a matter for consideration by the Bi-racial Committee.
Mr. Hoskinson was in agreement that the matter should have some further
consideration and should be referred to the Parks, Cemetery and Recreation
and Public Works Committees for a complete study and recommendations.
Although a motion was not made or a vote taken it appeared to be the con-
sensus that the City Manager and the Parks, Cemetery and Recreation and
the Public Works Committees make a complete study of the project and
report back to the Council on permanent means of access, the total costs
to be involved and the long range plans under consideration. Pending a
report from these Committees the City Manager was requested to defer
the opening of bids.
The City Clerk opened bids on three hundred feet of one and one-half
inch fire hose which were as follows: American LaFrance, $1.01 per foot;
Guy Camp, $1.12 per foot, and Central Florida Fire Equipment Company $1.45
per foot.
Motion was made by Mr. Turville, seconded by Mr. Beals, and carried,
that the low bid of $1.01 per foot submitted by American LaFrance be
accepted and that the Purchasing Agent proceed with the purchase.
The City Manager reported that, with regards to the application for
permission to locate a skating rink on Eighth Street, between Montrose
and DeSoto; he had not received sufficient information to make a report
and recommendations at this time but that he expected additional information
within a few days.
The City Manager reported that he had talked with the State geologist
and that it appeared that the casing in the well at Highlands and Bloxam
o
.
.
MINUTES
N~
329
Avenues was cracked and leaking which was apparently causing the water to
be unusable and that furthermore the well did not appear to be straight,
which might possibly cause trouble. The City Manager aSed Mr. Turville
to make a further report on the matter. - Mr. Turville reported that in
addition to the items reported by Mr. McIntosh there was now the problem
of the well drillers having allowed a four inch casing, or some other
object, to drop to the bottom of the well. Mr. Turville further reported
that, in view of the many factors entering into the matter, he recommended
and moved that the City Manager request our engineers, Michaels Engineering
Company of Orlando, to advise Saine and Company that they have ten days
from date of notice to recover the object which was dropped into the well
and to take whatever steps are necessary to eliminate the seepage of
water into the well through the casing or to proceed with the digging of
a new well. The motion was seconded by Mr. Beals and carried.
The City Attorney reported that the proposed agreement between the
City of Clermont and the City Attorney had been examined by him and found
to be exactly as discussed at a previous meeting; that he had, therefore,
executed the agreement and requested that the City Manager be authorized
to execute it in behalf of the City. Motion was made by Mr. Turville,
seconded by Mr. Cochran and carried that the City Manager execute the
agreement.
Mr. Langley further reported as follows: With regards to the "Stop
and Frisk" ordinance it was his recommendation that such an Ordinance
should not be passed; that he would like additional time before reporting
on the matter of "destroying municipal records" and there was not a definite
answer as to the number of times an ordinance could be read at one meeting,
as each ordinance must be considered individually. Mr. ~angley inquired
as to the decision of the City Manager and the Council as regards his
request that the City purchase a set of books on municipal law. Mr.
McIntosh advised Mr. Langley that in his opinion it was not the obliqation
of the City to purchase the books in question and that he, therefore,
did not recommend the purchase. Mr. Turville recommended that the matter
be referred to the Finance, Laws and Personnel Committee for study and
recommendations as he thought there was a possibility that the time saved
in research might well offset the cost of the books. The Mayor requested
the Finance, Laws and Personnel Committee to investigate the matter further
and report back to the Council with their recommendations.
Mr. Cochran, Chairman of the PUblic Works and Planning Committee,
reported that all property owners, excepting one, had been contacted with
regards to the need of a street right-of-way in order to connect Chestnut
Street between West Avenue and Eighth Street and that they appeared to
be in agreement that the connection was needed. Mr. Cochran moved that
the City Manager be authorized to establish the North and South boundary
lines of the proposed street; to contact the property owners and determine
if they were definitely interested in the street and if so what compensa-
tion they expected in return for furnishing the required right-of-way;
an accurate cost of the overall project and the amount which would be paid by
the property owners. The motion was seconded by Mr. VanderMeer and
carried.
Mr. Beals, Chairman of the Finance, Laws and Personnel Committee,
reported that it was the unanimous recommendation of his Committee, and
that he so moved, that H. W. Sheppard and Company be engaged to audit the
books for the fiscal year 1965-66 at an approximate cost of $1,900.00.
The motion was seconded by Mr. Hoskinson and carried. Mr. Beals further
reported that his committee needed additional time before making a final
report and recommendations on the proposed Personnel and Policy Pay plan
recommended by the City Manager. Mr. Beals stated that he expected to
have their final report at the next meeting of the City Council.
.
.
MINUTES
-N~
330
Mr. Cochran presented a RESOLUTION pertaining to the need of a
sewerage system ip Clermont and means of financing same and moved its
adoption. The RESOLUTION was read by Mr. Cochran and Mr. Beals seconded
its adoption.
YEAS: VanderMeer, Turvi11e, Cochran, Hoskinson and Beals
TOTAL YEAS: Five
NAYS: None
So the RESOLUTION as read was adopted and Number 64 assigned to it
and ordered placed in Resolution Book, Page 102 and ordered posted.
Mr. Hoskinson moved that Ordinance Number 12-M be read in full for
the third time and placed upon its passage. The motion was agreed to
unanimously and Ordinance Number 12-M was read in full for the third time.
\fuen the vote was taken on the passage of Ordinance No. 12-M the
result was:
YEAS: VanderMeer, Turvil1e, Cochran, Hoskinson and Beals
TOTAL YEAS: Five
NAYS: None.
So Ordinance Number 12-M passed, title as stated, and was ordered
placed in the Ordinance Book of the City and a copy ordered posted. Mr.
Turvil1e stated that he wished it to be a matter of record that he was
voting "Yea" under protest.
Mr. Hoskinson of the Finance, Laws and Personnel Committee, presented
for passage a proposed Ordinance Number 18-C the same being AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA,
PROVIDING FOR THE APPOINTMENT OF THE FOLLOWING COUNCIL COMMITTEES: PROVIDING
FOR THE DUTIES THEREOF: PROVIDING FOR THE NUMBER OF MEMBERS THEREOF AND
REPEALING ALL SECTIONS OF THE FORMER ORDINANCE IN CONFLICT THEREWITH
and the Ordinance was read in full for the first time.
~1r. Turville of the Finance, Laws and Personnel Committee stated
that the Ordinance had been prepared by his Committee and the City Attorney
at the direction of the City Council and asked that same be taken up at
this time. Mr. Turvi11e moved that the rules be waived and that Ordinance
Number 18-C be read the second time by title only. The motion was seconded
by Mr. VanderMeer and agreed to unanimously and Ordinance Number 18-C
was read the second time by title only.
Mr. Beals moved that the rules be further waived and that Ordinance
Number 18-C be read for the third time by title only and placed upon its
passage. The motion was seconded by Mr. Cochran and agreed to unanimously
and Ordinance No. 18-C was read for the third time by title only.
When the vote was taken on the passage of Ordinance Number 18-C the
result was:
YEAS: VanderMeer, Turvi11e, Cochran, Hoskinson and Beals.
TOTAL YEAS: Five
NAYS: None
So Ordinance Number 18-C passed, title as stated, and was ordered
immediately placed in the Ordinance Book of the City and a copy posted.
.
.
MINUTES
N~
331
Mayor BonJorn stated that inasmuch as the appointment of Council
Committees h~d been made by him prior to the passage of Ordinance Number
l8-C, which authorized same, tnat he was reaffirring the appointments,
which were, and are, as follows: FINANCE, LAWS AND PERSONNEL: Charles Beals,
Chairman, Harold Turville and James Hoskinson. PUBLIC WORKS AND PLANNING:
Raymond Cochran, Chairman, Harold Turville and J. M. VanderMeer. PUBLIC
SAFETY-POLICE, FIRE AND HEALTH DEPARTMENTS: Harold Turville, Chairman,
Charles Beals and Raymond Cqchran~ BUILDING AND ZONING: James Hoskinson,
Chairman, Raymond Cochran and J. M. VanderMeer. PARKS, CEMETERY AND
RECREATION: ,J. M. VanderMeer, Chairman, Charles Beals and James Hoskinson.
City Clerk Johnson advised that there were no communications and
that he had but two matters of business and that ~hese were questions which
he would like to address to the City Attorney. Upon receiving"permission
from the chair, Clerk Johnson asked the City Attorney for answers to
the following questions: 1. Does the City Council have the authority to
authorize the violation of any City ordinance? What' is the extent of
the authority of the Zoning Board of Adjustment in granting variances to
the Zoning code? Mr. Langley advised ~hat the ,City Council did not
have the authority to authorize the violation of any existing ordinance
and that the Zoning Board of Adjustment did have full authority to grant
any variance to the Zoning Code.. Clerk Johnson recommended that an
Ordinance be considered, under the authority of paragraph (a), Section
138 of The code'of'Ordinancest wherein the duties and authority of the
Zoning Board of Adjustment would be more specifically stated. The matter
was referred to the Finance, Laws and Personnel Committee for a complete
study and recommendations.
Mr. Beals, Chairman of the Finance, Laws and Personnel Committee,
advised the city Council that he and the City Manager had scheduled
meetings with financial consultants for both Wednesday morning and afternoon.
City Manager McIntosh advised the Council that he had received a
petition from interested property owners requesting that East Montrose
Street be graded and paved from Disston Avenue to Scott Street and that
more than the required percentage of owners and lineal feet were represented.
Motion was made by Mr. Hoskinson, seconded by Mr. Cochran and cartied,
that the petition be accepted, the request granted and that the Manager
proceed with the grading and paving of the street with the understanding
that the cost of such construction is to be paid jointly by the abutting
property owners and the City of Clermont; one third by the City and '
one third on each side of the street by the abutting property owners.
City Manager McIntosh advised the Council that he would like to
tentatively set May 7, 1966 for dedication of the George Jenkins Additorium;
that he would like authorization to proceed and that he would definitely
require the assistance of Council members. Motion was made by Mr.
Cochran, seconded by Mr. VanderMeer and carried that the City Manager
proceed as per his request and that he report back to the Council with
his final plans in order that they might approve or disapprove.
Motion was made by Mr. Turville, seconded by Mr. Cochran that the
bills be paid.
City Manager McIntosh reported to the Council that the Water Department
employees had attended a short course at Ocala where they had obtained
considerable information.
Clerk Johnson reported to the Council on those properties which
had been mowed and/or otherwise cleaned at the direction of City officials
.
MINUTES
.
~
N~'
332
due to the owners not having complied with the notice from City officials
that their properties must be cleaned. Clerk Johnson further advised that
although the owner~ of the property had been billed for the services and
forwarded a final notice to the effect that the matter would be turned
over to the City Council February 1, 1966 unless 'paid, that the accounts
remained unpaid.
Motion was made by Mr. VanderMeer, seconded by Mr. Turville, and
carried that the list of property owners who were delinquent in paying
the cost of mowing and/or cleaning their property be turned over to the
City Attorney and that the City Attorney advise them in writing, by
registered mail, that they had within two weeks from the date of his
notice to settle the account or that he would file a claim of lien against
their property in behalf of the City of Clermont, and that unless such
accounts were paid within two weeks from the date of notice that the
City Attorney proceed with filing a claim of liens without further
instructions or authorization by the City Council.
Clerk Johnson recommended and motion was made by Mr. Hoskinson that
a study of the procedure being followed under Sections 11-22, 11-23 and
11-24 of the Code of Ordinances be studied by the Public Works and Planning
Committee with the thought that some improvements might be made. The
motion was seconded by Mr. Cochran and carried.
Mr.
Motion by/Turville, seconded by M~. Hoskinson and carried that
meeting adjourn
rk