12-23-1975 Supporting DocumentsMINUTE'S Fyn 1220
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was hold in the
Council Chambers on Tuesday, December 23, 1975. 'rho meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Oswalt, Byrd, Srhroedel, and Blackburn. Other officials present were:
City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of
Conununity, Services Smythe, Finance Director DeDier, and Chief of Police Tyndal.
Others present were: The Messrs. Wade, Crowson, Czech, Waters, Ekiert, VanderMeer,
Olivenbaum, Coxe, Watson, Sargent, Dougherty, and Symmes.
The Invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held December 16, 1975 were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to consider
request of Bob Wade for a Variance to Section 26-25 (D) (e) (1) of the Zoning
Ordinance (HEIGHT OF GROUND SIGNS) in order to place a sign in the front of
Bob Wade Ford which would exceed the overall height limitation for ground signs by
five feet. Mr. Wade appeared before Council in behalf of his request and advised
as follows: That the proposed sign was the standard sign as manufactured by
the Ford Motor Company advertising Ford agencies; That it had been necessary to
order the sign some months previously in order to have it placed at time of his
proposed Grand Opening in the new location; That at the time the order was placed,
the proposed location for the sign was outside the corporate limits of Clermont
thereby coming under the Lake County rules and regulations which permit such
sized sign, but prior to delivery of the sign, his property, which had been at
his request, was annexed to the city where existing rules for ground signs prohibit
such sized sign; and, That in order to comply with the city's regulations, the
sign would have to be returned to the factory for alternations thereby creating a
hardship both financially and time wise. He further advised that he had thought
his construction would have been completed prior to the effective date of his request
for annexation, which would have been acceptable in all phases with the county's
regulations. Council was in agreement that this was a unique situation creating
a hardship. Mayor Smoak inquired if there be any objection from the floor, and there
was none, whereupon motion was made by Councilman Byrd, seconded by Councilman
Schroedel and unanimously carried that the request be grante .
Mayor Smoak commended Mr. Wade on the excellent coordinated and highly successful
Xmas Parach held recently, sponsored by the Chamber of Commerce and chairmaned by
he and Mrs. Wade.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
request by Donald H. Coxe for a Variance to Section 26-21(R-1 URBAN RESIDENTIAL
DISTRICT (E) (3) SETBACKS) of the Zoning Ordinance in order to construct an addition
to his residence located on Lot 11 of Block A of Edgewood Place Subdivision. Mr.
Coxe appeared before Council in behalf of his request and advised as follows:
That in order to construct an addition on the rear of his residence for needed
additional living area, it would be necessary to penetrate twelve feet into the
rear yard setback; That the rear side of his residence was the only logical
side for an addition inasmuch as bedrooms and a garage were in the front of the building;
That a reverse in the floor plan of the building had been made by the builder without
his knowledge or approval prior to construction which created the existing situation;
and, That he had previously submitted written consent of his proposed addition by
the immediate abutting property owners to the east and west. Council was sympathetic
with the problem as presented by Mr. Coxe, but advised him that the required set-
backs were existing at the time he purchased the property and no changes had been
MINUTES M 1221
made by the city in that location since that time, The possibility of future problems
being created should the existing grove property abutting Mr. Coxe's residence to
the roar be sold for development which could result in side yard setbacks abutting
to the rear yard setbacks of Fd9owood Place Subdivision leaving only a few feet
between the oar of one house to tiro side of the other house if variances were granted to
the granted to the rear yard setback as requested by Mr. Coxe, was discussed at
length by Council. Inasmuch as Edgewood Place Subdivision is a now subdivision,
it was also consensus of Council that many other homes constructed there had rear
yard areas of like size to Mr. Coxe, and if one such variance was granted, there
would be many more requests. Council inquired of Mr. Coxe if his problem could be
eliminated by the granting of a front yard setback variance, extending the garage
to the front and utilizing the rear portion of tire existing garage for his proposed
addition. Mr. Coxe advised that this would not be feasible inasmuch as the rear
portion of the garage contained the major plumbing. It was the determination of
Council that a real hardship (lid not exist, wherou on motion was made b Councilman
ni. i,hiivn. cnrnndnd by Councilman Oswalt and unan pious y Carr e tat the request
Mayor Smoak announced the next order of business to be a Public Hearing to consider
request of J. M. VanderMeer, Trustee, and Axel Olivenbaum for the zoning from R-2
to C-2 the property described as Lots 1 thru 9, the East !; of Lot 10, Lots 13
thru 17, Lots 24 thru 28; all in Fairview Place Subdivision, and The East 85'
of the North 260' of that part of Lots 13 and 14 in Block "V". Mr. VanderMeer
appeared before Council in behalf of this request and advised as follows: That
the proposed use of the property is for construction of a bank and other commercial
uses along the line of professional offices, at such time as the need develops;
That the proposed rezoning would not be detrimental to abutting zoning; That
the area would be well buffered from all abutting properties on the east, south,
and north sides, and, That access to the property would not present a traffic
hazard as now exists along State Road #50. Considerable discussion and study of
a map of this area was given by Council at which time it was suggested there was
a possibility existing that the lots abutting this property on the south, though
presently owned by Messrs. VanderMeer, Trustee, and Olivenbaum which are zoned
R1A, would be sold for development thus creating an undesirable situation of
C-2 zoning abutting R1A zoning, should the property be rezoned as requested. Mayor
Smoak inquired if there be anyone present who desired to speak regarding the request.
Mr. Henry Czech appeared before Council in opposition to the request for rezoning,
advising that his was the single dissenting vote at the time the Planning and
Zoning Commission considered this matter and voted in approval of the request by
5 to 1, and explained his position as follows: That inasmuch as there is a proposed
use for immediate utilization of a portion of the property, a bank, but no other
specifics mentioned other than "other" commercial uses as the need develops",
a rezoning of the property would allow all the permissibles under C-2 zoning
of which he enumerated a few of them as bus terminals, taxi stands, dry cleaning
establishments, theatres, including drive-ins, hotels, motels, used car sales
and even the repairs of automobiles; That it would certainly not be compatible
zoning to have a C-2 zone abutting one of R1A; that upon consideration by the
Planning and Zoning Commission of a request by Mr. VanderMeer for the rezoning of
this property which he made last September, it had been the consensus of the
Commission at that time that the proposed use of the property should be applied for
under a PUD or CUP and that Mr. VanderMeer then withdrew his request; That upon
his inquiry of Mr. VanderMeer following the recent P & Z meeting if the property
owners were still in a position that they could not request use of the property
by either PUD or CUP, he had advised that under present economic conditions they didn't
know when or what they could do; That it would mean the removal of prime R-2
residential zoning; That the present property owners, being business men, would be
foolish not to dipose of the property if the right opportunity arose, and if
such transaction did take place, this large parcel of property would be available
for all uses permissible in a C-2 zone which he queried would be fair to the citizens
MINU'IEN m 1222
of Clermont; Tha tit was his understanding that in the proposed reconstructioil
of Highway #50, the existing right-of-way in that area would include a sidewalk
and he desired that Council visualize Highway #50 at that location as a widened
road, a sidewalk permitting people to walk, directly opposite a gasoline service
station, no buffer in the middle of the street, traffic existing both left
and right as well as directly across, which he felt would be extremely hazardous
and not representative of the wishes of all of the people in Clermont; and, That
he did not feel Council should consider the rezoning of the property to accommodate
a bank because it would be the rezoning of a total large percel of property.
There was on one else present who requested to address the Council regarding
the matter.
Council was in agreeiaent that all pertinent precautions had been taken with
regards protection of abutting property owners, that the major commercial shopping
area of Clermont was now located in that area of the city, but that consideration
should be given for possible future change in ownership of the R1A property
immediately to the south. Motion was made by Councilman Blackburn, seconded
by Councilman Schroedel an carr e_ ,tat the property be rezoned as requested
Mayor Smoak announced the next order of business to be a Public Hearing to consider
..........
request of J. M. VanderMeer, Trustee, for the closing and permanently aban ong
of Hill Street, from Disston Avenue to Strickling Street. Mr. VanderMeer appeared
before Council in behalf of this request and advised they were the owners
of the property on both sides of the street. Mayor Smoak inquired if there be
anyone present who desire to be heard regarding this tter, and there were none.
Motion was made by Councilman Oswalt,_ seconded by Councmailman Byrd and carried that
Mayor Smoak announced the Public Hearing would continue to consider the request
of J. M. VanderMeer, Trustee, for the closing and permanently abandoning of Carrie
Street, from Minnehaha Avenue to Hill Street. Mr. VanderMeer advised Council
that they were the owners of the property on both sides of the street. Motion
was made by Councilman Blackburn seconded by Councilman Byrd and carried that
the request be granted. Councilman Oswalt voted Naye on passage of the motion,
inasmuch as a portion of this street is not within the confines of the proposed
development area that Council previously voted to change the zoning of.
Mr. R. W. Waters, Chairman of the Bicentennial Committee, apeared before Council
to report on the Committee's progress, today. He advised that a representative
from the schools, churches, veterans organizations, youth groups, tourist clubs,
professional officies, utilities offices, merchants, womans clubs, mens clubs,
U. S. Government, recreation clubs, City of Clermont, and Town of Minneola , had been
appointed to the Committee; That the members would be collecting memorabilia from
each of these organizations for sealing in a Time Capsule to be opened during
the country's Tri-centennial celebration in 2076; That it was their suggestion
to obtain a time capsule of 2 square feet, 18" high with a bronze plaque denoting
the date, and to be placed in the Center Lake area; That it had been proposed
that the Veterans Organizations would sponsor a parade on July 4th preceding
a flag pageant to be performed by youth of the area t the time capsule site and
just immediately prior to sealing of the capsule; and, That the committee would
continue to seet on the 4th Monday of each month, and they would encourage that
members of the Council meet with them for their ideas and suggestions.
MINUTHS N4 1223
City Manager Hopkins submitted his regular written report, and a copy is attached
hereto. City Manager Hopkins orally reported that notification had been received
that the Farmers Home Administration has approved the contracts submitted to
them for approval following the approval by City Council, that the letter had
been forwarded to the engineers for their review, and that it was anticipated
the contracts would soon be forthcoming for Caluncil's approval and execution.
Ile further reported he was hopeful of meeting the 60 clay deadline in terms of award,
January 13th being the last day of the 60 day period,
re
any
aicitytcharter8berd reported incorporatedhat intotatrevisedtes charteribefoiretforwardinamendments 0 toth
Secretary of State for filing and he therefore would need time to have the
entire revised chater typed, but anticipated having it ready by January 1st.
He further reported the new charter would take effect on date of filing.
With regards The Lake Improvement Committee, Mayor Smoak advised a communication
had been received from City Attorney Baird setting forth the manner of funding
and expending of monies for such project, which he was forwarding to the City
Manager and Finance Director. With the same regards, City Manager Hopkins advised
that a check had been received this date in the amount of $500.00 from the
Donald D. and Margaret B. Horton memorial fund for the purpose of designating
a grant for scientific research project on water pollution of Clermont Lakes to
aid in funding project for construction of catch basin which is designed to filter
run-off water before entering lakes.
Finance Director DeDier reported that tax monies had been coming in real well, and
that the cash flow was in excellent shape at this time.
Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried
that the bills be paid.
City Manager Hopkins reported that a single bid had been received for the Building
Official's car from Bob Wade Ford 0 $3,786.43, and that he recommended that
Bob Wade Ford be awarded the bid. Motion was made by Councilman Oswalt, seconded
by Councilman Byrd and carried that the recommendation of the City Manager be
accepted.
City Attorney Baird had been requested to prepare an ordinance regarding skateboard
OFdORDINANCES OF THE SCITY dOFtCLERMONT, LAKE this time. NCOUNTY, FLORIDA, PROHIBITING EMEGENCY ORDINANCE UNDER THE
ODE
THE
RIDING OF SKATEBOARDS ON THE STREETS, ALLEYS, PUBLIC PARKS, OR PARKING LOTS
OPEN TO THE USE OF THE GENERAL PUBLIC: REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE. The
Ordinance was read in its entirety by City Clerk Carroll for a first reading.
Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried
that the Ordinance be adopted. Councilman Byrd voted Naye on passage of the motion.
During discussion prior to second and final reading of the ordinance, Mr. Tom
Dougherty addressed the Council from the floor in opposition to passage of such
and ordinance inasmuch as he felt all local youths would be penalized, and
advising that there were very few suitable private home driveways in the city on
which the youth could skateboard. Councilman Byrd was in agree,emt. with Mr.
Dougherty. Mayor Smoak advised the emergency ordinance would expire in 61 days,
and that it was hoped the reported problems with skateboard will have been
eliminated by that time and a permanent such ordinance would not be necessary.
Mayor Smoak read the EMERGENCY ORDINANCE for a second and final reading, by
title only, whereupon motion was made by Councilman Oswalt and seconded by Councilman
Schroedel that the ORDINANCE be adopted. Upon rollcall.vote on passage of the
motion, the result was: Ayes: Oswalt, Schroedel, Blackburn, and Smoak. Total Ayes:
Four. Nayes: Byrd. So the ORDINANCE was adopted and the Number 143-C assigned to it.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III
OF FFORAOFF-SITEASOIGNS, PROVIDING FORNON-SITEESIGNS, PROVIDING FORKCERTIFICATESPOFVIDING
MINUTES V 1224
OCCUPANCY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was
read for a second and final reading by City Clerk Carroll, by title only. Upon
roll call vote on passage of the motion, the result was: Ayes: Blackburn, Byrd,
Schroedel, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. To the ORDINANCE
was adopted and the Number 141-C assigned to it.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III
OF APPENDIX A OF THE CODE• OF ORDINANCES: PROVIDING FOR SWIMMING POOL AND PATIO
REGULATIONS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILI-TY:
PROVIDING AN EFFECTIVE DATC•: AND PROVIDING FOR PUBLICATION and the ORDINANCE
was read for a second and final reading by City Clerk Carroll, by title only.
Upon roll call vote on passage of the motion, the result was: Ayes: Oswalt, Byrd,
Schroedel, Blackburn and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE
was adopted and the Number 142-C assigned to it.
With mixed emotions, City Manager Hopkins submitted his resignation as City Manager
to the Council effective the close of business on Friday, February 6, 1976. He
expressed Thanks to the Council, the city employees, and the citizens of
Clermont for their support, cooperation, and assistance during his five years
of serving as city manager. Speaking in behalf of Council, Mayor Smoak replied
that it had been a pleasure to have Mr. Hopkins as the executive officer of
the City of Clermont, that he felt the many programs innovated by Mr. Hopkins
while serving as City Manager would stay with us and continue to be an asset
to the citizens of Clermont, and that Council extended the very best wishes for
his success.
The meeting was adjourned by Mayor Smoak at 9:55 P. M.
yy Claude E. Smoak, JT,.
Dolores W. Carroll, City Clerk
0
AC^OIINTS PAYAOI , DECEMBER 3,975
ORNRRAL FUND
Grant Rantaurnnt
(Prisoner Moils)
34,00
7.00
Clermont Stroll
(Wnuh Car.n-Chrintmnn Pnrnda)
Clements'
(Pant Control)
9.00 x
18.50
1?d & Clairo'n Rantaurnnt
(Prinonor Mualn)
14.60
relcord Drugn
(Bnttiern, Tape, & film)
10.00
Florida Firochiefn Annoc.
(Annual Memberohip)
1,366.63
Jan 11. MatthuWn
(Niche Dank)
15.00
(Chriatmao True-Jcnkina Auditorium)
J. It. Tryon
10.35
Katch-All Company
(Cable)
31.18
(Conformable Prea-on-Step)
Kofflor
102.50
Lake Communication Sur.
(Radio Maint)162.00
Leonard'a
(Clothes-M. Ropers)
574.49
Publix Food Gift Certif.
(Gift Certificates)
105.50
Motorola Inc.
Rao Maint)
(di
1G7.68
Morgan's Auto Parts
(Auto Parts & Maint)
1,167.68 I
59
Mobil Oil Corp
(Petroleum Products)
19.95
19
Neisncr Brothers of Clermont (Anti-rreeze)
562
(Annual Municipal:Judge Conference)
Municipal Court
3..9.97
Sears, Roebuck & Co.
(Cotton Duck Tarps)
500
Jean Winston
(Lettering -Vol Firemen)
260.00
d Heatin & Cooling
Woo g
(Monthly Maint)
22.50
Zoning Bulletin
(Annual Subscription)
4,821.27 ;
UTILITIES DEPARTMENT
20.00
Davis Water & Waste Indus. (Meter Packing & Washers) 35.17
Moffatt Bearings Co. (Bearings) 64.43
Morgan's Auto Parts (Auto Repair & Maint)
Chemical Analysis) 97.0
Orlando Lab. Inc. ( .50
Sta-Con Inc. (Alternators)
252.10
� ail!/ rt� (��ra•rr)nrll
ar I Wmd Onlu Plnn� ■ Clurmma, flurldo 921i1 ■ Phnnni (004) D-1,3141
LEGAL. NOTICE
Pursuant to State Law notice is hereby given that the City
Council sitting as a Board of Adjustment will hold a Public
Hearing in the Council Chambers located on the corner of West
Avenue and DeSoto Street on Tuesday, December 23, 1975 at
7:30 P. M. for the following purpose:
To consider ra )uest of Bob 4Iade Ford for a Variance to
Section 26-25-M (e)(1) of the Zoning Ordinance (HEIGHT OF
GROUND SIGNS)
General Location Description: Tract 23, Section 29, Township
22 South, Range 26 East, according to the Lake Highlands Plat
County, dFloridatlesskrightage 26, of way forrlic Statecords of Lake
in Road 50,
All interested parties will be given an opportunity to express
their views on the above mentioned matter.
R. M. Hopkins, City Manager
City of Clermont, Florida
December 18, 1975
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u �:* In tUwi maount Of $P5.00
r licat..on to your Board for
;r1th
tr.1lcr 'rrt;;, n darisiou cui.,s.cl .-;
',hc. LullciinrJ 0fi'lclal of the City
of Clervon " whorebq ? ;. 1•'4(1,;c!:
hr,thnission. to
Add to ( ) , Al tr-t' (
) > Cons i:ruct (�) , Move �utd P1 acra
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Fir, '
_, Subdivision
in the Cii;,/ of C1ornout, Florida.,..
The rc;ason given by thr>. 0ui1d1,19
Official for the decision in
refusing to issue a build'litg permit.
Is
P�y appeal to you,- board is iw.sed on my contention that: this decision
creates a hardship on me 'eor the folloeainy reason,.c > iA1 C
NLT� oT A 71.lb Iq c it ,u 1) 111 C-A) s (w H r C rl M%-Y-T-
eov N 01 b r o A 0 c r3S� % 7W,,,V/ o vs 7Z, %7 x fl ,v U e-kA i7 o A)
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Or�tAll neresary flout,plans- peso t ans and/ocher perLMnen�9, u,m 1on- rAWAx5.
nW'i.
are attacheii hereto.
Variance Application must br; filed with the City Clerk no later than
5:00 P. M, on Friday, t:ilo (2) rteeks prior to the Council meeting at which
the Varlanco will be considered.
Dated 121- _2 Z?
Very truly yours,
(1/75)
Gill/ 4 ���r�ivluull
n I Want Onla Plntn ■ Clnananl, I'Inndn :)7111 ■ Phena; (non) 304.3141
I,H,A1, NII'I'1CH
Pursuant to Stnto Law notice in hereby given that
Council sitting as a Board of Adjustment
the laity in the Cnuneil Chnmbers
will hold it lublic Hearing
located on the corner of WAenuo and Desotoest v
Streets on 'I'uesdny, Ileeember 23, I975 tit 7:311 P.M.
for the following purpose: S,
7'o consider It request by Donald 11- Coxe for a
Variance to Section 26-21 (R-1 URBAN Im SIDRNTIN, DISTRICT
(F) (3) SETBACKS) of the Zoning Ordinance in ardor to
construct an addition to his residence located on Lot 11
of Block A of Edgowood place Subdivision (310 Crestview
Drive).
All interested parties will be given an opportunity
to express their views an the above mentioned matter.
R.M.Ilopkins, City Mnaager
City of Clermont, Florida
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
To TIIL•` 7.OilIMh OOARD OF N;JUSTMUI
or 111G C1'f1j' 0r' CL.hit�t011'f, FLORIDA
Gentlomen:
llavinsl posted the necessary appeal fee in tine amount of $25.00
with the) 061 clerk, 7 hereby mare application to your Board for
rolief from a decision rendered by the Building Official of the City
of Clermont, irhereby t was refused ponnission to
Repair ( ), Add to ( x), Alter ( ), Construct ( ), Move and Place ( ),
a building on totts
111ock _ A Subdivision +A_ 6Ilgewood final,
In the City of C'lersnont, Florida„
The reason given by the Building Official for the decision in
refusing to issue a building permit 'is
door, not conEonn to rear ynrd setbnek.
Q µiv
i'iy appeal to your Board is based on rqy contention that this decision
creates a hardship or,, me for t'he following reason, or reasons
Need more sq. Et. of living area to meet my famlly's needs.
All necossary floor plans, plot plans, and other pertinent information
are attached hereto.
Variance Application must be filed with the City Clerk no later than
5:00 P. 1SL on Fridra,y, two (2) creeks prior to the Council meeting at which
the Variance will be considered.
Dated
Very truly yours,
(1175)
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CITY MANAGER'S REPORT
23 December 1975
IIOSPITALIZATION INSURANCE
At the December 9, 1975 Council meeting wo advised that Blue Cross -Blue
Shield hospitalization insurance rates were increasing In January.
In view of the tremendous increase (Employee - $4.55, Family - $11.77) and
the concern of the employees, it is our plan to solicit quotations from
other insurance companies for comparative purposes. After receiving the
quotations, we can determine if lower rates are available from other
companiec. We can decide whether to receive, sealed bids.at that time.
Council concurrence is requested.
11/)VIN M%W111)
♦ITnnlipfn AT LAW
I Wr tl1nA 11; U, ArA n111-
111.1111DIONW, Y1.1111MA OuTIl
Decamhor 19, 1975
-15
Robert M. Ilopl(J.nn
City Manager, City of Clermont
I lienrgnto I'Jnzn nrlvo
Clermont, Plorldn 1271.1
RE: AMENDMENTS TO CITY CHARTER
Dear Mr. Hopkins:
Chapter 166.031 of the rlorida Statutes outlines the procedure to be followed
regarding amendments to municipal charters. According to the Statute, the
amendments are to be incorporated into the Charter and the revised Charter 1,
to be filed with the Department of State at which time the revised Charter
shall take effect.
It therefore appears that I will have to retype the Charter incorporating the
now amendments and forward this to the Secretary of State for filing. 1 antici-
pate having the revised Charter completed and filed prior to ,January 1 so that
the now Charter can take effect by then.
The Statute on charter amendments also provides that the municipalities shall
by ordinance redefine its boundaries to include those lands annexed and shall
file said redefinition with the Department of State at which time the redefini-
tion shall take effect. As soon as I have prepared the ordinance redefining
the boundaries, I will forward it to you for presentation to the Council
Very truly yours,
LEOTARD 11. SAIRD, .1R.
City Attorney
LHR/hmb
CC: City Council.0
City ClerkV
Finance Director
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December 19, 1975
RECr.:lvrn C c" M1 7 ,97!5
Robert M. Hopkins
City Manager, City of Clermont
1 I•lestgate Plana Drive
Clermont, Florida 32711
RE: LAKi:9 IMPROVEMENT COMMITTEE
Dear Mr. Hopkins:
pursuant to the request of Mayor Smoak, I have researched the question of: the
Clermont: Lakes Improvement Committee, funds budgeted for the committee and
grants to the committee in view of the new Charter and the general appllcablo
law. The new Charter grants specific authority to the Mayor to appoLnt advi- --
spry committees and coordinate their work. I would therefore recommend that the
Mayor reappoint the Lakes Improvement- Committee after the new Charter takes ef-
fect and redefine its specific function. The Supreme Court has consistently
held that if public monies are distributed to a non governmental entity, there
must be a "clearly identified and concrete public purpose as the primary objec-
tive and a reasonable expectation that such purpose will be substantially and
effectively accomplished". The courts also look to retention of control of the
funds allocated by the city. 'There are attorney general opinl.ons to the effect
that It is ne•cevsary for the municlpalliy to retain some control over the funds
so that there is a reasonable expectation that the public purpose wiLl be subs-
tantially and effectively accomplished.
I see no problem with budgeting funds for the committee in view of this existence
to serve a public purpose. However, I would recommend that grants to the commit-
tee from other organizations be given directly to the committee in lieu of the
City.
Very truly yours,
LEONARD Il. UAICD, JR, P
City Attorney
LME / hmh
CC: City Council
City Clerk
Finance Director
December 15, 1975
City or Clarmont
Clermont, Florida 72711.
RE: DONALD D. HORTON AND MARCARET B. HORTON MINOU AL FUND
Margaret B. Horton, now deceased, created a trust by Will in which the income
from such tru:at would be distributed annually to religious, charitable, educa-
tional and scientific organizations in such amounts as directed by the Clermont
Kiwanis Club in the name of her husband, Donald D. Horton, also deceased, and
her:;elf. Clermont Ki.wanla Club has directed that the enclosed check be made -
payable to you for the purpose expressed.
Therefore, as Trustee of the Memorial Find created by Mrs. Horton's Will, I ac
pleased to enclose check payable to City of Clermont in the amount of
$500.00 for the purpose of designating a grant for scientific research project
on water pollution of Clermont Lakes to aid in funding project for construction
of catch basin which is designed to filter run-off water before entering Laker.
Please advise me at the above address when the enclosed check has been used for
the purpose for which it is enclosed so that my records will be complete in the
event of Internal Rcvenuo audit.
l D W.. SCALDWELL '
Trustee of the Donald D. Ilorton and
Margaret B. Horton Memorial Fund
RWC/bb
Enclosure
TO: City Council
FRO14: City Manager
SUBRCT: Bids - Building Official's Car
DATr.: Dccomber 19, 1975
At 2 P. M. on Thursday. December 18, 1975 bids were opened for a 1976
four door sedan.
Bob Wado Ford of Clermont was the only bidder with a bid as follows:
Price of Car $ 4,525.00
Trade -In _ 738.67
Delivered 3,786.43
it is recommended that Bob Wade Ford be awarded the bid. The budget
alloc
tion was
ns
cc: Citv Clerk - Agenda 12/23/75
Finance Director
building official
��ilr/ r,��::��ra•n)rn)I
7a I Wont autn Plniu + Clormunt, 1'loilda 92.711 ■ Phono: (004) 004.0141
December 19, 1976
Mayor Claude E. Smoak, Jr,
and Members of the City Council
It is with mixed emotions that I hereby submit my resignation
as City Manager of Clermont effective the close of business
Friday, February 6, 1976'.
The past five years as City Manager have been challenging and
rewarding as well as personally and professionally fulfilling.
An opportunity has presented itself in the form of the City
Manager's position in Weslaco, Texas - a Rio Grande Valley city
of 18,000 population.
I want to thank the City Council, the city employees and the
citizens of Clermont for their cooperation, their assistance and
their support.
S.
l
o ert M. Hop ki
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
MINUTE'S M) 1225
SPECIAL MEETING
A Special Meeting of the City Council was hold in the office of the City
Manager on Monday, December 29, 1975.
The meeting was called by Mayor Claude_ E. Smoak, Jr., and Councilmen
Schroedel and Blackburn at 5:15 P. M. with regards vacancy created by the
resignation of City Manager Hopkins to become effective February 6, 1976.
City Manager Hopkins was also present. This meeting immediately followed
a work session of Council with officials of Florida Department of Environmental
Regulation and The Lake County Department of Pollution Control.
The meeting was adjourned by Mayor Smoak at 5:25 P. M.
Claude E. Smoa c, or.
DoIor�arroll, City Clerk