04-24-1973 Supporting DocumentsMINUTES M 930'
REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was hold in the
Council Chambers on Tuesday, April 24, 1973. The meeting was called to order at
7:30 P. M. by Mayor Don E. Smith with the following members present: Councilmen
Smoak, Beals,Byrd and Schroedel. Other officials present were: City Manager Hopkins,
City Controller Fleming, City Clerk Carroll, City Attorney Vason, Director of
Community Services Smythe and Director of Public Utilities Asbury. Others present
were: Mr. and Mrs. W. F. Perry and the Messrs. Francis Loomis, Henry Czech, George
Hovis, J. R. Peacock, Jim Stearns, Gerald Shepard, Fred Addison, ,Mike Williams,
Sed Adams, James Johnson, Willie Chandler, Mike Prescott, John Minor, Herbert Isom
and John Reagan. A representative of the Orlando Sentinel was also present.
The Invocation was given by Councilman Beals followed by repeating of the Pledge
of Allegiance in unison by those present.
Dr. J. R. Peacock, representing the Little League Association, appeared before Council
in support of a letter submitted to Council earlier wherein they requested that
Council reconsider their action taken on April 10th to move the lights and fence
at the softball field in order to make it regulation size, and instead, allow
the Little League this field for expansion and to utilize property to the south
and west of this field for softball this season and then allow Little League to
utilize this field also next year in order to expand to two leagues and relocate the
softball facilities elsewhere. It was consensus of Council that help and cooperation
be extended to all organized assocations and not just a few, thus their agreement
to move the lights and fence for the softball assocation, and suggested that
representatives of the Little League and Softball Associations endeavor to work
out a schedule whereby both could utilize the existing field. It was the final opinion
of the representatives of the two associations that something could be worked out
for this season, but that this arrangement would not be agreeable to them for next
year.
City Manager Hopkins submitted his report both orally and written and a copy is
attached hereto.
With regards the Manager's suggestion that a work session of Council be held with
regards the sanitary sewer assessments of the Lake County School Board as they had
requested, Mayor Smith called a work session for Wednesday, May 2nd at 7:30 P.M.
in the Council Chambers; With regards the recommendation of the City Manager that
the sanitary sewer assessments billed to the Womans Club and the Cooper Memorial
Library be paid from the General Fund Contingency Account, motion was made b Councilmar
R,„-d_ cPrnndpd by Councilman Schroedel and unanimously carried that th s be
City Controller Fleming reported as follows: That initially Stone anz!Youngberg had
advised that the city would have to expend $15,000 to pay the interest on the refunding
bonds thru May 1st and I inquired if it would not be possible for the Trust Company
of Florida who holds the $1,540,000.00 worth of savings certificates to change their
maturity dates on the first payment which would more closely coincide with the
interest payment dated May 1st, and have received an answer that they would adjust
their interest date to April 25th and instead of having to put up $15,000.00 and
leave it up there for the next 10 years we now only need $1,540.00 plus one dollar
to keep the account open, so we shaved that much off the outlay of $15,000.00;
That on the collections on the sanitary sewer assessments through this date, $249,000.00
had been collected and $240,000 of that is in savings certificates @ 7%.
City Attorney Vason requested authorization from Council to retain an, appraiser
for the Peter H. Johnson property, whereupon motion was made by Councilman Smoak,
..�7,4i er1
With regards the request of Laurence Russellfor a refund of city taxes charged him
in error for the years 70 and 71,and which City Attorney Vason advised that it was legal
to do so, motion was made by Councilman Smoak seconded by Councilman Byrd and
MINUTES V 937
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING SUB -SECTION (E) (2) OF SECTION
26-25 OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA: ESTABLISHING
SIDE YARD SETBACK REQUIREMENTS IN C2 GENERAL COMMERCIAL ZONING DISTRICTS: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN
EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY POSTING and the motion was seconded
by Councilman Smoak. The Ordinance was read by title only for a second and
final reading by City Attorney Vason and upon roll call vote on passage of the nation
was seconded by Councilman Smoak. The Ordinance was read by title only for a
second and final reading by City Attorney Vason and upon roll call vote on passage
of the motion, the result was Ayes: Schroedel, Byrd, Beals Smith and Smoak. Total
Ayes: Five, Nayes: None. So the ORDINANCE was adopted, the number 91-C assigned
to it and a copy ordered posted.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, FLORIDA, AMENDING SAID CODE OF ORDINANCES BY ADDING A CHAPTER
TO BE ENTITLED CHAPTER 15, SAID ORDINANCE PROHIBITING THE REMOVAL OF TREES IN AND
ABOUT THE CITY OF CLERMONT: DEFINING "TREE" FOR SAID PURPOSE: PROVIDING FOR THE
ISSUANCE OF PERMITS FOR THE CUTTING AND RE140VAL OF TREES: PROVIDING STANDARDS AND
CONDITIONS FOR THE ISSUANCE OF SAID PERMITS AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING
FOR PUBLICATION BY POST and the ORDINANCE was read in full by City Attorney Vason
for a first reading.
Councilman Beals advised Council that will regards the old and unfinished business
of the Minneola Police and their harrassment of Clermont residents and their "perching"
at the Citrus Tower, he would recommend and move that correspondence be directed
on was
Smoak and unanimously carriea.
Councilman Schroedel read a portion of a letter from Cooper Memorial library
wherein they opposed the suggestion of charging a $1.00 fee for borrowing books.
Upon inquiry to City Attorney Vason about the status of the proposed changes in the
Charter before the state legislation, he advised that he had no information to
give Council at this time whereupon motion was made by Councilman Beals ec sonded
by Councilman Byrd and carried that Messrs. George Hovis, George Dupee, Francis
Loomis and W. F. Perry be appointed to membership on the Planning and Zoning
Commission until such time as the legislature acts upon the charter changes.
With regards Council's instructions to Michael s-Stiggins, Inc. that if the necessary
Operations Manual had not been completed and delivered by May 1st, the firm of Dawkins
and Associates would be instructed to draw it up at their expense, Councilman Smoak
inquired of City Manager Hopkins if he had had any recent information on this and
he replied that he did not have. Councilman Smoak advised that he felt Council
should proceed as directed previously by Council and if the Manual had not been
received as requested by the due date or with a definite assurance of a date shortly
thereafter, that Council proceed with having Dawkins and Associates draw it up.
Councilman Smoak resented and moved the adoption of a RESOLUTION petitioning the
on a egis ature to esignate a sing a state agency as a central depository for
municipal financial reporting. The motion was seconded by Councilman Beals and
unanimously carried. The RESOLUTION was read in full by City Attorney Vason,
the Number 209 assigned to it and a copy ordered posted.
Councilman B rd resented and moved the adoption of a RESOLUTION urging the Florida
egis ature to enact egislation clear y authorizing the levy of occupational licenses
by each local municipality in a discretionary manner and directing that occupational
license revenues received from various counties in the State be estreated to local
municipalities on a proportionate basis. The motion was seconded by Councilman
Smoak and unanimously carried. The RESOLUTION was read in full by City Attorney
Vason ,the Number 210 assigned to it and a copy ordered posted.
o �►
MINUTES NQ 938
Councilman Deals advised there was no place for people to register for county elections
In South Lake County and he wondered if it would increase the work load too much
for personnel in City Hall to take over those duties. City Manager Hopkins advised
that he would be glad to look into the matter and make a recommendation.
Councilman Deals advised that he felt the traffic situation along Highway #50 was
a critical one w thout anything being done by the DOT thus far and he wothereby
move that corres ondence from Council be directed to the DOT request ng ti hat a
complete tra c stu y e ma e of 111911way 50 in Clermont. The motion was seconded
by Councilman Smoak and unanimously carried.
The meeting was adjourned by Mayor Smith.
Don E. Sm t ayor
Dolores W. Carroll, C ty Clerk
April. 14, 1979
Clarmorrt City CouM; 1 l
Cler'mor,t„ I'l.orld:r
CnnCl.emr.nr
A.t 1;hn Marc th IT! o0IT, irill of 1,it Cf ty Council our City Comp-
trollor. , Mr. John Pl.nuuilin(;, pre'll in f ,ctu uncl ClItIyro Chow^
LnIC that for I:he two ,yearn of 1.970 end 1971 the City of Clermont
Karl col.loc tad c 1 ty taxna on that portion of my property which
at, 1;hnt 1;i.mo wau Outci.do of tho corporate liner of the city.
sPhe ,ttorefundV; unabler.rrto an,ytwhether jil1ei.Y.crwouldlbe legal
ed Ce the city
An Ldentical n.iituatiorr occurred o,esta five ,years rtc and my
money was rei'undrd i.n full., thug ncrtaU.l.f. ,hie(; a precedent.
Since most lr:{�al declsi.ons are dncIdrd on precedent our. city
ati:orne,y should have no trouble. with this decision. ,-
I understdid nlottpre^eat anuanswerctoitheoquestion10and t}atcthe
attorney under the headingof "Unfinished
question never even came u} {
Business."
moneyy Ue refunded with out any further
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delay.
Very truly yours,
Laurence 1jusse.1.1
599 r. Lake Shore Drive
Clermont, Florida
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CITY MAHAGN 'S REPORT
We have received information from the Florida Department of Transportation that
a Highway Design Hearing on State Road 50 from State Road 33 in Groveland to
State Road 561 in Clermont will be held at the Groveland Community Center on
June 6, 1973 at 7:00 P. M.
Maps, drawings and other pertinent information developed by the DOT and written
views received from other agencies or public officials will be available for
public inspection and copying at the District Office in Deland from May 30
to June 5. It will also be available before the public hearing.
The Lake County School Board has requested a meeting with the City Council to
discuss their sanitary sewer assessment. A work session is requested for
Wednesday, May 2 at 7:30 P.M. at City Hall.
The State and Local Fiscal Assistance Act of 1972 required each government
recipient of revenue sharing funds to submit a Planned Use Report for each
entitlement period. By June 20, we must submit a Oeport for the entitlement
period January 1 through June 30, 1973. The estimated total of the funds is
$30,525.00. This matter can be discussed at the May 2nd work session.
Lots 8, 9 and 10, Block 73, the city owned property used by the Women's Club,
has been assessed $600.00 for the sanitary sewer improvements. The Council
minutes of August 26, 1969 reflect that city owned property under lease would
not be assessed. Since the assessment was' -made and must be paid, it is
recommended that the $600.00 be paid from the General' Fund. The reason the
engineers placed an assessment; un the property was because the tar, roll indicated
the property was owned by the Civic Club rather than the City.
A similar situation exists with the library - Lots 18, 19, Block 76 was deeded
to the City by the. -Cooper Memorial Library Association in 1970. The $400.00
assessment originally to the Library Association, must be assumed by the city
as the owner of the property.
Therefore, it is recommended that these two assessments be paid from the General
Fund Account 3 Code 720.
Robert M. Hopkil
April 24, 1973