09-08-1970 Supporting DocumentsMINUTES NQ 682
REGULAR HEETING
A Regular Meeting of the City Council of the City of Clermont was held
in the Council Chambers on Tuesday, Septemher 8, 1970. The meeting
was called to order at 7:52 P. H. by Mayor Don E. Smith with the follow-
ing members present: Councilmen VanderMeer, Oswalt, Cochran and
Bratton. Other officials present were: City Manager Johnson, City
Clerk Carroll and Chief of Police Tyndal. Others present aere: Jacob
Bumgarner, Christy Christensen, Mr. and Mrs. George Gallup, E. L.
Schumann, Henry Czech, Merle Bright, John S. Crosthwaite, Jr., Ernest
Collins, Albert Mechtold, Mrs. Loma Etheredge, Mrs. Rudolf Pretsch
and Mrs. C. Roy Rook. Representatives of the local Press were also
present.
The Invocation was given by Councilman VanderMeer.
The Minutes of the meeting held on August 25, 1970 were approved as
written.
Mayor Smith announced that the first order of business was a Public
Hearing with regards Council designating a Zoning for Lots 1 thru 5
of Forty Pines Subdivision which had inadvertently been deleted from
being zoned at the time of re -zoning of the entire City. Mrs. Rudolf
Pretsch, owner of Lot 3 in Forty Pines, and Mr. Jacob Bumgarner,
owner of Lots 1 and 2 in Forty Pines, appeared before the Council and
requested that this parcel be zoned a classification no lower than R-2,
and preferably be Zoned as R-2. Mr. and Mrs. George Gallup owners
of Lot 4 in Forty Pines, appeared before the Council and requested
this parcel be zoned as C-2. Mrs. Loma Etheredge, a nearby property
owner of this parcel, appeared before Council and requested that the
parcel be zoned at least R-2 and preferably a higher classification
than R-2. After considerable discussion, motion was made by Councilman
Oswalt and seconded by Councilman Bratton that the necessary Ordinance
be prepared amending Code Ordinance No. 42 - Zoning which would
designate Lots 1-2-3-4 and 5 of Forty Pines Subdivision as an R-2
Medium -Density Residential District. Upon roll call vote on passage
of the motion, the result was: Ayes: Bratton, Cochran, Smith and Oswalt.
Total Ayes: Four. Nayes: None. Abstaining: VanderMeer. The motion
carried.
Mr. Merle Bright appeared before Council and introduced Mr. John S.
Crosthwaite, Jr., Director. of Governmental Sales for the Florida Power
Corporation, who was present to answer any questions which the Council
might have with regards the proposed franchise between the City and
Florida Power Corporation. Councilman VanderMeer inquired of Florida
Power's reason for a straight 6% percentage basis rather than a
franchise based on a graduated percentage as in the past and Mr.
Crosthwaite advised that Florida Power had been encouraged to do this
by the Utilities Commission in order to become consistent with all
other utility companies in the State.
City Manager Johnson submitted his report both orally and written, and
a copy is attached hereto.
With regards the matter of Modular Homes, which according to the
existing Zoning Ordinance are classified as mobile homes and thereby
not permitted within the city except in a designated mobile home park,
it was consensus of Council that no action be taken until such time
as a specific request for placing one in the city has been received.
Councilmen VanderMeer and Cochran commented on the large crowd which
attended the Labor Day festivities at the local Jaycee Beach.
MINUTES N9 683
City Clerk Carroll read communications as follows: From Mr. John
Greer wherein he expressed appreciation to the City Manager and
the Council for courtesies extended to him recently while interviewing
for the position of City ',tanager; From !lr. Tom Corbett of Les Larson
Realtors in Orlando wherein he offered for sale to the City, a parcel
of land located adjacent to Oakhill Cemetery on the East; From
Attorney GeneralEarl Faircloth wherein he urged Council to adopt an
Ordnance endorsing the present State Statute on Obscenity which
recently had been declared unconstitutional and unenforceable by a
federal court in Jacksonville, and which applicationhad
been made
to the Supreme Court of the United States to stayof the
federal court order. It was consensus of Council that this matter
be referred to the City Attorney for study and preparation of rough
draft of such an Ordinance to present to the Council for action.
Mr. Chris Christensen appeared before Council and presented a
petition from five property owners around Shady Nook Lake wherein
they requested that Shady Nook Lake be pumped down from its present
high water level. Mr. Johnson read a letter to Council from Mrs.
Mildred Middleton, property owner on Shady Nook. Lake, wherein she
vigorously protested any pumping of the Lake. It was consensus
of Council that any action be deferred until such time as they could
individually investigate this matter.
Motion was made by Councilman VanderMeer, seconded by Councilman
Oswalt and carried that the City Manager be authorized to pay moving
expenses of Mr. Robert Hopkins in the amount of $357.40.
Councilman Oswalt offered and moved the adoption of A RESOLUTION
ESTABLISHING 1970-71 BUDGET OF THE CITY OF CLERMONT WATER AND SANITARY
SEWERS DEPARTMENT FOR THE FISCAL YEAR 1970=71 and the RESOLUTION
was read in full. The motion was seconded by Councilman VanderMeer
and unanimously carried and the Number 167 assigned to it and a copy
ordered posted.
Councilman VanderMeer offered and moved the adoption of A RESOLUTION
ESTABLISHING A BUDGET FOR THE FISCAL YEAR 1970-71 FOR GENERAL OPERATIONS
OF THE CITY OF CLERMONT and the RESOLUTION was read in full. The
motion was seconded by Councilman Oswalt and unanimously carried and
the Number 168 assigned to it and a copy ordered posted.
Councilman Oswalt introduced AN ORDINANCE PROVIDING A BUDGET OF
EXPENSES FOR THE GENERAL OPERATION OF THE GOVERNMENT OF THE CITY OF
CLERMONT FOR THE FISCAL YEAR OF 1970-71 AND MAKING APPROPRIATIONS
THEREFORE: PROVIDING A TAX LEVY ON ALL PROPERTY IN THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA FOR THE YEAR. 1970 FOR THE GENERAL OPERATION
EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the ORDINANCE
was read in full for a first reading.
Councilman VanderMeer introduced AN ORDINANCE GRANTING TO FLORIDA
POWER CORPORATION, IT LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS,
AN ELECTRIC FRANCHISE, AND IMPOSING CERTAIN CONDITIONS RELATING
THERETO and the ORDINANCE was read in full for a first reading.
Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer
and carried that the bills be paid.
MINUTES
N4 684
Motion was made by Councilman Cochran and seconded by Councilman
VanderMeer that the City Clerk be authorized to disburse salaries
in the fiscal year 1970-71 for the positions of City Attorney,
City Controller and Jenkins Auditorium Supervisor as follows: Controller:
$3458.00; Attorney: $2100.00; Auditorium Supervisor: $2350.00. The
motion carried %gith Councilman Oswalt abstaining.
The meeting was adjourned by Mayor Smith.
&��It� 6
1:�: �-
DUN E. SMITH, t•AYOR
1 �
DOLORES W. GARRULL, CITY CLERK
I k! I Li.. SIJ r r 2i il I -I n 9-1-�
At 0 r Ian; rWA ;9 :Vought a) Y)ur a :nnzion the fact thpt,
acc,o�-dinq - _"')! lig 0�-9ii'an ;'crlai have the same
0;17ilicatwh a WOW", 11 )m that I cons.act
Taveren and pec n cup: e t t i i i g standards ro r
then. homes . I and at, 'least some
of our other now , :T not 4q, assed w i to this type of construction.
The r an swan 61 AY JwWem is . ut sev W " areas are zoned to
permi t the nud=" hm? si Dey ,re hi ^,;cd elsewhere. These
homes Win" WQ m-0 : far C"I cnu K""As but ,`.hey just as
de Fi Otely ary WW"Y W - r3, l e"cc to ich you would care to
have locate6 w,,L to your wym. Twn hui 1 dings are presently
not aermi Rud 0 AcA-A, wd n- in M 10 We Pak— If you
care to Mika y qoagnq n? 13:,w; j&n1d have your early "aJdcratVn-
Ar. Robert IWAInq tab advisno 1w, jhmoving expense from
Cocos i2cach a. Go Irmont will amy official action
shculd be ZWn on UK: We —
The ymp,enj is, uping "ova& Vrom the Bluxam Avenue W1
to tie Grand Wfmay vuln Ths pwp house wAl be constructed
this week or wn W ister "mOd ba availabla for use Within W
next two or ...In wenW.
At our last vmW9 it ,:as my intention
to lower the vabr hall or Shad.�' ! akE , This no',',' Py'es(-ots
something of Y PrOlab na3mach o; 1 hava a petition from five
adjacent property over. payesing thaz the water level be
lowered and 1 also hcv; a jactc - to ohn City Council from Mrs.
G, y Middow, TqwnVhq aay you o0ficial action to prohibit
i t . it ther0wo 3mmns &wn wn, matter
ter in in your hands.
City Attornq aryq hu asWd me to uVile You that this is
his ninth wmnv�nj ON th" he Oi H not 0113mScnt this
even ; ng. a in that hn has Qrahn-d =o ri tton report for you.
Anson
Septamber
ACCOUNTS PAYARL __S_`_'PTUMBER, i_, _'1971)
GENERAL
Superior GMC Trucks, Inc.
Orlando Paving Company
Cities Service Oil Company
Clements'
Goodyear Service Stores
Madden's Electrical Service
State Uniform Service
Clermont TV and Appliance
Kennon Bearing Service, Inc.
South Lake Press
Clermont Hardware & Supply Co.
Lake Apopka Natural Gas
Meeker Garden Supply
Westerman Ford
Hydraulic Supply Co.
Hodges Equipment Company
Jim Willis Hardware & Supply
Herb's Ice House
Prescott Tractor Sales, Inc.
GV-Oviers iiardware & Supply, Inc.
Harb Tractor & Equipment, Inc.
Clermont Builders Supply, Inc.
Standard Auto Parts, Inc.
Central Oil Company
Hilltop Book Nook
Reddick's Fifth St. Grocery
WATER DEPARTMENT
Ciermont Bldrs. Sl- iy
Badger Meter Mfg. Cc.
Davis Meter & Supply Co.
Chemical Equipment Service
Charles Sales Co.
TOTAL: $3,122.09
74.66
72.00
442.88
9.00
196.07
330.05
12.00
7.50
18.75
10.63
31.15
8.00
19.16
5.35
8.11
35.06
48.33
28.00
27.45
4.00
28.16
29.90
114.12
649.49
52.94
6.00
$ 2,268.76
86.69
325.34
189.00
218.10
34.20
$ 853.33
670 Shady Nook
Clermont, Florida
September 5, 1970
The Honorable Mayor Don Smith and
the City Council of the City of Clermont
702 0ontrose Street
Clermont, Florida
near ,,Iayor Smith and Clermont Councilmen:
As one who is conservation -minded and dedicated to the
preservatmon of the best possible ecology, I have a matter to
bring before the City Council of Clermont
It has been called to my attention that a petition, signed
by five property owners on Shady Nook Lake, has been submitted to
the City Manager for consideration by you,the members of the City
Council. This petition requests that the water level of Shady Nook
Lake be lowered about three feet.
Realizing that you are not obliged to vote for this request,
I am urging you to vote against it. It is possible that a group of
residents might petition the City Manager to take steps to discharge
all of the Councilmen from their civic positions immediately; or
someone might round up signatures of a group asking that the new boat
dock be torn down immediately; still others might be in favor of doing
away with the fire department. I know that you, as a judicious govern-
ing body, do not feel an obligation to yield to every selfish request
that comes along.
I belong to an educational committee called the Resource -Use
Committee, and the schoolteachers in this group, as well as millions
of other citizens of our country, feel that our lake water should be
conserved, not thrown away. I have to put on my glasses to see
Shady Nook Lake as it is now, but, if you allow it to be pumped down,
I'll have to get a magnifying glass to find it. Really, I think the
higher little Shady Nook, or Egg, Lake is, the more it does for the
scenic beauty of our town.
True, the water level was lowered some ten years ago, but
that was done to prevent Pitt Street from going underwater. At the
present time the road is about seven feet above the lake, which, in-
cidentally, is dropping rapidly and soon will be as low, and even
lower,than the person who got up the petition likes it to be. Since
the petitioner's original attempt, about a month ago, to get the lake
pumped, the water has already fallen about a fact- and -a -half. The
dock of the petitioner is already out of the water, and all indications
are that in a few days it will be completely high and dry.
Thank you for your consideration of a viewpoint that 2 think
is more in tune with the national movement to take care of what we
have left of our air, water, trees, and wildlife instead of wasting
and depleting them. Here is an opportunity for the civic leaders of
Clermont to take some positive environmental action.
My attempt to take issue with my neighbors' position is
being made without personal malice and in all good faith.
Yours sincerely,
Mrs. Glenn Middleton
Sept. 1,19'
Mr. Albert Johnson, City Manager
Clermont, Fla.
Dear Sir:
We the undersigned residents of Shady Nook Drive, desire
To have the water pumped down 40 inches in Shady nook Lake,to
facilitate the use of our docks and beaches. Thank you.
w, c-L"
i
September 8, 1970
City Council
City of Clermont, Florida
Gentlemen:
This is to advise you that the undersigned property owners, owning
property adjacent to or in the vi cinity of Lots 1, 2, 3, 4, and 5 of Forty Pines
Subdivision in Clermont, Florida do hereby object to any rezoning of said
property and respectfully request that City Council reject any request to
change the present zoning of said property.
�—' 41� Z �' e,
i