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12-10-1968 Supporting DocumentsAft MINUTES N° 6bK PEGULAR 111:LTIJG A regular meeting of the City Council of the City of Clermont was held in the Council Chambers on Tucs(Jay , December 10, 19 62 . The meeting was called to order at 5:00 P. il. by ;:ayor Don L. `.;with with all i,ierrbers prose nt excepting Councilman Oswalt. Other officials present were: City Manager Johnson, City Clerk Carroll, City Controller Fleming, City Attorney Langley, Chief of Police Tyndal and 1;uiIdi119 Inspector Snyder. Others present were the ilessrs: C. A. :langold, Merman Barhery, Max Judy, George Ilovis, William ':orris, George Gallup, William i;aker and Robert Stahl. Representatives of the local Press were also present. The Invocation was given by !1r. Barbery. The Minutes of the meetings held on ilovember 26, 1`.lbf•, December 2, 1962 and December n, 1963 were approved as written. RESOLUTION 110. 140 which was passed at the meeting of November 26 regarding extending a protection of a water supply well awned by Mr. :William Baker which would be located near the proposed new water supply well of the City to be constructed on property purchased from !lr. Baker was not agreeable to Hr. Baker and he appeared before the Council at this time in an attempt to reach a suitable agreement with the Council. City Manager Johnson advised that such an agreement was an urgent matter and should be reached as soon as possible inasmuch as the Layne -Atlantic Company was ready to start construction of the new well. Mayor Don Smith requested that it be a matter of record that inasmuch as there existed in this same area a CO' street right - of -way, that such well be constructed on 20' of this right-ofivay instead of purchasing additional property with possible "strings attached" for a period of years or maybe indefinitely. Considerable discussion took place regarding this matter, whereupon motion was made by Councilman Beals and seconded by Councilman Vanderileer that the City Manager be authorized to purchase a small parcel of land , to be used as a well site, from !William Laker at a price of 5200.00 and that the City Manager be further authorized to enter into a lease agreement with tdi1liam Baler whereby he leases an existing well to the City of Clermont for a term not to exceed twenty years at an annual lease fee of S100.00, and that the City of Clermont agrees to furnish Uilliam Baker the necessary water to irrigate and spray a twenty-eight acre citrus grove for a term not to exceed twenty years at an annual water charge of $200.00; it being under- stood, however, that should any part of the twenty-eight acres be used for any purpose other than citriculture, the obligation of the City to furnish water on that portion shall cease. Upon roll call vote on passage of the motion the result was as follows: Ayes: VanderNeer, Cochran, Beals and Prior. Total Ayes: Four. Absent: Oswalt. A copy of the Lease Agreement appears immediately following these „ainutes. During discussion of the above motion, Councilman Prior requested that the following be a matter of record. City Attorney Langley advised that this record must be recorded as being opinions of Councilman Prior. That between:S50,000 and $60,000 had already been spent on the abandoned Bloxam Avenue hell; That the committment to '.iilliam Baker plus the cost of construction of the new well from S25,000 to S30,000 would make a total new well cost of between 1177,000.00 to SP..7,000.00 Mr. Robert Stahl, Psychology Teacher at Clermont Nigh School appeared before the Council and requested permission to express ideas to "Boost Clermont'. The Council granted this permission, whereby ilr. Stahl expressed the MINUTES folio;ririg ideas: u N 2 WN 566 That no positive steps had been or :rere 1,eing taken to bring industry into Clermont; That neither eiere there any steps being taken to prevent industry from leaving Clermont; that notiiing : i a s being done to hold or bring young people into Clermont; brat he hilhly recommended that an annual Fishathon be held or Fishing Tournaments of some kind; That the local Library should be available to students in the evenings and the present Library facilities expanded and reconnnended that tire Council propose such a program to the Library hoard. liotion was made by Councilman Vander!Ieer, seconded by Councilman Beals and carried that Nr. Stahl meet rfith the official Board of the Chamber of Cominerce, with the Council's blessings, to consider promotions as he had mentioned. [lotion was made by Councilman Beals, seconded by Councilman Cochran and carried that the City :lanager be instructed to set up a joint meeting of the Council and the Cooper Ilemorial Library Board. Mayor Smith advised that the Council :+ould now sit as a Board of Adjustment to consider application of John Aull for a variance in the front and rear set -back requirements of Lots 9, 10, 11 and 12 of Forty Pines Subdivision. Attorney George Iiovis represented the petitioner, Hr. Aull. Messrs. Plorris and Gallup, adjacent property o:rners in Forty Pines Subdivision, appeared before the Council and objected to the variance. Attorney llovis and City Attorney Lannley advised Councilman Vanderhleer to refrain from taking part in discussion of this matter and front voting on this matter. Considerable discussion followed, whereupon motion was made by Councilman Cochran and seconded by Councilman Beals that the petition of lir. Aull as presented to thembe denied. Upon roll call vote on passage of the motion, the result was as follows: Ayes: Cochran and Beals. Total Ayes: Two. Abstaining: Prior. Absent: Oswalt. The motion carried and the petition thereby denied. Mayor Smith advised that inasmuch as the next regularly scheduled meeting falls on Christmas Eve, that the next meeting would be held on January 14, 1969. Mayor Smith announced that a joint meeting of the Central Florida Regional Planning Council and the State Road Department would be held on Wednesday, December llth, in 11t. Dora and he urged that as many Councilmen as possible, attend. City Manager Johnson reported he had received favorable communication from th.e'Fresh 'Dater and Game Commission regarding the city's request for a fishing pier to be constructed on Lake Minneola; that he had found it necessary to make some changes in the near future with regards supervision of the highlander Hut, but had no definite plans at this time. City Controller Fleming reported as follows: That roughly only 1/10 of 1Z of the total water accounts were delinquent and that these had been notified in writing that service would be discontinued if not paid within 5 days; that the Auditors had been working on the City's audit for three weeks and should come up with their final figures shortly; that all businesses which had not renewed their occupational licenses would be notified by mail, and that this figure represented approximately 20 to 25 businesses; that ad valorem tax collections had been good to date, but had now slowed down but would probably pick up near the end of the month in order to take advantage of the 3% discount period.. 2 MINUTES Ej N° W 567 City Attorney Langley reported as follows: that he felt a favorable solution would be worked out whereby 'A1 1iam hunt of FieeLer Garden Supply could continue to spray small citrus areas in the city; That with regards tax refunds being made to (9r. Laurence Russell and John Parks on property which has been determined to be outside the city limits, they had not exercised their statutory rights by submitting a request for such a refund in writing and therefore it would he a matter of policy of whether or not the Council desired to refund the money. There was no action taken on this matter. Councilman VanderHeer advised that in his opinion, it was very important that soundings for depth from septic tanks to sewer mains he made and inquired of City Manager Johnson if this was being done by Michaels Engineering. Tire City Manager did not know but assured Councilman Prior he would bring this matter to their attention. Councilman Vanderileer advised fie mould contact Council President Oswalt to set up a Special iieeting of the Council to review the recently adopted Zoning Ordinance. Councilman Prior inquired of the City ilanager as to progress on lighting of the Little League Gall Fields and he was advised that he was getting prices on same. Motion was made by Councilman heals, seconded by Councilman Prior and carried that the bills be paid. Motion was made by Councilman Beals, seconded by Councilman Prior and carried that the meeting be adjourned. Don L. Smith, Chairman Dolores � Carr , C1erp Aft AGREEMENT This agreement entered this IIth day of December, 1968, by and between the City of Clermont, Lake County, Florida, herein- after referred to as FIRST PARTY and WIL.LIAM FRANKLIN BAKER and VERA MAY BAKER, his wife, hereinafter referred to as SECOND PARTY. In consideration of the mutual covenants and promises con- tained herein the parties hereto agree as follows: I. the SECOND PARTY does hereby lease unto the FIRST PARTY a certain parcel of land described as: Beginning at a point on the west line of Lot 3, Block G of the townsite of Clermont as5shown of onPthe maublic R thereof recorded in Plat Book 3, Pagecords Dint being 274.90, south of Lake County, Florida, said p of the Northwest corner of said Lot 3, run thence East 25.Do,, thence South 25.00', thence West 25.00' to the West line of said Lot 3, thence North to the Point of Beginning, SEC - and upon which there is located a deep well and pump. The SEC OND PARTY agrees that the FIRST PARTY may use said well and pump at its discretion for the duration''of this agreement and sh--• have ingress and egress to and from said well without interference. The FIRST PARTY shall pay to the SECOND PARTY the sum of ONE HUN DRED DOLLARS ($100.00) per year as consideration for this lease. II. The FIRST PARTY hereby agrees to furnish the SECOND PARTY carry on normal citriculture prac- with adequate water supply to tices of spraying, irrigating or necessary practices on the SECOND PARTY'S property adjoining the heretofore described land. Such use shall be restricted to no more than twenty-eight (28) citrus production. If any of this property acres of commercial citrus production then the Ob- is used for other than commercial ligation of the FIRST PARTY shall cease as to that portion of .the property. At no time shall the acreage under this agreement ex- ..w.,� i „ the sum This agreement shall become effective at such time as the FIRST PARTY has completed its proposed well and has the same in permanent operation and shall cease whenever the SECOND PARTY teas d to use this peps;ty as commercial citrus. production or � "�4/ JanQaiy 1; k908, which er is sooner. The FIRST PARTY shall not be held liable for any failure of its own water supply. This agreement shall terminate as heretofore stated unless extended by mutual consent in writing by both parties. WITNESSES: FLRST PARTY City o rmont, by A M. OHNSON, City Man ger SECOND PARTY _ 41, few �L pAt F RANKLIN 21A t— pLRA MAY STATE OF FLORIDA COUNTY OF LAKE I HEREBY CERTIFY that on this day before me, and officer duly qualified to take acknowledgments, personally appeared A. M. JOHNSON, First Party. and WILLIAbf FRANKLIN BAKER, SR. and VERA MAY BAKER, his wife, Second Party to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my h,,:•.i a:'•.- oii:cial seal ir, the County and Stare last aforesaid this // day of December, 1 68. D otaryu is vy c).n:.ission expires: Notary PuMc, State of Florida at Large My Comm scion E,com ALal, 4. JAN ACCOUNTS PAYABLE - NOVEMBER 30, 1968 GENERAL FUND Cities Service $ 21.89 Fla. Power Corp. $ 1,640.73 Kidders 42.00 Fla. Telephone Corp. 33.05 Matt Guthrie 6.00 BlueCross/Blue Shield 185.60 IBM 4.20 Lake Apopka Natural Gas 12.25 Florida Telephone Corp. 63.71 Olivenbaum Insurance Co. 925.00 Leesburg Transfer & Storage 54.00 City Water 102.85 Election Board 91.00 Downtown Merchants' Assoc. 75.00 G. E. Griffith 6.50 Madden's Elec. Service 5080 South Lake Press 12.15 George Stuart. Inc. 23.40 Cities Service Oil Co. 500.40 Pounds Motor Company, Inc. 87.30 Pounds Motor Company, Inc. 406.75 Standard Auto Parts, Inc. 118.23 Meeker Garden Supply 9•90 Earle S. Twyford 16.45 Clermont Bldrs. Supply,Inc. 10. 177 D. G. Rambo 00 Jim Willis Hardware & Supply 3.95 Roberts TV 8.50 Herb's Ice House 5.00 Konsler Steel Co. 14.48 State Uniform Service 16.00 Nublix 8.02 nick's Paint & Body Shop 5.95 Central Oil Company, Inc. 180.00 Basic Asphalt Corp. 54.00 G1enMar Electronics 52.25 Haile Dean Seed Co. .Inc. 64.50 Richard H. Langley 25.00 Highway Equip. 156.75 Hilltop Book Nook 25.58 Lanier Systems Company 18.50 Mid Florida Gas Co. 20.02 Watson Grove Service 164.42 Dixie Lime & Stone Co. 105.79 Stalnaker Chev. Co. 8.18 Whirler Glide Mower Co. 67.07 Clermont Hdwe 86.70 Total 5,691.59 WATER DEPARTMENT Fla. Power Corp. $ 432.15 Fla. Telephone Corp. 12.00 Ace Supply 59.25 Chemical Equp. 46.55 Total