11-13-1979 Regular Meeting
e
.
e
e
CITY OF CLERMONT
MINUTES
REGULAR MEET! NG
A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers
on Tuesday, November 13, 1979. The meeting was called to order at 7:30 P.M. by Mayor Claude
E. Smoak,Jr., with the following members present: Councilmen Meginley, Byrd, Schroedel, and
Cole. Other officials present were: City Manager Forbes, City Attorney Baird, City Clerk
Carroll, and Public Works Director Smythe. Others present were: Miss Susan Thomas; Mesdames
Thomas, Boone, Smoak; Mr. and Mrs, Bob Wertz. Mr. and Mrs. David Coggshall, Mr. and Mrs. Ray
Wood, Mr. and Mrs. Bob Ray, Mr. and Mrs. Ralph Roane, Mr. and Mrs~ Dave Lofgren, Mr. and Mrs.
Will iam Delaney, Mr. and Mrs. William Sullivan, Mr. and Mrs. Ira Ayers, Mr. and Mrs. George
Roberts; and, the Messrs. Weaver, Springstead, Shepard, Law, Thomas, Sargent, Hohler, Searles,
Post, Giachetti, Jones, Watson, Sullivan, Sampson, Horton, Runnels, Johnson, and Evans.
The invocation was offered by Councilman Byrd, followed by repeating of the Pledge of Allegiance
in unison by those present.
The Minutes of the Regular Meeting held October 23, 1979 were approved as written.
Mayor Smoak recognized the several candidates for the December 4th General Election who were
present, and they in turn introduced themselves and stated the group seats which they were
seeking as follows: Messrs. Gerald Shepard, Chris Giachetti, and the incumbent, Jim Meginley,
in Group I; Messrs, Ray Wood, Rufus Sullivan, and the incumbent, Lester Cole, in Group I I;
and, Mr. Dennis Thomas and the incumbent, George Schroedel, in Group IV.
VARIANCE REQUEST: DR. THOMAS WEAVER
Council, sitting as a Board of Adjustment, continued the Public Hearing to consider the
request of Dr. Thomas D. Weaver for multiple variances to the zoning ordinance in order
to place four single family dwellings as rental units on his property described as:
Lots 8 and 9,
Block 5
Sunnyside Unit Subdivision,
such Hearing having been postponed at the October 23rd Regular Meeting pending a
written legal opinion by the City Attorney as to the legality of Council action on the
request as proposed. City Attorney Baird submitted his opinion wherein he advised of
no legal impediment to the granting of a variance to the provision which only allows
1 building for each lot, assuming that a sufficient hardship can be shown, but that
careful consideration should be given to possibly setting a precedent in allowing a
variance to Section 26-15 which specifically states that only one principal residential
building may be erected on one lot. He further advised that no provision currently
exists in the ordinances to allow for the separation of a multiple-family dwelling.
City Manager Forbes advised of a revised plan submitted by Dr. Weaver this date, wherein
he proposed only 3 single family dwelling units on the property which would require
lot area, side yard, and lot frontage variances. Dr. Weaver appeared before Council
in support of his request and reiterated his previous statement that existing ordinances
would allow him to construct a complex of this type under a single roof, but in order to
preserve the existing beauty of the site which includes many large trees, such con-
stuction would not be possible without the loss of many of the trees, and the cost for
such construction would be too exhorbitant to be practical at a reasonable rental fee.
There was no one else present who desired to address the matter. It was the consensus
of Council that a unique hardship on the property does not exist that is not shared by
abutting properties which have been developed, and that the existing ordinance is
explicit in allowing only 1 single family unit per lot. Motion was thereupon made by
Councilman Schroedel, seconded by Councilman Meginley and unanimously carried that the
request be denied. Inasmuch as the proposal of Dr. Weaver appeared to be of a cluster
concept development, and no provision for such is included in existing ordinances, it
was the suggestion of Mayor Smoak that such matter be referred to the P & Z Commission
for address and review of existing ordinances, and recommendations back to Council.
Motion was made by Councilman Byrd, seconded by Councilman Meginley and unanimously
carried that the Mayor's suggestion be accepted and the matter be referred to the
P & Z Commission.
VARIANCE REQUEST: GEORGE D. ROBERTS
Council, sitting as a Board of Adjustment, considered a request by Mr. George D.
Roberts for a variance to Article V, Section 26-12 (APPLICATION OF REGULATIONS-LOT
SIZE AND OCCUPANCY) of the Zoning Ordinance in order to construct an additional
residence on his property described as:
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEETING
Lots 18 and 20,
Block 107,
Indian Hills Subdivision
(1090 Seminole Street).
City Manager Forbes advised that Mr. Roberts presently resides at 1090 Seminole
Street on the above described property, and that he desired to divide his property in
order to construct a new residence which would reduce the size of the lot on which the
existing residence is located to that of a non-conforming status in that a zero lot
line from the 715 required and a 20'5 rear yard from the 25' required would exist.
Mr. Roberts appeared before Council in support of his request, and advised that due to
the age of his present home, it would be too expensive and impractical to remodel, and
that the proposed new construction would meet all zoning requirements. There was no
one else present who desired to address the matter. City Clerk Carroll read communi-
cations from Messrs. George Geiger, J.R. Peacock, and David Coggshall, abutting property
owners, wherein they expressed oppostion to the request, opining that such permission
would alter the essential character of the neighborhood; That the general situation
regarding rear lot lines is neither unique or exceptional; and, That to grant such a
request would be setting a precedent for future requests. Council was in agreement
that an unique hardship to the property had not been established, whereupon motion
was made by Councilman Cole, seconded by Councilman Meginley and unanimously carried
that the request be denied.
VARIANCE REQUEST: WILLIAM DELANEY
Council, sitting as a Board of Adjustment, considered a request by Mr. William Delaney
for a Variance to Section 26-22 (C) (2) (R2 MEDIUM DENSITY RESIDENTIAL DISTRICT-LOT
WIDTH REQUIREMENTS AT BUILDING SETBACK LINE FOR DUPLEXES) of the zoning Ordinance in
order to construct two duplexes on his property described as:
Lots 15, 16, 17,
Lettered Block Q
(200 Block of East Highland Avenue)
City Manager Forbes advised that the total land area consisted of4968 square feet in
excess of the required square footage for two duplexes, but that a lot width variance
from 1001 required to 79' and 751 respectively would be necessary. Mr. Delaney
appeared before Council in support of his request, and advised that the only public
street access to his property is from East Highland Avenue due to the State Road 50
drainage construction along the unopened Hibiscus Street abutting his property to the
West, and the DOT'S water retention area abutting the rear of the property, but that the
total land area is of sufficient size to accomodate the desired 2 duplexes Following
inquiry from the Chair as to anyone else present who desired to address the matter,
Mr. Will iam Hohler, the immediate property owner to the West, also abutting on the
unopened Hibiscus Street, advised Council that he had no objection to the request.
Motion was then made by Councilman Byrd, seconded by Councilman Cole and unanimously
carried that the request be granted.
VARIANCE REQUEST: LEWIS K. RUNNELS dba PELICAN mIL COMPANY
Council, sitting as a Board of Adjustment, considered the request of Mr. Lewis K.Runnels
for a variance to Section 26-24 (E) (1) (C1 NEIGHBORHOOD COMMERCIAL DISTRICT-SETBACKS
FROM STATE ROAD 50) of the Zoning Ordinance in order to construct an addition to an
existing building on his property described as:
Lots 8, 9, and 10,
City Block 72
(677 W. Highway 50)
Mr. Harry Runnels, representing Mr. Lewis K. Runnels, appeared before Council in support
of the request, and advised that the existing building is a non-conforming building
inasmuch as it now maintains a setback of only 34'811, and in order to maintain the
building as a viable economic unit, they desire to further penetrate the setback line
an additional '12' in order to construct an addition for a more complete offering of
convenience merchandise. Councilman Meginley inquired of the possibility for the pro-
posed addition to be constructed on other sides of the building, and Mr. Runnels advised
this would be economically unfeasible due to locations of restrooms and a complex
electrical wiring system which would have to be completely renovated at a prohibitive
cost. Councilman Meginley opined that an unique hardship to the property had not been
establ ished, and further, to grant such request would be to allow a setback from State
Road 50 of less than one-half of that required, and he thereupon moved that the request
be denied. The motion was seconded by Councilman Schroedel. Mayor Smoak opined that
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEET I NG
the zoning ordinance should be followed when an unique hardship to the property is not
established, and further, should a commercial structure be constructed on the immediate
property to the east, which would be required to maintain the 50' setback from the
highway, it would create an economic disadvantage to that property if this request were
granted. There was no one else present who desired to address the matter, and upon a
call from the Chair for a vote, the motion was unanimously carried that the request be
denied.
VARIANCE REQUEST: MR. AND MRS. IRA AYERS
Council, sitting as a Board of Adjustment, considered the request of Mr. and Mrs. Ira
Ayers for a Variance to Section 26-23 (C) (1) (2) (R3 RESIDENTIAL PROFESSIONAL DISTRICT-
LOT SIZE AND LOT WIDTH GENERAL REQUIREMENTS) of the Zoning Ordinance in order to alter
their existing home on their property described as:
S 1/2 of Lot 12,
All of Lot 11,
City Block 95
(658 West Avenue)
to accomodate 2 retiree apartments wherein a lot width variance from 100' required to
75', and a lot area variance from 10,000 square feet required to 9375' would be
necessary. Mrs. Ayers appeared before the Council in support of the request, and
advised that the house is too large for a single family; That it was purchased with the
intention of making alterations to accomodate two families; That the proposed alter-
ations would be entirely interior; That the building is located on a corner lot with
outside entrances on two streets; and, That ample parking space to accomodate two
families is available. There was no one else present who desired to address the matter.
City Clerk Carroll advised of a telephone communication from Mrs. Beulah Ferguson, the
immediate property owner to the North, who voiced no objection to the request. Council-
man Byrd opined that a genuine hardship existed on the property due to its corner lo-
cation inasmuch as the lot width requirement could be met on Montrose St., but which
would then create a non-conformance in the front yard setback, and he thereupon moved
that the request for a variance in the lot width and lot area requirements be granted.
The motion was seconded by Councilman Schroedel and unanimously carried.
CUP REQUEST: BLESSED SACRAMENT CATHOLIC CHURCH
Council considered a request by officials of the Blessed Sacrament Church for a Con-
ditional Use Permit in order to Construct an educational building consisting of eight
rooms for Sunday School classes on their property located at 720 12th Street. Mayor
Smoak advised that the P & Z Commission, meeting in regular session on November 6th, had
unanimously voted to recommend that the request be granted subject to the following
conditions:
That all applicable regulations and
That the use not be expanded except
That all conditions be met prior to
Certificate of Occupancy.
Mrs. Frances Boone, representative of the Church, appeared before Council in support of
the request, and advised that the proposed building would be in compliance with all
applicable City Codes. Councilman Meginley expressed concern for safety factors in that
the vehicular and pedestrian traffic would be located in the same general area, to which
Mrs. Boone advised of no existing problems, and the proposed structure would not create
additional traffic or parking. There was no one else present who desired to address
the matter. Motion was made by Councilman Schroedel, seconded by Councilman Cole and
unanimously carried that the recommendations of the P & Z Commission be accepted, and
the necessary Resolution for granting of the CUP be prepared for presentation at the
next regular meeting.
(1)
(2)
(3)
ordinances be met;
with a CUP; and,
the issuance of a
CONTRIBUTION
City Manager Forbes advised of a $150 contribution from the Clermont Kiwanis Club to be
used for the purchase of two additional table carts for the Jenkins Auditorium.
ANNUAL REPORT
City Manager Forbes subnitted copies of the City's Annual Report to Council, and in-
quired of their desire to purchase advertising space in the local PRESS at a maximum
cost of $180 to publish a condensed version. It was the consensus of Council that this
not be done inasmuch as the report is in reproducible form and copies are available at
City Hall.
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEETING
UTILITY DEPARTMENT CAPITAL OUTLAY
City Manager Forbes advised of 79-80 budgeted funds for the purchase of a 1980 1/2 ton
pickup truck to replace an existing 1972 model, and recommended that such purchase
be authorized at the State specification price of $5,502.37. Motion was made by CouncIl-
man Byrd, seconded by Councilman Cole and unanimously carried that the Manager's
recommendation be accepted.
City Manager Forbes further advised of 79-80 budgeted funds for the purchase of a flow
meter for the return sludge line at the Sewage Treatment Plant to increase plant
efficiency and monitor performance, and one to be installed on the plant's influent
line to more accurately reflect plant load, and he recommended that authorization be
granted to purchase the meters at a cost of $1682 each. Motion was made by Councilman
Cole, seconded by Councilman Byrd and unanimously carried that the City Manager's
recommendation be accepted.
COOPER MEMORIAL LIBRARY
Mayor Smoak advised of a communication from Mrs. Alice Tilden, President of the Library
Board, wherein she advised of the Board's inability to receive, at this time, any
funding from the cities of Minneola and Groveland as such funds had not been included
in their individual budgets for this fiscal year. It was the opinion of Councilmen
Byrd and Schroedel that the Library Board would seek all possible means of insuring
funding from these two cities in the next fiscal year. Mayor Smoak requested that the
City Manager communicate to the Library Board regarding Council's previous recommend-
ation that the fee structure for out-of-town residents be reviewed, and, to request a
review of City Council representation on the Board with a voting voice inasmuch as the
majority of funding is provided by the City of Clermont.
(Amended 12-11-79 Regular Meeting)
BISHOP FIELD
Mayor Smoak advised of a request from the VFW for use of Bishop Field for a Horse Show.
It was the consensus of Council that this matter be tabled until the next Regular
Meeting in order that a representative of the VFW might appear before Council to present
a detailed proposal for their use of the Field.
LAKE COUNTY POLLUTION CONTROL BOARD MEETING
Councilman Byrd advised of a recent meeting of the LCPCB to which he, Mayor Smoak, and
City Manager Forbes had attended, at which time the Board had briefly discussed the
executive summary of the recently completed marshland study as to the proposed appli-
cation and implementation of same, but had not had the opportunity as yet to review
the report in its entirety; and, That a 60 day extension of the City's temporary
operating permit for the Wastewater Treatment Plant had been granted.
OKLAWAHA BASIN BOARD
Councilman Meginley advised of a Public Hearing to be held by the Oklawaha Basin
Board in the Lake County Agricultural Building on November 28th at 1:30 P.M. to begin
discussions relative to determining the various water levels in South Lake County.
RECREATIONAL FACILITIES
Councilman Meginley inquired as to the status of the proposed recreational facilities
in the Lincoln Park area, and the re-surfacing of the Kehlor Park tennis courts. City
Manager Forbes advised that construction of the facilities in Lincoln Park are tent-
atively scheduled to begin within the next month, but that a starting date for re-
surfacing of the tennis courts had not been set as yet.
BROOME STREET IMPROVEMENT
Councilman Schroedel inquired as to the status of the proposed Broome Street improvement
between 4th and 5th Streets, and City Manager Forbes advised that preliminary plans
were now being reviewed by the City Staff for submission to Council for their con-
sideration at a later date. Councilman Schroedel further advised of his observation of
considerable trash and debris in this area, and inquired if it could be removed by the
City due to possible health and safety factors involved. This matter was referred to
the City Manager.
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEETING
MARSHLAND STUDY
City Clerk Carroll read a communication from Dr. John Zoltek of the University of
Florida wherein he transmitted copies of both the Final Report and an Executive
Summary of the recently completed Marshland Study, and advised that the contractural
agreement between the University and the City of Clermont had been fulfilled. Dr.
Zoltek further expressed his appreciation for the generous assistance rendered to him
and members of his staff by the City of Clermont and its employees.
WATER QUALITY STUDY
City Clerk Carroll read a communication from Richard W. Waters, City Manager of the
City of Minneola, wherein he advised, with regrets, that the City of Minneola would
be unable to assist in the funding of the water purification study of South Lake
County due to budget limitations, but expressed hope that the City would be in a
better financial condition to support the study in the next fiscal year.
WATER SYSTEM IMPROVEMENTS
City Engineer Springstead appeared before Council to submit a complete Water Master
Plan for improvement of the City's entire water system. He briefly reviewed the Plan,
advising that it consists of Five Phases of Development at an estimated cost in 111979
Dollarsll of in excess of two million dollars; That the report contains sufficient
data and statistics to conclude that the water system is badly in need of upgrading,
with an immediate need for additional supply and transmission facilities which is very
evident during dry periods; and, That Phases 1 and 2 at an estimated cost of $496,137
and $540,291 respectively, should be instigated simultaneously, with the remaining
Phases to be scheduled as soon as financially possible. It was the suggestion of Mr.
Springstead that, due to the length and complexity of the report, that Council take
sufficient time to peruse it prior to an in-depth review in a work meeting at a later
date, which he felt would be more productive at that time. Council was in agreement
with the suggestion, and Mayor Smoak called a work meeting of Council to be held in the
Council Chambers on Tuesday, November 20th at 7:30 P. M. to review the report in its
entirety, and to review also the recently completed Marshland Study. Mayor Smoak re-
quested that copies of the report be made available at City Hall for public inspection
by any interested person. City Manager Forbes inquired of Council action as to the
request by Mr. Springstead for approval to invoice the City for computer services
utilized to do a complete network analysis of the water distribution system, which
was approximately $3750 in excess of the contractural agreement. Mayor Smoak expressed
full confidence in services as extended by the City Engineers, and opined that the
purpose of exceeding the contractual agreement amount was to use computer time to define,
and to better design, a system for this community, and he would therefore be in agree-
ment to grant the request. Motion was made by Councilman Cole, seconded by Councilman
Schroedel and carried that the request be granted. Councilman Meginley voted in the
negative on passage of the motion.
EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Councilman Byrd offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT,
FLORIDA ESTABLISHING MEMBERSHIP OF THE CITY OF CLERMONT IN THE EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL, and the motion was seconded by councilman Cole and unanim-
ously carried. The RESOLUTION was thereby adopted, it was read by City Clerk Carroll
by title only, and the Number 341 assigned to it.
Mayor Smoak rescinded an appointment made by him at the previous Regular Meeting, to
which all Council had not been present, for a member-at-large to serve on the ECFRPC
in order that Council might submit other nominees for consideration in addition to that
of Mr. Nick Jones, which he desired to present. There were no other nominees submitted,
and Mayor Smoak thereupon appointed Mr. Jones to serve in that capacity.
Mayor Smoak advised of the necessity for appointment of a member of Council to serve as
the second member on the Planning Council, and inquired as to whom would be able and
willing to accept the appointment. Councilman Byrd agreed to serve, and motion was there-
upon made by Counc i 1 man Co 1 e, seconded by Counc i 1 man Schroede 1 and carr i ed tha t ~he-beu
so appointed.
e
.
.
e
CITY OF CLERMONT
MINUTES
REGULAR MEET! NG
LIABILITY INSURANCE
Mayor Smoak reminded Council of a previous report and communication from City Manager
Forbes regarding the City's liability insurance and the limits of sovereign immunity
which had not been considered by Council at that time due to the City Manager being out
of town, and he inquired of any objection by Council to having the matter placed on the
agenda for the next regular meeting. There was no objection offered, and the Clerk was
instructed to place it on the next agenda. Mayor Smoak urged that each member review
the communication in-depth prior to consideration of the matter.
CHRISTMAS PARADE
Mayor Smoak advised that excellent reception had been given todate for' participation
in the Christmas Parade to be held on December 15th, as in excess of 100 units had com-
mitted to appear. He further requested, if there be no objection from council, that
the budgeted funds for the City's participation, be forwarded to the proper persons.
There was no objection offered.
(Amended 12-11-79 Regular Meeting)
') -~ Ci
? - (
f) /)
tic!
RESOLUTIONS/ORDINANCES
City Manager Forbes advised of the proposed re-paving of Highway 561 through the City
by the DOT, and a requirement by them that any utility relocation or adjustments must
be performed by the City. Councilman Byrd thereupon offered and moved the adoption of
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT,
CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE R-O-W LIMITS OF STATE ROAD 561,
and the motion was seconded by Councilman Cole and unanimously carried. The
Resolution was adopted, it was read by City Clerk Carroll by title only, and the
Number 339 assigned to it.
? L! L-
)1 JY .
(U
City Manager Forbes advised of a request by DOT for permission to install pavement
markings and advance warning signs at rai l/highway crossings in the City which would
allow them to upgrade the sites to insure that they meet the manual on Uniform
Traffic Control Devices. Councilman Cole offered and moved the adoption of A
RESOLUTION OF THE CITY OF CLERMONT CONFIRMING A MAINTENANCE AGREEMENT FOR A PROJECT
TO INSTALL RAIL/HIGHWAY GRADE CROSSING PAVEMENT MARKINGS AND SIGNS, AND AUTHORIZING
THE MAYOR OF THE CITY TO EXECUTE THE AGREEMENT PERTAINING THERETO WITH THE STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, and the motion was seconded by Councilman
Meginley and unanimously carried. The Resolution was adopted, it was read by City
Clerk Carrol I by title only, and the Number 340 assigned to it.
Councilman Meginley introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, CLOSING AND PERMANENTLY ABANDONING A PORTION OF AN UNNAMED STREET ON
THE NORTH BOUNDARY OF HILLCREST SUBDIVISION, and the Ordinance was read in its
entirety for a first reading by City Clerk Carroll. Councilman Cole, who was not
present at the previous meeting at which time the Ordinance was authorized to be
prepared, inquired as to the ownership of the property in question, whether it be
Guage, Inc. or the City, and questioned the reasoning as to why the City should
abandon the property to Guage, Inc. for a private beach, if, in fact, it is owned
by the City. Attorney Dennis Horton, representative of Guage, Inc., appeared
before Council to reiterate his statement of the previous meeting at which time
he had requested that Council re-consider closing the property in question based
on the fact that, since their initial appearance before Council at which time they
had assumed the property had been dedicated and accepted by the City as a street,
they had conducted a thorough search on the chain of title on the property which
revealed there was never a deed from any property owner on the property to the
City; That the only time it ever appeared was on a city map of 1926 that had been
drawn in by an Engineer in Virginia; and, That a map of 1884 of the City did not
reveal that this property existed as a street, but rather as privately owned property
up to the water1s edge. Inasmuch as the City Attorney had previously rendered an
adverse opinion to that of Mr. Horton, he was asked to respond, and he advised
of his position that the street as it exists on the city map, will continue to be a
street until such time as the Court makes a determination that it is not a street;
That sufficient case law exists in Florida that dedication of a street is not com-
pletely necessary in al I instances for a portion of land to become a street; and,
That it is his recommendation to Council that the City continue to view this property
e
.
.
e
CITY OF CLERMONT
MINUTES
as a street, as it is recorded on the official map of the City of Clermont, until
a Court clarifies the matter or the Council chooses to close the street. Mayor
Smoak inquired of City Attorney Baird as to the allowable use of the property by
the City, and he responded that the City is restricted to use of the property only
as a street or for the installation of public utilities. Councilman Byrd
inquired of City Attorney Baird as to if, in fact, the City Counci 1 at the
previous meeting had made any determination whatsoever, or whether somebody had
expressed an opinion that finally reduced itself to writing and was the basis for
a motion that was adopted to have the proposed Ordinance prepared to reverse an
action taken by Council at a previous meeting, which was reflected in the Minutes
of the October 23rd meeting, but from which he could find no indication that facts
were found nor a motion made prior to the motion to rescind the previous Counci I
action. City Attorney Baird adivsed that the reason those words are in the Minutes
is that, in order to close a street, the Council must make certain findings; That
those questions were considered at the last meeting; That a motion was made to
prepare an Ordinance to close the street based upon those questions which were
discussed; and, That by approving the motion to have the Ordinance prepared, the
matter was placed in Ordinance form for later approval or rejection. Councilman
Byrd thereupon advised that the point he desired to make was that the facts, as
were stated in the Minutes as facts, were not necessari ly facts at all, but were
rather inserted in the Minutes as a post-script to support the motion that had
been adopted by the Council, and the City Attorney responded in the affirmative.
Councilman Schroedel advised that he had been in opposition to closing of the
street when it was initially requested, but following the determination that the
property could only be uti lized as a street and/or public uti lities, he did not
now feel that it would be an asset to the City and would be in favor of having it
closed. Councilman Byrd opined that the matter had been thoroughly discussed
during the October 23rd meeting at which time he felt that no need existed for
the City to abandon the property; That his opinion had not changed since that time;
That the City still has an interest in the property; That it has been public
property since 1926, a 50 year period that it has been claimed by the City; That
the property owner has recognized that the City has a claim to it, else a request
for abandonment would not have been made; and, That he would applaud the City
Attorneyls legal opinion that it is owned by the City, and could see no reason for
giving it away. Mayor Smoak expressed concern regarding 1 iabil ity on the part
of the City, following the opinion of the City Attorney that use of the property
is restricted to street and/or uti lity purposes inasmuch as the objection submitted
in not closing the street at the initial hearing was not because of the future use
for the City, but because of a current use as a recreational facility, and he felt
that Council IS action at that time had condoned and encouraged the continued use
of the property as a recreational facility.
Councilman Byrd introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF rHE PLANNING AND
ZONING COMMISSION FOR THE CITY OF CLERMONT, and the Ordinance was read in its
entirety by City Clerk Carroll. Councilman B rd moved to amend the proposed
Ordinance by making a change in Section 2. Qual ifications for Membership, sub-
paragraph 2,) by deletion of the following:
liThe City Council may appoint no more than two (2) members who are not
reg i stered e I ectorsll.
The motion was seconded by Counci lman Cole and unanimously carried. It was the
suggestion of Mayor Smoak that Counci I consider an amendment to Section 7, (A) (Voting)
wherein it requires that a vote be registered for each member inasmuch as such
procedure is burdensome, and is not now practiced by the p&Z Commission. Motion was
thereupon made by Councilman Byrd, seconded by Councilman Schroedel and unanimously
carried that the aforementioned section be amended as follows:
"At all meetings of the P&Z Commission, each member shall be entitled
to one vote, at which time a vOice vote WI I I be taken unless a request
I s made tor a ro I I ca II vote".
Counci lman Schroedel introduced AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A
CLERMONT CLEAN COMMUNITY COMMISSION FOR THE PURPOSE OF ASSISTING THE CITY COUNCIL
IN ESTABLISHING POLICIES FOR REFUSE MANAGEMENT, and the Ordinance was read for a
first reading by City Clerk Carroll, by title only.
e
.
.
e
CITY OF CLERMONT
MINUTES
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT AMENDING CHAPTER 6, CEMETERIES, SECTION 6-9, TRUST FUND; and the
Ordinance was read for a first reading by City Clerk, by title only.
SPECIAL MEETINGS
Mayor Smoak called a Special Meeting of the City Council to be held in the office
of the City Manager on Monday, December 3rd at 5:05 P.M. to prepare the Ballot
Box for the General Election to be held on December 4th, and, A Special Meeting to
be held on December 5th in the office of the City Manager at 9:00 P.M. to certify the
CERTIFICATE OF RESULT of the December 4th General Election.
There being no further business to be brought before the Council at this time, the meeting
was adjourned by Mayor Smoak at 10:35 P.M.
1Q~4" ) L {q~~,
DOLORES W. CARROLL - City lerk
&~~hS,f)-
CLAUDE E. SMOAK, JR. - Mayor