09-08-1970 Regular Meeting
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REGULAR MEETING
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A Regular Meeting of the City Council of the City of Clermont was held
in the Council Chambers on Tuesday. September 8. 1970. The meeting
was called to order at 7:52 P. M. 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 were: 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
wr1 tten.
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-zon1ng of the entire City. Mrs. Rudolf
Pre~sch. 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 h1ghe~ 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 appear.d 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 61 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 util1\y companies in the State.
Ci\y 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
attented the Labor Day festivities at the local Jaycee Beach.
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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 Manageri From Hr. 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 Easti From
Attorney GenerilEarl 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 application had been made
to the Supreme .Court of the United States to stay enforcement of 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 pu m ping 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 Ci\y 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 pos ted.
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.
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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: COD)roller:
$3458.00; Attorney: $2100.00; Auditorium Supervisor: $2350.00. The
motion carried with Councilman Oswalt abstaining.
The meeting was adjourned by Mayor Smith.
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