11-10-1970 Regular Meeting
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REGULAR MEETING
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695
A Regular Meeting of the City Council of the City of Clermont was
held in the Council Chambers on Tuesday. November 10. 1970. The
meeting was called to order at 7:30 P. M. by Ml10r Don E. Smith
with all members present. Other officials present were: City
Manager Johnson. City Controller Fleming. City Clerk Carroll.
Citr Attorney Langley and Chief of Police Tyndal. Others present
were: The Misses Janice Hoskinson and Debbie Shewey and the
Messrs: Jeffrey Ladd. Neil Lofgren. Henry Czech. Charles Beals and
Pat Kelley. Representatives of the local Press were also present.
The Invocation was given by City Attorney Langley.
The Minutes of the Regular Meeting held on October 27. 1970 and the
Special Meeting held on November 3. 1970 were approved as written.
Mayor Smith announced that the first order of business was ft Pullic
Hearing regarding the application of Jeff~ey Ladd wherein he
requested a variance of the rear and side yard set back requirements
on the North ~. of Lots 1 and 3 in City Block 50. in order to construct
a swimming pool. Mayor Smith further announced that in addition to
the request for a variance. it was necessary that the Council consider
whther or not it be permissible for a tree located on street right-
of WI1 abutting this property to be removed inasmuch as Mr. Ladd had
advised it would be necessary to remove the tree in order to construct
the pool.
Councilman Bratton and Oswalt opposed the remOVing of the tree.
Council.an Cochran advised that he had not investigated and/or studied the
request and therefore could not consider the matter at this time.
In order that the Council .'ght investigate and stu~ the matter more
thoroughly. Mayor Smith deferred any action on the request and
continued the Public Hearing until Tuesdl1. November 24. 1970.
City Controller Fleming advised as follows: that the books of the
City had been closed for the fiscal year ending October 31. 1970
and were rea~ for the Auditors: That earnest money in the amount of
$1.000.00 had been paid to William E. Lee. Agent. as a deposit on
the Guthrie/ Barnard option.
Citr Attorney Langley recommended that a brief title search on each
of the properties remaining on which the C1tr had failed to get an
easement for the sewer line construction be obtained before proceeding
with the condemnation suits. and that it would be an approximate cost
of $20.00 each for the rea.'ning 20 to 25 easements. Motion was made
by Councilman Oswalt. seconded by Councilman VanderMeer and carried
that the City Attorney's recommendation be accepted and he be
instructed to proceed.
Citr Attorney Langley further advised the Council that it would be
necessary to disburse the necessary money for .order of taking. to the
Clerk of the Court prior to any condemnation suits being filed. such
sum to be equal to the appraised value of the properties on which
condemnation suits would be filed. Motion was made by Councilman
VanderMeer. seconded by Councilman Cochran and carried that the
Controller be authorized to disburse these funds from the Sewer
Construction Fund.
Councilman VanderMeer reported he had observed junk cars on Highway
50 between 4th and 5th Streets. It was also reported there were junk
cars located on street rightOofOwl1 near the vicinity of 10th and
Juniata Streets and on private property in this same ViCinity owned
by the Williams and Wr1ghtam Garage. These matters were referred
to the City Manager.
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Councilman Oswalt reported on a recent trip made to Cocoa Beach by
himself. Councilman Bratton and Mayor Smith at the invitation of the
City Manager and the Assistant City Manager of Cocoa Beach to observe
and tour their sewerage treatment plant. and felt the trip had been
very educational and beneficial to them.
City Clerk Carroll read a letter of communication from Frank E. Owens.
County Clerk. wherein permission was granted for the use of voting
.ach1nes in the General Elect1o~ to be held on December 1st. and. if
necessary. a run-off election on December 15th.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER
THE CO~E OF ORDINANCES OF THE CITY OF CLERMONT. LAKE COUNTY. FLORIDA.
PROVIDING FOR THE CLOSING OF ALL THAT PART OF A CERTAIN UNNAMED ALLEY
IN FORTY PINES SUBDIVISION WHICH LIES SOUTH OF LOTS 9. 10. 11 and 12.
The motion was seconded by Councilman Bratton and the ORDINANCE was read
in full for a second and final reading. Upon roll call vote on passage
of the motion the result was: Ayes: Oswalt. Cochran and Bratton. Total
Ayes: Three. Abstaining: VanderMeer. So the ORDINANCE was passed. the
Number 28-M assigned to it and a copy ordered posted.
City Attorney Langley reported that inasmuch as there had been quite
a time lapse neceSSitating certain changes to be made to coincide with
the present date. that RESOLUTION No. 158 AUTHORIZING THE ISSUANCE OF
NOT EXCEEDING $800.000.00 SANITARY SEWERAGE IMPROVEMENT CERTIFICATES OF
THE CITY OF CLERMONT. FLORIDA: PROVIDING FOR THE RIGHTS OF THE HOLDERS
THEREOF: AND PLEDGING FOR THE PAYMENT THEREOF THE PROCEEDS FROM SPECIAL
ASSESSMENTS as adopted at the meeting held on December 23. 1969, be
rescinded by Title only. the necessary changes be made and the RESOLUTION
be offered anew for adoption. Motion was made by CODlc11man Oswalt.
seconded by Councilman VanderMeer that this action be taken, however.
upon being advised by City Attorney Langley that the Resolution would not
be effective until after the final contract on the sewer construction
had been let. they withdrew their motion and no action was taken at this
time.
Motion was made by Councilman Coch~an. seconded by Councilman Oswalt
and carried that the bills be paid. A copy is attached hereto.
Motion was made by Councilman Oswalt. seconded by Councilman Cochran
and carried that the follOWing listed persons be authorized to serve as
the Election Board of the General Election to be held on December 1. 1970.
and. if any named should be unable to serve. that the Citl Clerk be
authorized to appoint a replacement.
Clerk: John Sanger
Inspectors: Mrs. W. B. Ream
Mrs. Goldie Wilson
Mrs. Blanche Hanks
Mrs. Marion Fleming
Mr. J. L. Drees
Officer of the Day: A. B. Broyles
Mayor Smith submitted a request from the Senior Class of Clermont High
School sponsored by Mr. Neil Lofgren. SuperViSing PrinCipal. to hold
the annual Homecoming Dance in Jenkins Auditorium on November 20. 1970.
Motion was made by Councilman VanderMeer. seconded by Councilman Oswalt
and carried that this request be granted prOVided that all necessary
rules and regulations as set forth for use of the Auditorium for dances
are met.
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A General discussion followed with regards Conditional Use P~rm1ts as
granted in the County and it was consensus of the Council that
Councilman VaaderMeer obtain sample copies of the County's rules and
regulations with regards conditional use permits for each of the
Councilmen to study. Councilman VanderMeer suggested workshop sessions'
of the Council to review the current zoning CODe and map and advised
that the services of the County Zoning Director could be helpful and
could be obtained for a nominal fee. He further advised that he felt
the County Zoning Director held a more practicable or workable approach
toward Zoning than the idealistic approach as submitted by Adley and
Associates for Clermont. Councilman VanderMeer was requested to
contact the County Zoning Director with regards meeting with the Council
.and an approximate cost for same.
Mayor Smith announced that he had called a Special Meeting of the Council
for Monday. November 16. 1970 at 5:01 P. M. in the office of the City
Clerk for the purpose of'author1zing the Ballot for the General Election
to be held on December 1. 1970.
The Meeting was adjourned by Mayor Smith.
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