05-11-1971 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, May 11, 1971. The meeting
was called to order at 7:30 P. M. by Mayor Don E. Smith with the
following members present: Councilwoman Watson and Councilmen
VanderMeer, Cochran and Beals. Other officials present were:
City Manager Hopkins, City Attorney Langley, City Clerk Carroll~ City
Controller Fleming and Chief of Police Tyndal. Others Dresent were:
Miss Mary Siderits, Mrs. Richard Langley and the Messrs. Henry Czech,
E. L. Schumann, C. A. Mangold, Emil Siderits, William Symonds,
Don Ware, George E. Hovis, Paul West and Howard Young. Representatives
.of the Orlando Sentinel and the local Press were also present.
The Invocation was given by Councilman Beals.
The Minutes of the Meeting held on April 27, 1971 were approved as
written.
Mayor Smith announced a Public Hearing and the Council would now sit
as a Board of Adjustment to consider the petition of Ralph Graham wherein
he requested a variance in front yard setback requirements in an R1A
Zone. Mr. Graham.s request was for a reduction from the required
35 foot setback to a 23 foot setback in order to construct an addition
to the existing residence located at 1721 Penzance Road (Lots. 8-9-10,
Block 2 of Riviera Heights Subdivision).advising that the existing
building now lies at 29 feet back, which was constructed before passage
of the Zoning Ordinance. Council was further advised that the owners
of the abutting property (Lots 7-11-12 of Block 2, Riviera Heights
Subdivision) were in agreement with the request and there was no one
present who voiced Objection to the request. In view of the request
as presented, motion was made by Councilman Beals, seconded by Councilman
Cochran and carried that the request for variance by Ralph Graham
be granted.
Mayor Smith announced a Public Hearing and the Council would now sit
as a Board of Adjustment to consider the petition of Southern Signs
for a variance in size requirements of Ground Signs and Billboards,
from the maximum of 300 square feet as allowed, to a sign 10. x 4n.
consisting of 400 square feet. It was consensus of Council that
an enforcement of the Zoning Ordinance as pertains to signs would not
constitute an unnecessary hardship to the petitioner, whereupon motion
was made by Councilman Beals, seconded by Councilman VanderMeer and
carried, that the request of Southern Signs be denied.
Mr. Howard Young appeared before Council making certain requests with
regards a plan for the clearing out of Sparkiing Water Lake. Mr. Young
advised Council that it was consensus of the Conservation Committee of
the Kiwanis Club and the Waterways Club that a need existed for the
clearing of numerous lakes in this area, and that they had conceived a
Sparkling Water Lake, but which would only be pOSSible with assistance
from the City. Mr. Young advised their plan was to ~ump the lake water
uphill thru a drainfield of 200. in length and then from process of
percolation drain back into the lake; That they were requesting
financial assistance from the City up to $500.00 for a six month period,
a pump and non-clog meter capable of pumping 100 gallons per minute
with the pump being connected to power supply paid by the City and the
necessary city crews to install the drainfield, and would like to
start the project as soon as possible. Upon inquiry to the City
Manager, Council was advised it would be necessary for him to check with
the Director of Public Works as to availability of a pump and meter
and schedule of the city work crews, etc. Councilman Beals suggested
that City Manager Hopkins also meet with members of the Kiwanis
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Conservation Committee for their thoughts on the project. This matter
was then referred to the City Manager and he was requested to report
back to the Council before any action is taken.
Mr. Sam Mazzotta of the Lake County Planning Department ap~eared
before Council to answer any questions which they might have regarding
~he Department.s request to the City for financial assistance in.
developing a countywide pollution abatement program. Based on a per
capita basis, their request was assistance in the amount of $19nq.42
from Clermont. with the understanding that a portion or possibly all
would be returned to the City if private industry, wh1ch had also
been so11c1ted, came through with the necessary funds. Motion was
made by Councilman Beals and seconded by Councilman VanderMeer that
funds in the amount of $1909.42 be allocated from surplus. payable
to the Lake County Planning Department. Upon roll call vote on
passage of the motion. the result was: Ayp.s: VanderMeer. Cochran.
Watson and Beals, Total Ayes: Four. Nayes: Smith. The motion
carried.
Mr. Don Ware, co-proprietor of the Crest Restaurant and Lounge.
appeared before Council and submitted an Ordinan~e to them for their
consideration wherein Section 3-4 of the Code of Ordinances would
be amended providing for the hours of sale of. alcoholic beverages
(for tbose establishments qualifying under~Section 3-4) between the
hours of 12 o.clock midnight on Sunday and 2 o.clock a. m. on ~onday
and every day thereafter from 7 o.clock a. m. till 2 o.clock a. m.
Mayor Smith inquired if any member present wished to introduce the
Ordinance. there being no reply, the matter died for lack of introduction.
City Manager Hopkins submitted his report both orally and written,
and a copy is attached hereto.
With regards request of the City Manager for authorization to submit
grant application to the 4th Regional Planning Council on behalf
of the Clermont Police Department for a new communications system
and related items, motion was made by Councilman Cochran. seconded
by Councilwoman Watson and carried, that this request be granted.
With regards notice from the City Manager of the Pu~lic Hearing to
be held by the Public Service Commission on Wednesday, May 12th. with
regards the Seaboard Coastline Railroad Company.s proposal to dualize
the Clermont and Groveland freight stations. motion was made by
ebuneil~an.'8ea~s. seconded by Councilman VanderMeer and carried that
the City Manager appoint a representative to appear at the hearinq
in opposition to this proposal by the railroad company.
City Controller Fleming submitted a written report on the sewer
construction fund investments and Draw No.1 made by the consulting
engineers. Michaels-Stiggins. Inc.
Mayor Smith reported on the recent trip to New York by himself and
Mr. and Mrs. Langley for the Sewer Bond Validation Meeting, such
trip being made as guests of the Bonding Company. Mayor Smith further
reported on the excellent job which he felt Mr. Hopkins had fulfilled
as City Manager since his employment as City Manager on January 1st.
Councilman Cochran reported on recent articles appearing in the
Lake News Section of the Orlando Sentinel wherein he had been misquoted.
and, a seemingly one-sided report with regards a study desired to
be made of the marsh area lying just west of the city as to its
potential for an Air Park, a bird sanctuary. a marina. etc. Mr. Cochran
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further stated he felt it unfair that a Committee appointed by
Council to investigate the possibility of getting a professional study
made of this area, had not been contacted and afforded an opportunity
to express what ideas they had in mind and desired to have a study
made of. for that area. thereby presenting a full story for publication.
City Attorney Langley reported the apparent misunderstanding of
many persons as to the necessity for creating a ~outh Lake Airport
Authority. and he wished to advise that this action is necessary in
order to present to the FAA a legally recognized entity ~efore that
office will take any action.
Councilman Beals reported he was opposed to recent editorials appearing
in the Lake News Section of the Orlando Sentinel as pertaining to
the Clermont Area and more specifically the recent one which was
highly critical of a fellow Councilman. Mr. Cochran; that he found
Mr. Cochran to be of good and conscientious character and worked
with the betterment of Clermont in mind; That with reference to a
Councilman questioning the spending of Chamber of Commerce funds as
being out of line. he felt any member of the Council to be a proper
person to question such.
Mrr George Dupee advised Council that he had been appointed as liaison
representative from the Chamber of Commerce to the Council and invited
any questions which they might have.
Motion was made by Councilman Beals. seconded by Councilman Cochran
and carried that the bills be paid.
City Clerk Carroll read communications as follows: From Col. Richard
W. Waters wherein he thanked the Mayor and members of the Council
for his appointment as Second MuniCipal Judge; From Lawson L. Wolfe.
President of the Board of Directors of the Chamber of Commerce
wherein he expressed appreciation for cooperation and financial
assistance to the Chamber and expressed hope for a still better relation-
ship in the future. .Mr. Wolfe still further advised that the Chamber
would be able to assume full responSibility of the secretary.s salary
effective November 1. but still continue to be res'onsi~~ for the
booking. collecting and reporting on activities in the Jenkins building.
Councilman VanderMeer introduced AN ORDINANCE ADOPTING THE 1967 SOUTHERN
STANDARD PLUMBING CODE AS AMENDED AND STATING SPECIFIC EXCEPTIONS .
and the Ordinance was read in full for a first reading.
Councilman Beals introduced and moved the adoption of AN EMERGENCY
ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLER~ONT, FLORIDA.
SETTING FORTH THE PROCEDURAL REQUIREMENTS CONCERNING THE CONNECTION
OF PROPERTY OWNERS SEWER SYSTEM TO THE CITY OF CLERMONT SANITARY SEWER
SYSTEM AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF and the motion
was seconded by Councilman Cochran and the ORDINANCE was read in full.
Upon roll call vote on passage of the ORDINANCE the result was: Ayes:
Beals, Watson, Cochran, Smith and VanderMeer. Total Ayes: Five. Nayes:
None. So the Emergency Ordinance was adopted. the ~umber 34-M assigned
to it and a copy ordered posted.
Councilman Cochran introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT. FLORIDA. SETTING FORTH THE PROCEDURAL
REQUIREMENTS CONCERNING THE CONNECTION OF PROPERTY OWNERS SEWER SVSTE~
TO THE CITY OF CLERMONT SANITARV SEWER SYSTEM AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF and the ORDINANCE was read in full for a
first reading.
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City Attorney Langley submitted an opinion to Council wherein he ., .:'
believed the City to be in error in quitclaiming its interest in
certain property on Lake Winona which included a portion of beach
front under easement from the City to R. M. Frye for Many years. It
was consensus of Council that the City Attorney be authorized to
contact the deed-holder. Mr. Lynn Brotherson in an attempt to settle
the matter.
With regards the recommendation of the Clermont Planning and Joning
Commission, motion was made by Councilman VanderMeer. seconded by
Councilwoman Watson and carried that the City Manager be authorized
to enter into an agreement with the Lake County Planning Oepartment
for professional planning services at an annual retainer fee in
the amount of $500.00.
Wtth regards some property owners desiring additional sewer laterals
to their property. motion was made by Councilman Cochran, seconded
by Councilman VanderMeer and carried that the recommendation of
the Engineers to the effect that this he on an individual basis between
the property owner and the Cons.tructi on Company, be accepted.
With regards the matter of re-sodding certain properties following
sewer system construction. this matter was referred to the City Manager
to obtain additional information.
Councilman Beals inquired of City Manager Hopkins as to any success
of his request to the puhlisher of the Lake News to discontinue the
present method of delivering the Lake News in Clermont. Mr. Hopkins
reported he had been assured of cooperation, but that to date it was
still being delivered as before and that he would again contact them.
Mayor Smith reported that officials of First Federal wp.re offering
for sale to the City, the furnishings located in the First Federal
offices at a cost of $4154.73. and that he and City Manager ~opkins
had inspected the furnishings and found them to he in excellent
condition. It was consensus of Council that this matter be referred
to the City Manager for negotation with officials of First Federal
and report back to the Council.
The meeting was adjourned by Mayor Smith.
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