06-13-1972 Regular Meeting
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REGULAR MEETING
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818
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, June 13, 1972. 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 Smoak, Beals and Schroedel. Other officials present were: City Manager
Hopkins, City Controller Fleming, City Attorney Langley, Director of Community
Services Smythe, Utilities Superintendent Asbury, Chief of Police Tynda1 and Deputy
Clerk Dollar. Others present were: Miss Robin Smythe, Mrs. Joan Modica, Mr. and Mrs.
John Aul1, Mr. and Mrs. W. Hoebeke, and Messrs. Williams, Hindeman, Wootson, Czech,
Shumaker, Middleton, Holtzclaw, Kamanar, Hazucka, Hawley and Dr. C. Anderson.
The Invocation was given by Councilman Beals followed by repeating of the Pledge of
Allegiance in unison by those present.
Paragraph 4 of the Minutes of the meeting held on May 23, 1972 were amended to read
IICounci1man Smoak also inquired of Mr. Poynter if the~ had been any additional costs
involved for them working under a Planned Unit Development, and Mr. Poynter replied that
there had not been. In paragraph No.3 under Public Hearings, Mr. Richard Langley
stated that he would observe a 50' set back along the north side of his propertyll.
The minutes were then approved as amended.
Mr. Bill Kamanar, proprietor of the Florida Motel, appeared before Council stating
that he had applied for a building permit to construct a swimming pool, but had
been advised that under the Zoning Ordinance the permit could not be issued unless he
complied with the ordinance requirements for a 6 foot fence to enclose the pool. He
requested Council to waive this requirement for a fence. Upon recommendation of the
City Attorney, motion was made by Councilman Beals, seconded by Councilman Schroede1,
that an imendment be prepared to the Zoning Ordinance, Section 26-66 excepting the
requirements of enclosing swimming pools by a fence at commercial establishments catering
to transient guests, and that the City Manager be authorized to issue a permit to Mr.
Kamanar under this exception. Upon roll call vote on passage of the motion the result
was: Ayes: Schroedel, Watson, Beals and Smoak. Total Ayes: 4. Nayes: Smith. Total
Nayes: 1. The motion carried.
A final plat of Edgewood Subdivision was submitted to the Council by Mr. W. L. Williams
of Williams & Wade Construction Company, Inc. Motion was made by Councilman Schroede1,
seconded by Councilwoman Watson, and carried, that the final plat of Edgewood Subdivision
be approved as submitted.
Mr. Ira Lee Wootson, Pastor of the Church of God in Christ, appeared before the Council
and requested permission for a building permit for additions and expansion to the church.
Mr. Wootson was advised to contact the City Manager so that the steps needed to be
taken to acquire a building permit could be thoroughly explained to him.
City Manager Hopkins submitted his report both orally and written and a copy is
attached hereto.
Concerning an amendment to the Personnel Manual covering a requirement under the Revenue
Sharing Act that the city provide a salary incentive program for its law Enforcement
Officers in accordance with the State Statute, motion was made by Councilman Schroedel,
seconded by Councilwoman Watson, and carried, that the City Manager be authorized to
add Section 3.15 to the Personnel Manual to incorporate a provision covering a Salary
Incentive Program as required by State Statutes under the Revenue Sharing Act.
Councilman Beals offered and moved the adoption of a RESOLUTION providing for compliance
with certain requirements under the 1972 Florida Revenue Sharing Act. The motion was
seconded by Councilman Smoak, and unanimously carried. The RESOLUTION was read in full
by City Manager Hopkins. The Number 193 was assigned to it and a copy ordered posted.
City Manager Hopkins stated that the State wants to know if Clermont has any city-owned
property which could be included in the wilderness system. So that he may advise
the State in this regard, he requested Council to report on this request at the next
Council meeting.
City Controller Fleming reported that he hoped to have a Financial Progress Report
on the Sewer System for the Council at their next meeting. He further stated that
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the Resident Project Engineer assured that sufficient money is available from the
original plan to handle all the additions and extensions, which he considers very
encouraging. .
Regarding the construction of additional tennis courts, brought up by Mr. Schroede1,
the City Manager was direeted to study the feasibility of constructing tennis courts
on city-owned property on 12th Street and to obtain cost estimates.
Councilman Schroede1, liaison representative to the Cooper Memorial Library, reported
as follows: That he had attended a library board meeting yesterday and that the
board is very appreciative of work done by the city in cleaning up the curbing;
that painting continued on the building, that the library is still attempting to acquire
funds to build an addition; and that 2,000 books had been circulated last month.
Motion was made by Councilman Beals, seconded by Councilman Smoak, and carried, that
the mills be paid.
Councilman Smoak, referring to Section 60(Regu1ations subject to change, protest and
hearings) of the Charter, requested that the Introduction and First Reading of the
Ordinances pertaining to the Langley property and the Nagel Property be held in
obeyance until a legal opinion was received from the League of Cities Attorney
concerning the zoning change, since 20 per cent of the abutting property owners
objected, and the change was passed by a 3-2 vote of the City Council. Section 60
was read by City Manager Hopkins. Motion was made by Councilman Smoak, seconded by
Mr. Schroede1, that the reading of the ordinances be held in obeyance pending receipt
of the legal opinion requested. Upon roll call vote on passage of the motion the
result was: Ayes: Schroede1. Total Ayes: 1. Nayes: Smith, Watson and Beals. Total
Nayes: 3. Abstaining Smoak. The motion failed to carry.
Mr. Smoak also recommended that the ordinance concerning the rezoning of the Langley
property include that the property owner will maintain a 50 foot buffer strip on the
north side of his property.
Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF TRACT 61, LAKE HIGHLANDS
SUBDIVISION IN SECTION 18, TOWNSHIP 22 SOUTH RANGE 26 EAST, ALL ACCORDING TO THE
OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17 THROUGH 23
INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY FLORIDA, FROM THE PRESENT R-1 ZONING TO R-3
ZONING: ALSO CHANGING THE ZONING OF LOT 5, BLOCK F, LESS THE NORTH 167 FEET THEREOF,
MORE OR LESS, BUT INCLUDING THE WEST 60 FEET OF THE NORTH 167 FEET, MORE OR LESS,
AND ALL OF LOT 6, BLOCK F FROM THE PRESENT R-1 ZONING TO R-3A ZONING, ALL ACCORDING
TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17
THROUGH 23 INCLUSIVE. The Ordinance was read in full for a first reading by City
Manager Hopkins.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF ALL OF BLOCK 19 AND LOTS
3, 4 and 5 IN BLOCK 20 AND ALL LAND LYING BETWEEN THESE LOTS AND CRYSTAL LAKE, ALL
ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8,
PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA, FROM THE PRESENT
R-1 ZONING TO R-3A ZONING. The ORDINANCE was read in full for a first reading by City
Manager Hopkins.
Council Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CHANGING THE ZONING OF BLOCK 17 IN HILLSIDE TERRACE
SUBDIVISION, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN
PLAT BOOK 3, PAGES 17 THROUGH 23 INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA
FROM THE PRESENT R-1 ZONING TO R-3A ZONING. The ORDINANCE was read in full for a
first reading by City Manager Hopkins.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, CLOSING AND PERMANENTLY ABANDONING THAT PORTION OF
JUNIATA STREET LYING WEST OF THE WESTERN RIGHT-OF-WAY OF SECOND STREET TO THE WATERS
EDGE OF CRYSTAL LAKE, ALL ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED
IN PLAT BOOK 8,P1\GES17 THROUGH 23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA.
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The ORDINANCE was read in full for a first reading by City Manager Hopkins.
Following further discussion on Mr. Smoakls objection the the reading of the Ordinances,
the City Manager was directed to request a legal opinion from the Attorney General
as to whether city owned property should or should not be included when determining the
percentage of objections to a rezoning issue, and also, since one of the Councilmen
is one of the objecting, abutting property owners, should he be allowed to vote or
should be abstain because of a IIconf1ict of interestll.
Councilman Beals introduced AN ORDINANCE AMENDING SECTION 5-1 OF THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, FLORIDA. The ORDINANCE was read in full for a first reading
by City Attorney Langley.
Councilman Beals introduced AN ORDINANCE AMENDING SECTION 23-1 OF THE CODE OF ORDINANCES
OF THE CITY OF CLERMONT, FLORIDA. The ORDINANCE was read in full for a first reading
by City Attorney Langley.
Mayor Smith read a letter from David T. Kennedy, Mayor of the City of Miami, in which
he ugred the Council to go on record, by Resolution, expressing support against a
State Personal Income Tax and support of an amendment to S 3651 General Revenue Sharing
Bill which would eliminate the penalty against Florida and other states without the State
Income Tax. Motion was made by Councilman Smoak, seconded by Councilman Beals, and
carried, that a resolution be prepared for adoption expressing support for both the
Gurney Amendment and S 3651.
Mayor Smith read a letter from W. A. Milton, Jr., County Judge, regarding the
implementation of Senate Joint Resolution No. 52-D, concerning Florida's new Court
Reform Act. The City Manager was directed to reply to this letter, enclosing a copy of
Reso1utjon No. 191, in which the Council opposed revision of Article V.
Councilman Beals referred to a recommendation of the P&Z Commission that consideration
be given to preservation of trees and landscaping in the construction of parking areas.
Following a discussion, the City Manager was requested to study this recommendation
and prepare the necessary ordinance, at the earliest possible time, for Council IS
consideration. ' .'
Councilman Smoak stated that the radio agreement between the Town of Minneo1a and
Clermont has been brought to his attention and in looking into the matter he was of the
opinion that a fair share of the costs were not being borne by Minneola and quoted
some cost figures of operation. The City Manager was asked to work up additional cost
figures on this operation and make a recommendation to the Council.
A Work Session was sechedu1ed for Tuesday, May 20, 1972 in the City Manager1s Office
at 7:30 P.M. to discuss improvements to the Water Distribution System.
The meeting was adjourned by Mayor Smith.
Don E. Smith, Mayor
Mildred Dollar, Deputy Clerk