09-26-1972 Regular Meeting
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REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, September 26, 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 Schroede1. Other officials present were:
City Manager Hopkins, City Clerk Carroll, City Controller Fleming, Director of
Community Services Smythe, Building Official Nagel and Municipal Judge R. W. Waters.
Others present were: Mesdames Jeanne Giachetti and R. W. Waters and the Messrs.
Preston Shoup, Henry Czech, Robert Shumaker, Jack Mitchell, Nick Jones and Chris
Giachetti.
The invocation was given by Councilman Beals, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the meeting held on September 12, 1972 were approved as written.
City Manager Hopkins reported as follows: That the Florida DOT would hold a public
hearing on November 2, 1972 in the Council Chambers to consider possible changes to
be made to State Road 50; That he had received a quote of $1400.00 maximum for
engineering work needed on the proposed extension of Broome Street, west from
the west line of Blocks 137 and 138 to a point 993 feet of Twelth Street, such
street leading into the Poynter-Harder Mobile Home Park, and this figure was
submitted by the engineering firm of Akdoruk, Brownell, Campanile & Associates.
It was the opinion of Councilman Smoak that the developers should participate in the
total cost of such a project and not in just the construction costs and he therefore
recommended that the City Manager discuss this matter further with the developers
before authorizing the engineers to proceed. The Council was in agreement with
this and the matter was referred to the City Manager.
City Controller Fleming submitted a financial review of the sanitary sewer system
to date, and a copy is attached hereto.
City Clerk Carroll read a letter from John Minor, Labor Day Chairman, wherein he
expressed appreciation for the city's help and cooperation in making the Labor Day
celebration such a success.
Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA RE-ADOPTING ORDINANCE NO.
106 AND ORDAINING THE SAME TO BE IN FULL FORCE AND EFFECT FOR THE ENSUING FISCAL
YEAR and the motion was seconded by Councilman Beals. The ORDINANCE was read in
full by City Manager Hopkins and upon roll call vote on passage of the motion,
the result was: Ayes: Smoak, Smith, Beals, Watson and Schroede1. Total Ayes:
Five. Nayes: None. So the ORDINANCE was adopted, the Number 49-M assigned to it
and a copy ordered posted.
Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCE OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROHIBITING LOITERH:G' IN
THE AREA OF BUSINESSES DURING NON-BUSINESS HOURS, AUTHORIZING THE POLICE TO CLEAR
SAID AREAS, PROVIDING FOR THE ARREST, TRIAL AND PUNISHMENT OF THOSE REFUSING TO
LEAVE SAID AREAS, PROVIDING AN EFFECTIVE DATE and the motion was seconded by
Councilman Beals. The ORDINANCE was read in full by City Manager Hopkins and upon
roll call vote on passage of the motion, the result was: Ayes: Schroede1, Watson,
Beats, Smith and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted,
the Number 79-C assigned to it and copy ordered posted.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SAID ORDINANCE TO CHANGE CERTAIN PARTS
AS DESCRIBED THEREIN FROM C-2 to R-3 Zoning: CERTAIN OTHER PORTIONS THEREOF FROM
M-l TO C-2 ZONING: CERTAIN OTHER PORTIONS THEREOF FROM M-l TO R-2 ZONING:
CERTAIN OTHER PORTIONS THEREOF FROM R-1 TO R-3 ZONING: CERTAIN OTHER PORTIONS THEREOF
FROM R-1 TO R-3A ZONING: CERTAIN OTHER PORTIONS THEREOF FROM R-1 TO R-3 ZONING:
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CERTAIN OTHER PORTIONS THEREOF FROM R1-A TO R-1 ZONING AND CERTAIN OTHER PORTIONS
THEREOF FROM R-1A TO C-2 ZONING and the ORDINANCE was read in full by City Manager
Hopki ns.
Councilman Smoak advised that he was still of the opinion that Council acted illegally
in the passage of Ordinances 73-C and 74-C based on the opinion received from the
Attorney General, and he therefore moved that Council take whatever legal steps are
necessary to revert the properties as affected in Ordinances 73-C and 74-C back to
their original zoning and the motion,:was seconded by Councilman Schroede1. Upon
roll call vote on passage of the motion the result was: Ayes: Smoak and Schroede1.
Total Ayes: Two. Nayes: Watson, Beals and Smith. Total Nayes: Three. The motion
failed to carry.
The meeting was adjourned by Mayor Smith.
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LWMOd Z)~L
Dolores W. Carroll, City Clerk
Don E. Smith, Mayor