02-27-1973 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, February 27, 1973. The meeting was called to order at 7:30 P.M.
by Mayor Don E. Smith with the following members present: Councilmen Smoak, Beals, Byrd
and Schroede1. Other officials present were: City Manager Hopkins, City Controller
Fleming, City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe
and Chief of Police Tyndal. Other present were: Mr. and Mrs. Willie Thompson and the
Messrs. Czech, Ha1sy, Johnson, Kirkland and Lord.
The Invocation was given by Councilman Byrd, followed by repeating of the Pledge of
Allegiance in unison by those present.
The Minutes of the Regular Meeting held February 13, 1973 and Special Meetings held on
February 18th and February 21st were approved as written.
Mayor Smith announced the first order of business to be a Public Hearing to consider
request by Freeman C. Crews for a variance to Section 26-25 of the Zoning Ordinance
in order to construct a canopy over the gasoline pumps located at the Shop and Go
Market. The amount of variance needed was ten feet in the setback from State Road
#50. There was no one present who commented on the request. It was the consensus of
Council that to deny this request would not create a hardship on the petitioner,
whereupon motion was made by Councilman Beals, seconded by Councilman Byrd and carried
that the request be denied.
Mayor Smith announced the next order of business to be a Public Hearing to consider
request by William Lord for the rezoning of portions of Tracts 40A and 40B in Section
29-22-26 from the present R1A to an M1 zone. There was no one present, other than
the petiti~ner, who commented on the request. Mayor Smith advised that he, the City
Manager and Henry Czech, Chairman of the P&Z Commission, had toured the property and
felt that a change to a commercial zone would be for its best use. Councilman
Schroedel advised that following a public hearing held by the P&Z:Commission that they
had recommended that the request be granted, whereupon Potion was made by Councilman
Smoak, seconded by Councilman Beals and unanimously carried that City Attorney Vason
be instructed to prepare the necessary Ordinance to change this zoning, for presentation
at the next meeting.
Mr. Charlie Johnson, building contractor, appeared before Council and request that
he be issued a building permit to construct a one family residence for Mr. and Mrs.
Willie Thompson on Lot 25 of Lincoln Park Annex, which had been denied by the Building
Official at time of application because of required setbacks which he could not honor.
There was considerable discussion regarding this matter, at which time it was brought
to the attention of council by City Attorney Vason that the required procedure for
variance requests had not been made in this instance, such as posting a filing fee,
nat1ce of public hearing to be held by Council to consider such a request and the
necessary publication of such notice, whereupon no further consideration was given by
Council regarding the matter. Inasmuch as Mr. Johnson had advised that the property
transaction had already been made by the Thompsons with their subsequent loan from
the Federal Housing Administration, it was the opinion of Councilman Byrd that
the City Attorney should notify the Federal Housing Administration that if they are
going to finance low cost housing in the City of Clermont, that they are going to have
to abide by Clermont's Zoning Ordinances.
City Attorney Vason reported that he was working on the Charter Amendments, and that
he had the condemnation complaint with him at this time for the Mayor and Clerk to
execute.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF
CLERMONT, FLORIDA, REPEALING SECTION 26-68 OF THE CODE OF ORDINANCES AND SUBSTITUTING
THEREFORE THE PROVISIONS OF THIS ORDINANCE, PERMITTING AND REGULATING PLANNED UNIT
DEVELOPMENTS, AND ESTABLISHING THE PROCEDURE FOR SECURING APPROVAL THEREOF: AMENDING
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SUB-SECTION (F) OF SECTION 26-19 OF THE CODE OF ORDINANCES TO ALLOW PLANNED UNIT
DEVELOPMENTS AS A CONDITIONAL USE IN R1AA ZONING DISTRICTS: REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND
PROVIDING FOR PUBLICATION BY POSTING and the ORDINANCE was read by Title only by
City Attorney Vason, for a first reading.
Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF ~ClERMONT, FLORIDA AMENDING THE FIRST PARAGRAPH OF THAT SECTION 8-8 OF THE CODE
OF ORDINANCES, BY REQUIRING MASTER ELECTRICIANS TO FURNISH BOND IN THE AMOUNT OF
FIVE THOUSAND ($S,OOO.OO) DOLLARS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION
BY POSTING and the ORDINANCE was read by Title only by Councilman Smoak for a first
reading.
Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 24 SECTION 24-1, SECTION 24-2, REPEALING
SECTION 24-2.2, REPEALING SECTION 24-2-3;,AND AMENDING SECTION 24-4 OF THE CODE OF
ORDINANCES, REGULATING THE PARKING AND PLACEMENT OF MOBILE HOMES, TRAILERS AND
RECREATIONAL VEHICLES WITHIN THE MUNICIPAL LIMITS OF THE CITY OF CLERMONT: REPEALING
ALL ORB~~ANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN
EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY POSTING and the ORDINANCE was
read by Title only by Councilman Smoak for a first reading.
Councilman Smoak introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, FLORIDA, AMENDING SECTION 5-1.1 OF THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, FLORIDA, ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND
MAINTENANCE OF DWELLINGS, CREATING A HOUSING BOARD OF ADJUSTMENTS AND APPEALS
AND FIXING THE DUTIES AND RESPONSIBILITIES THEREOF: AUTHORIZING THE INSPECTION
OF DWELLINGS AND NECESSARY STRUCTURES AND PROVIDING FOR THE CONDEMNATION OF ALL
BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION AND USE: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN
EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY POSTING and the ORDINANCE was
read by Title only by City Attorney Vason for a first reading.
Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, DECLARING AN EMERGENCY SITUATION IN
REGARD TO THE OPERATION OF ITS SEWER TREATMENT FACILITIES AND PROVIDING FOR THE
CONDEMNATION OF ADJOINING PROPERTY FOR DISPOSAL OF ITS EFFLUENT and the motion
was seconded by Councilman Smoak and the ORDINANCE was read by City Attorney
Vason, by Title only, for the second and final reading. Upon roll call vote
on passage of the motion, the result was: Ayes: Schroedel, Byrd, Beals Smith and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 52-M
assigned to it and a copy ordered posted.
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 THE UNNAMED ALLEY LYING DUE EAST OF AND RUNNING PARALLEL TO THE EASTERLY LINE OF
LOT 14 AND LOT 15, LINCOLN PARK SUBDIVISION, 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 and the ORDINANCE was read by Title only for
a first reading by City Attorney Vason.
City Attorney Vason advised that he had the condemnation complaint prepared using
the figure of $20,000.00 based on the appraisal of land and trees as submitted by
Mr. VanderMeer, and inquired of Council if this be the figure they desire to be used.
Motion was made by Councilman Beals, seconded by Councilman Byrd and carried that
the figures>be.submitted at $20,000.00.
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REGULAR MEETING
Cbunci1man Schroedel made inquiries as follows: To Chief of Police Tyndal as to
whether or not the VASCAR unit was being used. Chief Tynda1 replied that the unit
had been installed, but that it would be an additional two weeks before the officers
would receive final certification to use it; To Director of Community Services,
Smythe, if the pine trees had been received, and he was advised that they had been,
but not planted as yet; To City Manager Hopkins as to whether or not the sanitary
sewer easements had been recorded, and he was advised that due to an error in
being advised that copies would be acceptable for recording and that they were, in
fact, not, the originals would be forwarded for recording soon; To City Manager
Hopkins as to whether or not the electric company had begun the project of
installing protection switches on the motors located at the various lift stations,
and he was advised that the arrangements had been made, but that the work had not
been started as yet; To Council as to any recommendations for the two vacancies
existing on the P & Z Commission, and Mayor Smith advised that they had been filled
by Messrs. Hovis and Dupee on a temporary basis (90 days) and that Council should
keep this in mind to be prepared to make the appointments.
Councilman Smoak advised that he had taken three different fruit buyers to consider
the purchase of the fruit located on the Catholic Church property and that they were
not interested. Because of the excessively heavy crop in the state in round oranges
everyone is booked solid as far as harvesting crews are concerned at this time and
as far as all information he could gather, it would be at least two to three weeks
longer before anyone would be interested. It was the suggestion of Councilman
Smoak that the present spray irrigation system which the city has be placed in this
area around the tangerine trees, which would not interfere with the temple crop
at all and then move it a couple of times, getting permission of course from the
Catholic Church,officia1s to do this. Mayor Smith then asked if Councilman Smoak
would continue to pursue this matter with the Catholic Church officials and he agreed
to do so.
City Manager Hopkins advised that the report as of 8 A.M. this date indicated the
plant had hit 300,000 gallons for the first time.
Councilman Beals advised that he felt it would be appropriate to once again go to
DeLand and attempt to get some grade separations, lights or something to alleviate
the dangerous crossings along State Road #50 and suggested that a Resolution be
drawn requesting this. Councilman Beals further advised that a bill had been pre-
filed in the State Legislature which would require that fluoride be used in all
public drinking facilities and he asked that Council keep this in mind and consider
whether or not they would want this for Clermont. He further reported there were
other cities that presently require this and inquired if City Manager Hopkins would
attempt to find out just how many there were, which he agreed to do.
The meeting was adjourned by Mayor Smith.
~1/.~,
o ores W. Carro 1 ,C ty Clerk
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Don E. Smith, Mayor