03-13-1973 Regular Meeting
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MINUTES
REGULAR MEETING
NQ
884
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, March 13, 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, Deputy Clerk Dollar, City Attorney Vason,
Director of Community Services Smythe and Chief of Police Tynda1. Others present
were: Masters Dean Saunders and Gene Byrd and Messrs. C. Mangold. H. Czech,
Nick Jones and Dan Roebuck. A representative of the Sentinel Star was also
present.
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 February 27, 1973 were corrected as follows:
(p 6, lines 12 and 13 "from the Farmer's Home Administration, it was the opinion
of Councilman Byrd that the City Attorney should notify the Farmerls Home Adminis-
tion that if they are". The minutes were then approved as corrected.
Mayor Smith announced the first order of business to be that of considering bids
on uniforms for employees of the Departments of Public Utilities and Community
Services which were as follows:
Dixie Uniform Supply
Purity Uniform Service
Shirt(per shirt per week)
Pants(per pants per week}
$ .30
.55
Shirt(per shirt per week}
Pants(per pants per week}
$ .45
.65
City Manager Hopkins recommended that Dixie Uniform Supply, Orlando, the low bidder
/be awarded the bid. Upon recommendation of Councilman Smoak that consideration
be given to purchasing ~niformsfrom Pennys, whereby the City could realize sub-
stantial savings in uniform expenditures, it was consensus of Council that action on
the awarding of the unfform bid at this time be deferred. Meanwhile, City Manager
Hopkins was instructed to look into the program provided by Pennys and submit a
comprehensive report to Council.
Mayor Smith announced the next order of business to be a Public Hearing to consider
a request by Charlie Johnson for a variance to Section 26-12 of the Zoning Ordinance
(Lot Size and Occupancy) in order to construct residences on following described
properties: Lot 25, Lincoln Park Annex, Lot 26, Lincoln Park Annex and Lot 28,
Pinecrest. Attorney Dan Roebuck, representing Charlie Johnson, appeared before
Council and requested them to grant a variance to allow construction of "235"
homes on the above named lots, which, by the City Code are considered substandard
and unbui1dab1e lots. City Manager Hopkins advised that after receiving the
variance request, it had been determined who was the owner and abutting owners of
Lot 28, Pinecrest prior to the enactment of the zoning ordinance in 1968, and
established, therefore, that Lot 28, Pinecrest, must be considered a buildable lot
and no variance is needed; however, a variance was needed for Lots 25 and 26,
Lincoln Park Annex. Considerable discussion followed and while it was brought
out that the Council members were aware of the hardship on the property owners by
denying this request, to grant the request would set a precedent for any number
of substandard lots throughout the city. It was also brought out in discussion
that future buyers, as well as builders, should be aware of zoning regulations
on lot sizes before any sales are consumated, thus precluding similar requests.
Motion was made b Councilman B rd, seconded b Councilman Beals and unanimous1
carried that the variance be denied on Lot 6, Linco nark nnex.
Motion was made by Councilman Bea1sa seconded by Councilman Smoak, and unanimously
carried, that the variance be denie on Lot 2~, Lincoln Park Annex.
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MINUTES
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885
Mr. Nick Jones, representing "Project Clermont appeared before Council and
presented them with a concept plan for revita1 zing the downtown business area of
Montrose Street and requested Council's endorsement of the plan. Mayor Smith
thanked Mr. Jones for the presentation and expressions were made by Mayor Smith
and Councilman Byrd that they had no objections to endorsing the plans as submitted.
City Manager Hopkins submitted his report both orally and written, and a copy
is attached hereto.
With regards the City Manager's request that as representative of the City of
Clermont he be authorized to sign the application to obtain an operating permit for
the treatment plant, and for the Mayor to sign the letter of authorization, motion
was made b~ Councilman Smoak, seconded by Councilman Byrd, and carried, that this
authorizat10n be granted to the Mayor and the City Manager.
With regards to improvements to ,T\Ilie1 fth Street, west of the Mobile home park,
motion was made by Councilman Smoak, seconded by Councilman Beals and unanimously
carried that authorization be granted to have instruments to acquire right-of-way
from two ro ert owners - Jessie J. Carroll and Po nter & Harder Construction
Company, executed and an expenditure of 0.00 to be made to each owner in return
for the dedicationi.
City Manager Hopkins stated a letter had been received from O. Sam Ackley, Faculty
Associate of Florida Technological University announcing that a three week program
is tentatively scheduled to begin on April 15 with classes meeting in the evening
twice a week on liThe Improvement of Local Planning and Zoning Policies and Procedures"
and asking them to advise them if any members of the P&Z Commission and Council
would want to attend these sessions. Any member of the Council/Commission interested
in attending should submit their name to the City Manager.
Councilman Schroede1, liaison representative to the Cooper Memorial Library Board,
reported he had attended the Library Board meeting yesterday and wished to inform
Council of the following: the library had a 10% increase in books loaned over the
previous year, that their fund drive has reached $1900; that they requested the
balance of their budgeted allowance; that they had returned a form to the State
Librarian advising that a request for monies from Revenue Sharing had been denied
by Council.
Councilman Byrd introduced Masters Dean Saunders and Gene Byrd, Boy Scouts working
on their citizenship and community merit badges. The Mayor welcomed the scouts
to the meeting and stated he felt their project was very worthwhile. Questions
concerning the water system, submitted by the scouts, were answered by the Mayor
and City Manager.
Councilman Schroedel inquired the latest developments for acquiring a Greyhound
Bus Terminal in Clermont. City Manager Hopkins advised that no one as yet had shown
an interest in taking on the agency, and that he had had little time to devote to
pursuing the matter. Councilman Schroedel then inquired if the Chamber of Commerce
might be willing to consider attacking this problem. Mayor Smith felt this would
be a good project for the Chamber of Commerce to pursue and suggested that Councilman
Beals, a Director of the Chamber, bring this to the attention of the Board. Council-
man Beals stated he would be glad to do so.
Deputy Clerk Dollar read a letter from Stone & Youngberg to Mayor Smith wherein
they advised that all details of the refunding of the City of Clermont Water and
Sewer Bonds, Series 1970, have been finalized and expressed appreciation to the
Mayor, Council and staff for the excellent cooperation received throughout the
project.
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MINUTES
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886
Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDE~"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 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
SERVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION BY
POSTING and the motion was seconded by Councilman Beals. The ORDINANCE was read by
Title only for a second and final reading by City Attorney Vason and upon roll
call vote on passage of the motion, the result was: Ayes: Smoak, Smith, Beals,
Byrd and Schroedel. Total Ayes: Five. Nayes: None. So the ORDINANCE was
adopted, the Number 84-C assigned to it and a copy ordered posted.
Councilman Byrd stated that he agreed to reading Ordinances by title only but
thought the press should be provided with a copy of ordinances in their entirety.
It was pointed out that the Ordinances could readily be made available to the press
upon their request.
Motion was made b Councilman Smoak seconded b Councilman B rd and unanimous1
citrTi~fla..t. the Cit Clerk be instructed to ublish ordinances b Title Onl
following their introduction and prior to final passage beginning immediate y
inasmuch as the charter changes are not in effect.
Councilman Smoak offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING THE FIRST PARAGRAPH OF
THAT SECTION 8-7 OF THE CODE OF ORDINANCES, BY REQUIRING MASTER ELECTRICIANS TO
FURNISH BOND IN THE AMOUNT OF FIVE THOUSAND ($5,000.00); REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING FOR PUBLICATION BY POSTING, and the Motion was seconded by Councilman
Beals. The ORDINANCE was read by Title only for a second and final reading by
City Attorney Vason and upon roll call vote on passage of the motion, the result
was: Ayes: Smoak, Smith, Beals, Byrd and Schroede1. Total Ayes: Five. Nayes:
None. So the ORDINANCE was adopted, the Number 85-C assigQed to it and a copy
ordered posted.
Councilman Schroede1 offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, AMENDING CHAPTER 24, SECTION 24-1
SECTION 2-2, REPEALING SECTION 24-2.2, REPEALING 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 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING and the
motion was seconded by Councilman Byrd. The ORDINANCE was read by Title only for
a second and final reading by City Attorney Vason and upon roll call vote on passage
of the motion, the result was: Ayes: Smoak, Smith, Beals, Byrd and Schroedel.
Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 86-C
assigned to it and a copy ordered posted.
Councilman Beals offered and moved the adoption of 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
motion was seconded by Councilman Byrd. The ORDINANCE was read by Title only
for a second and final reading by City Attorney Vason and upon roll call vote on
passage of the motion, the result was: Ayes: Smoak, Smith, Beals, Byrd and Schroede1.
Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 87-C
assigned to it and a copy ordered posted.
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MINUTES
NQ
887
Councilman Smoak offered and moved the adoption of 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 motion
was seconded by Councilman Beals. The ORDINANCE was read by Title Only for a
second and final reading by City Attorney Vason and upon roll call vote on passage
of the motion, the result was: Ayes: Smoak, Smith, Beals, Byrd and Schroede1.
Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted, the Number 53-M
assigned to it and a copy ordered posted.
Councilman Schroedel introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, FLORIDA, AMENDING SAID CODE OF ORDINANCES TO CHANGE CERTAIN PARTS
AS DESCRIBED THEREIN FROM R1A ZONING DISTRICT TO M1 ZONING DISTRICT; REPEALING
ALL ORDINANCES IN CONFICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING and the ORDINANCE was
read by Title only for a first reading by City Attorney Vason.
Councilman Beals introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, FLORIDA, AMENDING SUB-SECTION (b) OF SECTION 8-1; AMENDING SUB-SECTION
(c) OF SECTION 8-1; AMENDING SUB-SECTION {a} OF SECTION 8-2; AMENDING SUB-SECTION
(b) OF SECTION 8-2; AMENDING SECTION 8-5 BY REPEALING SUB-SECTION (a) AND SUB-SECTION
(b) AND SUBSTITUTING THEREFORE A NEW SECTION 8-5; AMENDING SUB-SECTION (l) (a) OF
SECTION 8-14; AMENDING SUB-SECTION (1) (h) OF SECTION 8-14; AMENDING SUB-SECTION
2 OF SECTION 8-14; AMENDING SUB-SECTION 3 of SECTION 8-14; AMENDING THE FIRST
PARAGRAPH OF SECTION 8-34; AMENDING SUB-SECTION (a) OF SECTION 8-40; AMENDING
SUB-SECTION (g) (6) OF SECTION 8-40; PROVIDING A DEFINITION FOR THE TERM "ELECTRICIANII,
PROVIDING A DEFINITION "MASTER ELECTRICIAN"~ ESTABLISHING A BOARD OF EXAMINERS OF
ELECTRICIANS; PROVIDING FOR THE EXAMINATION OF MASTER AND JOURNEYMAN ELECTRICIANS;
PROVIDING FOR THE CLASSIFICATIONS OF MASTER ELECTRICIANS, JOURNEYMAN ELECTRICIANS
AND ELECTRICAL CONTRACTORS; PROVIDING FOR THE REQUIREMENT OF MAIN SERVICE DISCONNECTS;
ESTABLISHING WIRING METHODS; 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 for a first reading by City
Attorney Vason.
Councilman Schroede1 introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, FLORIDA, AMENDING SECTION 19-13 OF THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, FLORIDA; AMENDING SECTION 19-18; AMENDING SECTION 19-19;
AMENDING SECTION 19-20; AMENDING SECTION 19-21; PROVIDING FOR THE GENRAL LIABILITY
OF THE OWNER OF ALL LANDS THROUGH WHICH ANY STREETS OR PUBLIC WAYS ARE TO BE
CONSTRUCTION; ADOPTING AND INCORPORATING HEREIN THE LATEST PUBLISHED EDITION OF
THE STANDARD SPECIFICATIONS OF THE FLORIDA DEPARTMENT OF TRANSPORTATION, ESTABLISHING
MINIMUM STANDARDS OF SUB-GRADE STABILIZATION; ESTABLISHING MINIMUM STANDARDS FOR
STREET WEARING SURFACES; ESTABLISHING THE INCORPORATING HEREIN AN ILLUSTRATION OF
TYPICAL STREET CROSS-SECTION; PROVIDING FOR MINIMUM DRAINAGE STRUCTURES; REPEALING
ALL OEDI~~ACES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION BY POSTING and the Ordinance was read
by Title only for a first reading by City Attorney Vason.
Mayor Smith signed a Proclamation, proclaiming Tuesday, March 20, 1973 to be
VET CAP (Veterans Assistance Community Program) Day.
Motion was made by Councilman Smoak, seconded by Councilman Byrd, and carried that
the bills be paid.
Councilman Smoak referred to a letter from the Blessed Sacrament Church Council
in which they expressed concern about a possible environmental threat to their
property from the Water Pollution Facility, and requesting clarification of
certain questions before they could make a decision for use of their property for
land spraying. Mr. Smoak suggested that City Manager Hopkins answer the Church
Council IS questions to alleviate any apprehensions they might have and assuring
them the situation will be temporary. Mayor Smith concurred with Mr. Smoak's
suggestion and City Manager Hopkins agreed to prepare a letter to the Church Council.
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888
The status of the position of "City Attorney"was discussed and City Manager Hopkins
was requested to contact Mr. Richard Langley to ascertain the status of the con-
demnations of the Sewer System so that this matter can be finalized and Mr. Robert
F. Vason, Jr. designated as City Attorney.
City Controller Fleming requested approval from Council to transfer $14,116.67
from the Equipment Replacement Fund, as a loan to be repaid in 1984, to the
Water Department to cover interest on 1972 Water & Sewer Revenue Bonds from March 2
to May 1, 1973. Motion was made by Councilman Beals, seconded by Councilman
Schroede1, and carried, that authorization be granted to City Controller Fleming
to transfer $14,116.67 from the Equipment Replacement Fund, as a loan to be repaid
in 1984, to the Water Department to cover interest on 1972 Water & Sewer Revenue
Bonds from March 2 to May 1,1973.
Councilman Beals expressed appreciation to the City for sending the City Manager
and himself to the Florida League of Municipalities Conference in Jacksonville and
he reported on certain items discussed at the meetings.
The meeting was adjourned by Mayor Smith.
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Don E. Smith, Mayor
~ ~ 5 L11# crfr
Ml re Dol ar, Deputy C erk