11-13-1973 Regular Meeting
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REGULAR MEETING
A Regular Meeting of the City Council of the City of Clermont was held in the Council
Chambers on Tuesday, November 13, 1973. The meeting was called to order at 7:30
P. M. by Mayor Claude E. Smoak, Jr. witm the following members present: Councilmen
Czech, Beals, Byrd and Schroedel. Other officials present were: City Controller
Fleming, City Clerk Carroll, City Attorney Vason, City Manager Hopkins, Director of
Community Services Smythe, Director of Public Utilities Mitchell and Chief of Police
Tyndal. Others present were: Mr. and Mrs. W. F. Perry, Mr. and Mrs. John B. Mitchell,
Mesdames Adele Smythe, DorEJthy Weaver, Misses Pam Wright, Robin Smythe, Diane Ogden
and Messrs. Johnson, Lord, Loomis, Hovis, Williams, Beals, Ogden, Oswalt and Britt.
A representative of the Sentinel/Star was also present.
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 October 23, 1973 and of the Special Meeting
held November 1, 1973 were approved as written.
Mayor Smoak announced the first order of business to be a Board of Adjustment Public
Hearin9 to consider request of John B. Mitch~ll for a Variance to Section 26-21
(E) (3) of the Zoning Ordinance (Rear Yard Setbacks in an R-l Zone) of 12~ feet
in order to construct a double carport on his property described as [ot 9 in
City Block 4. There was no one present who voiced objection to the request,
whereupon motion was made by Councilman Schroedel, seconded by Councilman Beals
and carried that the request be granted.
Mr. A. M. Johnson, Council IS representative to the Lake Apopka Natural Gas District,
appeared before Council and, following a brief resume of the beginning of the Gas
District, submitted an up-to-date report. Mr. Johnson commented as follows: That
today the few gaS district bonds that are traded stay in the range of 72 to 75; That
there were not sufficient funds in 1967 for expansion whereby all bond holders were
contleted~ and agreed to pass interest payments for 2~ years enabling the district
to use these funds and improve the profit picture; The redemption schedule for the
bonds began in 1968 and on ~vember 1, 1973 the district had $385,000 in matured
bonds; That under the bond indenture, the district had been unable to sell additional
bonds, while in default, and after having consulted several invetment banking firms,
agreed upon one that would help in marketing an additional l~ million dollars 'in new
bonds but only possible by going into the federal courts under the municipal bankruptcy
act and petition for a plan of reorganization which has been done and which assures
that no bond holder or other creditor will lose one cent; That the financial picture
is brighter to date than anytime since 1967 and that the customer list had been
increased from 594 to 4827 and revenue from $62,000 to 1,383,000 with slightly over
19% of the sales being made in Lake County.
City Manager Hopkins reported on a proposed time schedule, as submitted by Dawkins
and Associates, for meeting the landspreading requirements for effluent disposal
from the sewage treatment plant which is a minimum of 14 months for implementing
a program from the time of authorization to locate suitable land, acquisition of~Rm~
same, through facilities designed, the acquisition of regulatory permits, the
advertisements, the bids, the award of contract and start of operation.
Mayor Smoak advised that Council was still investigating the possibility of utilizing
presently owned city properties (such as Sewage Treatment Plant Site - Little League I
Field and the adjoining Johnson property presently under condemnation-Sun&etLbake
area-Center Lake area-Sp~ll:k11ng Water Lake area- Oakhill Cemetery- Municipal Ball
Field and the Borrow Pitt at Highway 27 and Pitt Street) and to that effect, the
city officials were on the agenda of the Lake County Pollution Control Board meeting
to be held in Tavares on Monday, November 19th at 7:30 P. M. and he encouraged all
members of Council to attend that meeting.
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. Councilman Beals advised that in light of the tremendous financial hardship facirig------:~
-the City of- Clermont with the additio_natfacilities necessary fortneefflUent- disposal I.
that he thereby would propose and move that the Council serve without remuneration
until such time as" the city's current financial crisis is ended. The motion died
for lack of a second.
Councilman Byrd advised that, in his opinion, it has never been determined by
Council that the method of landspreading was to be the accepted methol for effluent
disposal, however he was advised that following reports, recommendations and through
a process of elimination it had been consensus of Council that this method was the
most feasible and economical and that Dawkins and Associates had been instructed
by Council to proceed with making application to federal agencies for funding, but
upon their recommendatjon at that time, not authorize them to proceed with finding
a suitable location for landspreading until such time as information was received
that funding would be available, which has not been received todate and which it was
now necessary that Council determine whether or not to proceed with total local
funding or continue to postpone deliberate action until funding assistance information
is received on the state and federal levels for fiscal year 1974. Mayor Smoak
advised that this was why he felt Council should meet with the Pollution Control
Board and determine their feelings about utilizing locally owned properties for
landspreading, which could be implemented soon, if approved. It was the opinion
of Councilman Beals that inasmuch as Council had been told last May to proceed
with possible acquisition of the Green Valley Country Club property, that it would
be a cruel hoax tmohold out hopes for a temporary plan of utilizing city owned
property by taking the effluent back into the community right over the existing
water supply and just a quarter of a mile from the water source well which is
presently giving problems and therefore Council should proceed with pursuing a
permanent solution.
City Manager Hopkins reported as follows: That he had received a request from
Martha Murry and Fred Jackson for the use of the municipal ball field on either
November 22nd or 23rd to hood a Thanksgiving carnival and to be sponsored by the
South Lake County Improvement Community Group. Motion was made by Councilman Byrd,
seconded by Councilman Beals and carried that the request be granted for use of the
field on Friday, November 23, 1973; That because of recent legislation in going to
a single registration throughout the county, it was necessary that Council determine,
with respect to registrations, one of two alternatives. One being for the Supervisor
of Elections to maintain an office locally and handle all registrations with the
city participating in one-half the total cost, or, to deputize someone within the
citYJbeing responsible for picking up and returning the books to the county office,
there being the "keeper of the registration rolls". It was the recommendation of
City Manager Hopkins that City Clerk Carroll be deputized by the Supervisor of
Elections to handle the registrations in Clermont. Motion was made by Councilman
Beals, seconded by Councilman Czech and carried that the recommendation of City Manager
Hopkins be accepted and the Registration Rolls of the City of Clermont be submitted
to the Supervisor of Elections, effective January 1, 1974) That there needed to be an
interpretation by Council as to the clOSing date for the city registration rolls prior
to the general election to be held on December 4th, inasmuch as the code appeared
ambiguous in its wording and could be interpreted either as November 23rd or November
30th. Motion was made by Councilman Beals, seconded by Councilman Czech and carried
that the Registration Rolls be closed on November 30, 1973 and that the additional
hours of one half da on the recedin Saturda and from 7:00 P. M. to 9:00 P. M.
on t e prec lng r, ay be provide for registratlon; That he agaln requested approval
of'Council for a 40 hour work week for the Departments of Community Services and
Public Utilities in light of more recent resignations in addition to the already
existing vacancies, whereupon motion was made by Councilman Beals, seconded by
Councilman Schroedel and carried that this request be granted. That the developers
of Edgewood Subdivision had fulfilled the required subdivision requirement regulations
and the recommended that their performance bond be released, whereupon motion was
made by Councilman Byrd, seconded by Councilman Beals and carried that this recommendation
be acce~ted; That he had received numerous requests for sanitary sewer assessment
maps an would thereby request authorization to have the maps reproduced and
offered for sale at a cost of $50.00 per set, whereupon motion was made by Councilman
Czech, seconded by Councilman Schroedel and carried that this requested be granted;
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That in order to provide a better distribution of effluent through the existing
spray irrigation, that he would thereby request authorization for the removal of
the trees located on the city owned portion of Block 142 of Johnson's Repiat,
whereupon motion was made by Councilman Beals, seconded by Councilman Schroedel
and carried that thiS request be granted provided that a row of trees along the 12th
Street'side'be.left'toserveas a buffer and that in view of the energy crisis,
he would request that Council give consideration to limited use or the elimination
of the Christmas lighting, whereupon motion was made b, Councilman Schroedel
seconded by Councilman Byrd and carried that the annua Christmas lighting
and decorations be hung, but without being lighted.
Councilman Beals briefly reported on the recent League of Cities convention held
in Mianri Beach, which he, the City Attorney and the City Manager had attended.
Councilman Schroedel briefly reported on the recent Cooper Memorial Library Board
meeting which he had attended as Council IS liaison representative.
Councilman Beals offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE III OF
APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT: DEFINING "0FF-STREET
PARKING": REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was
seconded by Councilman Byrd. The ORDINANCE was read by title only for a second and
final reading, and upon roll call vote on passage of the motion, the result was:
Ayes: Czech, Smoak, Beals, Byrd and Schroedel. Total Ayes: Five. Nayes: None. So
the ORDINANCE was adopted, the Number 98-C assigned to it and a copy ordered posted.
It was the suggestion of Councilman Czech that inasmuch as Council had voted favorably
to grant a lakefront easement recently on property which was later to be determined
to be privately owned, that an investigation be made of possible other Council
action of a like situation and he was assured by Mayor Smoak that City Attorney Vason
would make thorough investigations of such before drafting easements for Council
consideration.
Mayor Smoak called a Special Meeting of Council to be held at 5:05 P. M. on November
19, 1973 in the office of the City Manager to certify petitions of candidates and
authorize the ballot for the General Election to be held on December 4, 1973.
With regards to the straw vote questions which Council desires to appear on the
December 4th ballot, the matter was referred to City Manager Hopkins for the proper
wording and presentation to them for approval at the meeting to be held on November
19th.
Miss Diane Ogden, speaking for several youngsters from the neighborhood of the
city owned sink hole property abutting Magnolia Street between Holly and Ryan Streets,
requested that Council clean and possibly fill this property in order that the
youngsters might utilize it for a playground. This matter was referred to the
Director of Community Services and the City Manager.
Motion was made by Councilman Beals, seconded by Councilman Czech and carried that
the bills be paid.
Councilman Schroedel reported that he would like Council to consider the program of
starting a city owned nursery on available city owned swamp land utilizing sludge
from the sewage treatment sludge beds with the ultimate goal of beautifying several
different sites such as the fenced in area around the Highland Avenue water tower,
and that personnel presently employed in the Parks Department of the city was well
qualified to start such a program.
The meeting was adjourned by Mayor Smoak.
Claude E. Smoak, Jr., Mayor
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DO,tes W. Carro 1, Cl ty C erk