01-04-1974 Regular Meeting (2)
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M I NUT E S
REGULAR MEETING
No
1000
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, January 8, 1974. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Schroedel, Byrd, Beals and Czech. Other officials present were: City
Controller Fleming, City Clerk Carroll, City Attorney Vason, City Manager Hopkins,
Director of Community Services Smythe and Chief of Police Tyndal. Others present
were: Mr. and Mrs. W. F. Perry, Mr. and Mrs. W. O. Boone, Mrs. Esther Fox and the
Messrs. Waller, Oswalt, Loomis, Beals, Black, Wade, Carden, Hovis and Prior.
Representatives of the Daily Commercial, the Sentinel/Star and the local Press were
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 on December 27, 1973 were approved as written.
Mayor Smoak announced the first order of business to be a public ~earing to consider
request of Mrs. Esther Fox for a variance to Section 26-20 (C) (2) of the Zoning
Ordinance ( Lot width requirements in an R1A zone) in order that Lot 6 in Clermont
Heights be established as a buildable lot with a frontage of 88.5 feet. Motion was
made by Councilman Schroede1, seconded by Councilman Czech and carried that this
request be granted.
Upon inquiry of City Attorney Vason if he had received an opinion from the Attorney
General as to the legality of Council taking action on proposed Ordinance 101-C, he
advised that he had not, but that in his research he had found no ordinances nor
statutes which indicated that Counci1's passing of an ordinance reclassifying a
Zone would be illegal. Councilman Beals reported that the city charter specifically
states that a person must have a substantial interest to create a conflict of
interest and that he personally did not feel his prescribed interests in the proposed
bank constituted a conflict of interest, but that in the event a negative opinion
is received from the Attorney General, he would immediately divest himself of any
interest in the proposed bank by disposing of the stock which he has prescribed for,
and based on these remarks, he would offer and move the adoption of AN ORDINANCE
UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMEND1NG
THE OFFICIAL ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1
OF APPENDIX A OF THE CODE OF ORDINANCES: REZONING LOTS 1 THRU 16, BLOCK 84,
AND BLOCK 89A FROM C-1 ZONING CLASSIFICATION TO C-2 ZONING CLASSIFICATION: REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE
DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Schroedel.
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:
Schroede1, Beals and Czech. Total Ayes: Three. Nayes: Byrd. Total Nayes: One.
Abstaining: Smoak. So, the Ordinance was adopted, the Number 101-C assigned to it
and a copy ordered posted.
Councilman Byrd offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 3-4
OF THE CODE OF ORDINANCES: REGULATING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES
WITHIN THE CITY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR
SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the
motion was seconded by Councilman Schroede1. The Ordinance was read in full for a
second ind final reading by City Attorney Vason, and upon roll call vote on passage
of the motion, the result was: Ayes: Schroede1 and Byrd. Total Ayes: Two. Nayes:
Bea 1 s, Smoak: and Czech. Total Nayes: Three. The motion fa i 1 ed to carry.
City Manager Hopkins reported as follows: That he had been unable to employ a
licensed treatment plant operator who would also serve as Utilities Director, based
on the city's pay scale, and therefore an organizational change had been made
whereby Bob Smythe had assumed overall administrative control and supervision of
the Utilities Department with a newly hired licensed operator being in charge of
the treatment section and Leo Creech being assigned to the water section; and,
That with regards the effluent disposal project which is currently underway,
he had made contact with the property owners involved regarding the necessary
easements and shall be meeting with them in the immediate future.
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M I NUT E S
No. 1001
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With further regards to the effluent disposal project, Richard Oswalt reported
that he had met with the trustees of the Oswalt property involved, and that a
proposed lease had been prepared which he submitted to Council. It was the
suggestion of Mayor Smoak that Attorney Vason and members of the Council review
the proposed lease and then hold a Special Meeting of Council to authorize the
execution of same in order to expedite the matter. Mayor Smoak entertained a motion
that the City Manager be authorized to pursue the matter of the effluent disposal
porjectto its ultimate conclusion and in whatever manner is deemed advisable by
hi.m,.whereupon.motion to proceed in thi s matter was made by CounCilman Czech, seconded
.' b.y' Counct1li1an . Bea 1 S . and' carri ed.
City Attorney Vason reported he had received an appraisal of the Johnson property
as made by Larry King, and that it was in the amount of $48,000.00.
Attorney George E. Hovis reported to Council that he had been retained by.Robert
Paxton to research the 1akefront property on which he holds an easement from the
city to determine the ownership of same, and that he is of the opinion that the
property is owned by the city, but he questions whether the city owns it as separate
property or as part of a street. He advised that he would submit his findings
and recommendations to Council at a later date and in writing.
Motion was made~.tvCounci1man Beals, seconded by Councilman Czech and carried that
the bills be paid.
Councilman Schroede1 reported that he had received a complaint with regards garbage
being placed on the lawn and not in covered containers at 1140 8th Street. This
matter was referred to City Manager Hopkins.
Expressions of thanks and appreciation were exchanged between Mayor Smoak and retiring
Councirmen Beals and Czech for cooperation and services performed while serving
as members of the City Council.
The meeting was adjourned to an organization meeting, whereupon the Oath of Office
was administered by City Clerk Carroll to Councilmen-Elect Richard E. Oswalt and
Dan A. Waller and they were seated at the council table.
ORGANIZATIONAL MEETING
Mayor Smoak extended a welcome to the new members of the City Council and called
the organizational meeting to order.
Mayor Smoak announced the first order of business to be the various board and commission
appointments, the election of a Mayor Pro-Tem and the election of a Municipal Judge.
They were made as follows:
Mayor Pro-Tem
George Schroede1
Planning and Zoning Commission - One Year Appointment
Ronald Carden
Francis Loomis
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M I NUT E S
No. 1002
Planning and Zoning Commission - Two Year Appointment
, Henry Czech
George E. Hovi s
A.E. (Gene) Lang1 ey
Oakley Seaver
Richard B. Williams
Plumbing Board - One Year Appointment
Morton J. Barnes
William Lawson
Electrical Board - One Year Appo~ntment
William Britt
Seldon Hanks
Jesse L. Madden
John Minor
Bui1din$l Board of Appeals - Three Year Appointment
Jean Winston
Pollution Control Board -
Indefinite Term
Mayor Claude E. Smoak, Jr.
Dan A. Waller, Alternate
Liaison Representative to the Library Board
George Schroede1
Liaison Representative to the Chamber of Commerce
Carlisle A. Byrd, Jr.
Municipal Judge - One Year Term
R. W. Waters
An election of a Second Judge was not made at this time, pending a recommendation
from Judge Waters, who had advised that because of ill health, John W. Parks would
no longer be able to serve.
Council members requested City Manager Hopkins to investigate the following matters
which had been brought to their attention:
Chuck holes on B10xam Avenue between Highway 50 and
Minnehaha Avenue
Consideration of changing the stop lite at the
intersection of 7th and Montrose Streets back to a
caution lite
Prevention of parking on both sides of Osceola Street
between Fifth and Eighth Streets
Prevention of parking on both sides of Fourth and Ryan
Streets between Chestnut and Seminole
The meeting was adjourned by Mayor Smoak
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Do res W. Carrol , City C erk
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