01-24-1974 Special Meeting0
MINUTES
SPECIAL MEETING
No. 1006
A Special Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Thursday, January 24, 1974. The meeting was called to order at
7;00 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Waller, Byrd, Schroedel and Oswalt. Other officials present were:
City Manager Hopkins, City Clerk Carroll, City Controller Fleming, Director':Crmmunity
Services and Utilities Smythe, and Chief of Police Tyndal. Others present were:
Mr. and Mrs. Randy Hunt, Mesdames VanArsdale and Barberry, and the Messrs. Jones,
Matthews, Czech, Prior, Hovis, Blanchard and Seaver.
Mayor Smoak announced the purpose of the meeting was to consider "Project Clermont"
and the proposed lease agreement with the Oswalt Estate.
In an effort toward cooperation on the part of the city and in order to expedite
"Project Clermont", the following recommendations were submitted by City Manager
Hopkins for consideration. Mr. Hopkins further advised that he was recommending
less cutting of the pavement than had been proposed in the original concept due
to the location and age of the utility lines underneath the pavement, and, that
inasmuch as there would be a loss of public parking spaces, he felt that the proposed
construction areas should be roped off prior to construction in order to solicit
the public's reaction.
1. "Project Clermont" = Prepare layout -show location of benches, plantings
(by name), etc. Mark layout on street.
2. Wait 15 days for citizen reaction.
3. "City" = City will cut street only in areas to accommodate trees and other
large plantings (selected locations); Benches will be on existing pavement -
remainder of area will be landscaped with non vegetative ground cover.
4. "Project Clermont" - Construct Benches.
5. "City" = Install irrigation to selected area designated for trees and
other live plantffigs.
6. "City" = Construct curb -set on existing pavement -"' asphalt.
7.
"Project
Clermont" =
Plant trees and other live plantings.
8.
"City" =
Put in fill
dirt.
9. "Project Clermont" = Put non vegetative ground cover in place (sterile).
10. "City" = Maintain -provide water.
The Council and representatives of "Project Clermont" were in unanimous agreement with
these recommendations. Inasmuch as recommendation number two was to allow time for
public reaction to the loss of parking spaces, council action was postponed until
the meeting to be held on February 12, 1974.
Attorney George E. Hovis, representing the trustee of the Oswalt Estatei,l, appeared before
Council and submitted two proposed lease agreements (Lease A and Lease B) in which
the changes as recommended by City Attorney Vason had been incorporated. A copy of
the City Attorney's recommended changes are attached hereto and shall become a part
of these minutes.
Mr. Hovis advised Council that he was in agreement with the minor changes as proposed
by the City Attorney, but that he would have to consult further with the trustees of
the estate with regards accepting the majorchange as outlined in paragraph 1 (b),
MINUTES No. 1007
SPECIAL MEETING
and that was the purpose of submitting the two proposed leases, Lease A containing
the major change insertion of paragraph 1 (b), and Lease B containing the minor changes
without insertion of paragraph 1 (b).
It was the consensus of Council that this matter needed to be expedited without
further delay, whereupon motion was made by Councilman Schroedel, seconded by
Councilman Waller and carried that the Mayor and Clerk be authorized to execute both
proposed lease agreements and Mr. Hovis be requested to initially submit Lease A
to the trustees for execution. Councilman Oswalt abstained from voting on the
motion.
Mr. Henry Czech appeared before Council and made inquiries as follows: He inquired
of Mayor Smoak if work had begun on the borrow pit for the effluent disposal prior
to the lease agreement having been executed, and Mayor Smoak advised that it had. He
inquired of City Manager Hopkins if he had authorized such work, in accordance with
the directive of Council at their meeting on January 8th, and Mr. Hopkins advised that
he was present when the work was initiated, but that to his knowledge there had been
no written authorization and that he had issued no purchase orders. Mr. Czech questioned
the legality and best interest of the tax payers in transacting city business in that
manner, whereupon Mayor Smoak advised that engineers had submitted a cost of $3500.00
just to determine whether or not the location would be suitable as a borrow pit for,
effluent disposal which, including these fees, would have at least doubled the cost
for the entire project, and, that the research work by the engineers alone would have at
least exceeded the entire cost of construction work on the project, and he therefore
felt that the procedure as followed was only in the best interest of the tax payers
in a savings of their tax dollars.
The meeting was adjourned by Mayor Smoak.
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