01-28-1975 Regular Meeting
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MINUTES
NQ 1110
REGULAR MEETI NG
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, January 28, 1975. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Byrd, Schroedel and Oswalt. Other officials present were: City Manager
Hopkins, DirectOr of Community Services Smythe, City Attorney Vason, City Controller
Fleming, Chief of Police Tyndal and Deputy Clerk Dollar. Others present were: Mr. and
Mrs. John Aull, and Messrs. Jones, Bailey, Wootson, Hovis, Mechtold, Corregan and
West. 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 he]d on January 14, 1975, were approved as wri,tten.
Mayor Smoak announced the first order of business to be the continuation of the request
by Marvin and Thelma Jones for a Variance to Section 26-22 (C) (3) (LOT AREA PER
FAMILY) of the Zoning Ordinance in order to construct a duplex on the East 177.5 feet
of the South 45 feet of Lot 13 in Lettered Block BB. Mr. Nick Jones, representing
Mr. and Mrs. M. Jones, presented information requested at the last council meeting.
He adv;-sed that they would as owners be willing to dedicate an easement to the City
of eight feet across the south end of the property; also as owners, they would be
willing to incur the costs for the relocation of the inlet which will be a three-way
catch basin. Mr. R. A. Corregan and Mr. and Mrs. M echtold voiced Objections to the
City permitting a duplex, as planned, to be constructed on this property; nowever,
Mr. eorregan~~ad no objection to an easement. Followlng Council discussion on other
items such as written proposals from the owner pertaining to the easement, storm drain
and acceptance of the storm drain proposal by the County, motion was made by Council~
man Byrd that the Variance be granted. The motion died for a lack of a second. Motion
was made bY Councilman Oswalt, seconded by Councilman Schroedel that the hearing on
the rantin of the Variance be continued until the next re ular Council meetin .
U on rol call vote on assa e of the motlon the result was: A es: Oswalt, Schroedel
an moa. Total Ayes: Tree. Nayes: Byr. Tota Nayes: ne. The motlon carrled.
Mayor Smoak announced that Council would now sit as a Board of Adjustment to consider
a request from John U. Aull for a Variance to Section 26-23 (E) (3) Rear Setback on
property described as Lot One, Block Four, Sunnyside. The Mayor referred to corres-
pondence from the City Manager to Council specifying the reasons for this request,
copy of which is attached to these minutes, and stated the initial request granted
to Mr. Aull on October 9, 1973, did not include a request for another six-inch setback
and it was his opinion that the request should be granted. There was no one present
who objected to the Variance. Motion was made b Councilman Oswalt, seconded b
Councilman Schroedel, and unanimous y carrle t at t e Varlance e grante .
Mayor Smoak announced the Council would continue to sit as a Board of Adjustment to
consider application by T. L. Wootson for a Variance to Section 26-60 of the Zoning
Ordinance (Existing Lots) on property owned by him and described as Lot 10, Pinecrest.
There was no one present who objected to the Variance. Motion was made by Councilman
Byrd, seconded by Councilman Schroedel and unanimously carried that the Variance be
granted.
City Manager Hopkins reported as follows:
That Mr. Leonard Baird, Jr., chairman of the Charter Revision Committee, has asked
him to report to Council that the Committee has been meeting on a regular basis; that
they have concluded their initial review of the Charter and are now in the process of
developing final wording for consideration by the Committee of the Charter.
That the timer for the dock lighting at the fishing pier has been ordered and will be
installed as soon as the necessary material are available.
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NQ 1111
City Manager Hopki~s reported on a meeting that he and City Attorney Vason had with
Mr. Baker regarding the irrigation well. He stated they attempted to approach the
subject from two angles: (I) to take a firm position in that the City desired to
terminate the agreement, and (2) on the basis of certain amendments to the agreement.
However, Mr. Baker indicated that he was not in favor of terminating the agreement,
that he would defend the agreement even up to legal action. Mr. Baker, however, was
agreeable to a compromise. Mr. Hopkins continued with considerable background infor-
mation on the events leading up to the existing agreement with Mr. Baker and stated
it is his co~lusion that the City should attempt to work out an agreement to continue
on the same basis, with some limitations to protect the City and that he had no
recommendation as to whether the City should terminate the contract or not, but that
he did feel both parties had entered the agreement in good faith. Council considered
the agreement further. Mayor Smoak maintained the City should terminate the agreement
with Mr. Baker. Others of the Council felt that some compromise with Mr. Baker should
be considered. Motion was made b Mr. B rd seconded b Mr. Schroedel that the Cit
Mana er and Cit ttorne contlnue t elr ne ot atlons Wlt r. Ba er towar s a OSSl-
b e compromlse and that t ey restu y t e preVlOUS agreement and prepare some charts
to show the Cityls position, and that this matter be continued. A motion to amend
the preceding motion was made by Councilman Oswalt and seconded by Councilman Byrd
that the Cit Mana er and Cit Attorne contact Mr. Baker in terms of returnin the
LP gas engine to him and allowing a sum of 200.00 annually for fuel. The motion as
amended carried unanimously.
Mr. Hopkins further reported that the removal of the trees on the Johnson property
had been started.
City Controller Fleming reported that the City still has approximately $5,000.00 in
the general fund and with the anticipation of the water and sanitation monies at the
first of the month, this will carry us to the end of February and hopefully we will
begin to receive tax monies.
City Attorney Vason stated he had no report to make, but that he was still reviewing
the Michaels-Stiggins agreements and would have a report for the next meeting.
Mayor Smoak commented on the reports of the Borrow Pit, and on his on-site observations
and that he was glad to see the Borrow Pit finally functioning properly.
Councilman Oswalt offered and moved, the adoption of AN ORDINANCE UNDER THE CODE OF
ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUB-SECTION (B) (2)
OF SECTION 26-28 OF THE CODE OF ORDINANCES: ESTABLISHING A RATE SCHEDULE FOR APPLICA-
TIONS FOR CHANGES IN ZONING; 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 for a second and
final reading, by title only, by City Attorney Vason and upon roll call vote on passage
of the motion, the result was: Ayes: Oswalt, Schroedel, Byrd and Smoak. Total Ayes:
Four. Nayes: None. Absent: Blackburn. So the ORDINANCE was adopted and the Number
128-C assigned to it.
Resolution No. 251 Authorizing the issuance of Not exceeding $323,100 Water and Sewer
Revenue Bonds was discussed by Council and it was the consensus that before a vote
was taken on the Resolution that Council be furnished a clarification of the $323,100
to be borrowed, that the City was not committing themselves to an amount of money that
was not required. Mr. Hopkins advised that he will contact FHA and pose the question,
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MINUTES
NQ 1112
should the City not need this amount of money that they will not be obligated to borrow
it and subsequently pay it back with interest.
Councilman Oswalt introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING THE CITY OF CLERMONT TRAFFIC
INFRACTIONS BUREAU, APPOINTING THE MUNICIPAL JUDGE AS THE CHIEF ADMINISTRATIVE AND
JUDICIAL OFFICIAL OF THE TRAFFIC INFRACTIONS BUREAU, DESIGNATING THE CLERK OF THE
COURT AS THE TRAFFIC INFRACTIONS BUREAU OFFICER TO RECEIVE PAYMENT OF CIVIL PENALTIES
PAID UNTO THE TRAFFIC INFRACTIONS BUREAU; REPEALING ALL ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE and the ORDINANCE was
read for a first time by Mayor Smoak by title only.
Councilman Oswalt offered and moved the adoption of THE EMERGENCY ORDINANCE as intro-
duced and described immediately above, and the motion was seconded by Councilman Schroedel.
THE EMERGENCY ORDINANCE was read for a second and final reading by Mayor Smoak by title
only, and upon roll call vote on passage of the motion, the result was: Ayes: Oswalt,
Schroedel, Byrd and Smoak. Total Ayes: Four. Nayes: None. Absent: Blackburn. So
the EMERGENCY ordinance was adopted and the Number 71-M assigned to it.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, LAKE COUNTY, FLORIDA, ESTABLISHING THE CITY OF CLERMONT TRAFFIC INFRACTIONS
BUREAU, APPOINTING THE MUNICIPAL JUDGE AS THE CHIEF ADMINISTRATIVE AND JUDICIAL OFFICIAL
OF THE TRAFFIC INFRACTIONS BUREAU, DESIGNATING THE CLERK OF THE COURT AS THE TRAFFIC
INFRACTIONS BUREAU OFFICER TO RECEIVE PAYMENT OF CIVIL PENALTIES PAID UNTO THE TRAFFIC
INFRACTIONS BUREAU; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERA-
BILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION and the ORDINANCE .
was read for a first reading by Mayor Smoak, by title only.
Mayor Smoak stated that Council had failed to elect a Mayor Pro Tem at the organizational
meeting. It was placed on the agenda for action and the election was made as follows:
Mayor Pro Tem
Carlisle A. Byrd, Jr.
Motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously
carried that the City Manager and Mayor be authorized to execute a Letter of Conditions
of Contract with the FHA in the amount of $168,100, in connection with the loan for the
Sanitary Sewer System~
The meeting was adjourned by Mayor Smoak at 9:30 P. M.
/Jz,f~
M. Dollar, Deputy Clerk
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Claude' E. Smoak, Jr., Mayor