03-11-1975 Regular Meeting
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MINUTES
NQ 1123
REGULAR MEET! NG
A Regular Meeting of the City of Clermont was held in the Council Chambers on
Tuesday, March 11, 1975. 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, Blackburn and Oswalt. Other officials present were: City Controller Fleming
City Clerk Carroll, City Attorney Vason, Director of Community Services Smythe,
City Manager Hopkins and Chief of Police Tyndal. Others present were: Mr. and Mrs.
George Narehood, Mr. and Mrs. Gary Williams, and the Messrs. Dave Crowson, Leonard H.
Baird, Jr., Ted Williams, George Williams, C. E. Duncan and William F. Baker.
Representative of the Lessburg Commercial and the Sentinel/Star were 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 Special Meeting held February 19, 1975 were approved as
written. The Minutes of the Regular Meeting held February 25, 1975 were amended as
fo 11 ows. IIWi th regards request of A 1 Earl s for the re-zoni ng of Lots 1 thru 5 in
City Block 7 from C-l to C-2, motion was made by Councilman Blackburn, seconded
by Councilman Byrd and carried that the recommendation of the Planning and Zoning
Commission be accepted and the request be denied without prejudicell Motion was
made by Councilman Blackburn. seconded by Councilman Byrd and carried that the
request for the re-zoning of lots 1 thru 5 in City Block 7 be denied. Upon
inquiry by Councilman Oswalt if this be with or without prejudice, Mayor Smoak
advised that unless it is so stated in the motion, it is assumed it is with
prej ud ice. The Mi nutes were then approved as _n:d~t..
Mayor Smoak advised the request for a Variance by Marvin and Thelma Jones had been
withdrawn.
Mr. George Narehood, spokesman for a group of abutting and adjoining residents to
the Alvin Knight residence and the Williams Auto andflody Shop on lOth Street just
north of Highway 50, appeared before Council and urged that steps be taken to
eliminate and/or prevent unsanitary conditions existing, dogs running loose without
control, speeding on 10th Street, unnecessary loud and sometimes profane language
late at night, and the repairing of automobiles parked on street right-o-way,
which they contend originate from the above mentioned properties. These matters
were referred to the City Manager for his investigation and report back to Council.
It was suggested that the Lake County Health Department be contacted also with
regards investigati~ the complaint of unsanitary conditions existing.
Mr. C. E. Duncan, Attorney representing William F. Baker, appeared before Council
with regards Council's position that the agreement between the City and Mr. Baker
of December 11, 1968, should be terminated. Though not fully documented by neither
former Council nor Mr. Baker, it was the position of Mr. Duncan that the agreement
of 12/11/68 was binding and should be honored by present Council. Mr. Duncan
further suggested that his client was agreeable to negotiation in the matter and
suggested that the city offer $500.00 annually for the remainder of the 20 year
period to operate his irrigation system in lieu of the existing situation whereby the city
has been standing total cost of fuel and maintenance. Council was not in full accord
with this suggestion, and in order to conclude the matter with agreeable satisfaction
to both parties, motion was made by Councilman Byrd, seconded by Councilman Oswalt
and carried that Mayor Smoak appoint a committee to meet with Mr. Baker and his
representative in an effort to formulate an amiable compromise. Mayor Smoak and
Councilman Blackburn voted, Naye, on passage of the motion. Mayor Smoak advised his
vote would be in the negative inasmuch as he felt the city had completed all
agreements with Mr. Baker as had been documented. Mayor Smoak appointed a committee
of City Attorney Vason, City Manager Hopkins, and Councilman Oswalt as directed in
the motion.
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MINUTES
NQ 1124
Mr. Dave Crowson of Dawkins & Associates, Inc. consulting engineers, appeared before
Council to give a current status report on the existing projects for which they
have been engaged by Council to do for the city, and to elaborate on the many facets
involved in such projects as well as the determination and basis of their engineering
fees for same. It was the opinion of Mayor Smoak that there had been an increase
in the engineering rates on current invoiced than had been agreed upon in the
executed agreement of June 28, 1973, and Mr. Crowson agreed to investigate this
matter.
City Manager Hopkins had submitted a written report to Council previously, but just
having immediately returned from the League of tities Meeting in Tallahassee,
appeared before Council and gave a brief report on what he determined to be a very
informational and beneficial meeting in that future prospects for more independence
of municipalities to handle their own problems without the many legal ties of
state directives, looked favorable in the forthcoming legislative session.
With regards the status report received on the Seminole Well wherein it had been
necessary to over run the l811 casing some 47 feet in order to find suitable formation
that has been approximated at 180 feet and resulting in a cost increase of $9.50
per lineal foot, motion was made by Councilman Byrd, seconded by Councilman Blackburn
and carried, that this be the only reasonable alternative and thereby Council be
in concurrence. Mayor Smoak and Councilman Oswalt voted, Naye, on passage of the
motion
~~ regards the legal oplnlon received advising that the Administrative Procedures
Act did not apply to the Florida municipalities necessitating agenda deadline and
publishing of same, Council was in agreement with City Manager Hopkins to continue
the policy in an effort to keep the public more fully aware of, and possibly generate
more public interest of, the many considerations undertaken by Council in the operation
of the municipality. In order to reduce publishing costs, it was suggested that
the format of council meeting agenda publications be restricted to any special
considerations to be made thereby deleting the regularly scheduled routine matters
of Council.
City Controller Fleming reported that the first payment of 1974 ad valorem tax
monies had been received in the amount of $31,713.90.
Councilman Oswlat, as a member of the Lakes Improvement Committee, reported there
had been some possibility of committing the city on projects without full prior
approval of Council, and that this certainly not being the intent of the committee,
would welcome feelings of Council as to their direction.
He further reported that the committee was very anxious to do something IIgoodll for
water with the excellent help of Sandy Young of Biological Research Associates,
and that it had been the committee, working through Mr. Young, that had picked
the three lakes in the city that might be pilot projects. It was the opinion of
Mayor Smoak, and Council was in agreement, that the 1974-75 budgeted amount of
$l500.00 was to be utilized by the committee in their preliminary and initial studies
of steps for improvement of the city's many lakes, but that in the utilization
of these budgeted funds, that no firm committments nor actions of any kind be made
without prior approval of Council. Mayor Smoak further suggested that Council make
a prior determination as to direction for the Committee to take should the city be
included in the 1120811 program for financial assistance.
Councilman Shroedel, liaison representative to the Cooper Memorial Library Board,
reported as follows: That a new set of by-laws for operation of the library had
been formulated by Attorney Roy Caldwell and was available for distribution if desired;
That necessary legal documents for the incorporation of the Cooper Memorial Library
Association as a non-profit organization had been drawn; That bids for the proposed
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MINUTES
NQ 1125
addition to the library had been received and awarded to the low bidder, Robert
Drew @ a cost of $21,500.00 with a contemplated completion period of four months;
That $l505.00 had been realized todate from the fund raising drive, and that a
special summer program would be attempted by the library again this year, though
it shall be without state financial assistance. Councilman Schroedel further
reported on a complaint he had received with regards parking in front of private
residences by persons utilizing the activities afforded at Kehlor Park. This matter
was referred to City Manager Hopkins.
Motion was made by Councilman Schroedel, seconded by Councilman Byrd and carried
that the bills be paid.
Councilman Oswalt offered and moved the adoption of a RESOLUTION with regards time
and place of Public Hearing to be held concerning the sanitary sewer improvments
to Minnehaha Estates. The motion was seconded by Councilman Blackburn and unanimously
carried. The RESOLUTION was read by:xitle only, by Mayor Smoak and the Number 254
assi gned to it.
With regards establishing a policy for tree maintenance, City Manager Hopkins was
requested to formulate recommendations as to the cityls need and possible costs
for such a program for discussion in workshop session on a later date.
With regards requested renewal for lease of a city owned building by Landseair,
the original having been executed in 1966, City Manager Hopkins was requested to
submit suggestions and recommendations for possible development of a new lease
to be more in accord with current costs and property rentals, for Council's
consideration.
With regards the site plan submitted for the proposed construction of a basketball
court at Jaycee Beach, motion was made by Councilman Blackburn, seconded by Councilman
Schroedel and carried, that it be accepted and the City Manager be instructed to
proceed with construction. Mayor Smoak requested that City Manager Hopkins furnish
a construction schedule to Council.
With regards appointed of a City Attorney to succeed Robert F. Vason, Jr. recently
resigned, nominations of Leonard H. Baird, Jr. and Tom K. Doughtery were submitted.
In open balloting on the two nominees, the results were:
Leonard H. Baird, Jr.
Councilman Schroedel
Councilman Byrd
Councilman Oswalt
Mayor Smoak
Tom K. Dougherty
Councilman Blackburn
Following this action, Robert F. Vason, Jr. vacated the seat of CityAttorne.va~d it
was assumed by Leonard H. Baird, Jr. Expressions of~p-preciation for courtesies,
cooperation, etc. were extended between Mr. Vason and Council, and Mr. Vason was
presented with his nameplate from the Council table.
Considerable discussion took place with regards a possible need for additional
council meetings and/or work sessions each month, and it was final conclusion that each
member of Council and the City Manager formulate his own ideas and suggestions for
presentation in workshop session on Tuesday, March 18, 1975 in the Council Chambers
at 7:30 P. M.
With regards request of the Clermont Garden Club for the city to install an irrigation
system in the yard at the garden cl ub facil ity, it was consenssstthat-:.:tbecti,1;Y,iwoidd
be in error to expend ad valorem tax monies to benefit private organizations, such
as the Garden Club is. Motion was made by Councilman Oswalt, seconded by Councilman
Blackburn and carried that this request be regretfully denied. Councilman Schrodel
voted, Naye, on passage of the motion. With regards the land on which the Garden Club
building is located, and which was popularly believed to be owned by the City of
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NQ 1126
Clermont, it was reported to Council that thru error some several years ago, this
property did then, and still does today, appear on the current tax roll as being
owned by Lake County. City Attorney Baird was requested to research the legal ownership
and report back to Council.
With regards the deplorable condition of a private street located between East
Montrose and East DeSoto, known as Freeman Lane, and regularly used for public
purpose, it was the recommendation of City Manager Hopkins that Council obtain title
to the street through quit-claim deeds from the owners in order that it might be
imrpoved and have regular maintenance. He further reported the present owners
have not assumed responsibility for the street maintenance inasmuch as it is
regularly used for public purpose, and deterioration of same had been partially caused
from water run-off from the dedicated street, DeSoto Street. Motion was made by
Councilman Byrd, seconded by Councilman Schroedel and carried that City Manager
Hopkins' recommendation be accepted and he be authorized to proceed with
obtaining the necessary quit-claim deeds.
Mayor Smoak adjourned the meeting at 11:00 P. M.
W~M~ ~/ /;;AA~
Dolores W. Carroll, City lerk
{!J~
Claude E. Smoak, Jr. Mayor