06-10-1975 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, June 10, 1975. The meeting was called to order
at 7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members
present: Councilmen Blackburn, Byrd, Schroedel, and Oswalt. Other officials
present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll,
Director of Community Services Smythe, City Controller Fleming, and Chief of
Police Tyndal. Others present were: Mrs. Ella Mae Sheldon and the Messrs.
Czech and Matthews. 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 on May 27, 1975 and of the Special
Meeting held on May 29, 1975 ,were approved as written.
Mayor Smoak announced the first order of business to be a Public Hearing to
consider request by D. R. Campfield of Leesburg Signs for a Variance to
Section 26-79.4 (TEMPORARY IMPROVEMENT SIGNS) of the Zoning Ordinance in order
to place a sign on property in Clermont Heights Subdivision owned by South
Lake Plaza, Inc. There was no one present representing the petitioner,
however, he had requested the variance in order to place a sign 64 square feet
larger than allowed in order to be readable to the public from Highway #50. Inasmuch
as a site plan for any proposed construction at this location had not been
filed for Council1s consideration, which is required, and inasmuch as Council
felt a sign at the proposed location would not be effective from the Highway \
regardless of size, motion was made by Councilman Blackburn, seconded by
Councilman Schroedel and unanimously carried that the request be denied.
City Manager Hopkins reported as follows: That efforts were underway to employ
one WSI certified supervisor/instructor and four instructors with a minimum of
Senior Life Saving to conduct a summer swimming program at an estimated cost
of $800.00, and inquired of Council as to their feelings regarding charging
fees for the program and distinguishing between in-city and out-of-city residents.
It was suggested by Mr. Hopkins that a fee of $2.00 be made for in-city and
a $5.00 fee for out-of-city residents. Council was in agreement with the
suggestion, and motion was tbereby made by Councilman Byrd, seconded by Council-
man Oswalt and unanimously carried that the suggestion of fees made by City
Manager Hopkins be accepted and he be authorized to proceed with finalization
of details for the program. Inasmuch as it was not possible to determine the
number of participants there would be in the program, Council further authorized
City Manager Hopkins to expand the program with the employment of additional
instructors, if there was need for more, or, to employ less than proposed, if
that be the case. Mr. Hopkins also reported that the bulldozer work on the dike
at the borrow pit had been completed this date; That installation of a spray
irrigation system was underway on the Johnson property; That inasmuch as the
vehicle inspection facility at the city barn did not provide an on-site testing
area nor had a brake testing machine, as required by the state as of June lst,
it would now be necessary to have all city vehicles inspected at the inspection
station in Minneola; That effective June 11th, Mr. Harvey Nagel would be in
charge of the newly created Community Development Department with charge
of the Building Inspection and Code Enforcement programs, responsible directly
to the City Manager, and, Mr. Bob Smythe would devote full time to Public Works,
and, That Council and other city administration officials had been invited to
tour the recent new addition of Cooper Memorial Library.
Upon inquiry by Mayor Smoak, Messrs. Baird, Smythe and Czech, Chairmen of the Charter
Revision, Building Code, and Planning and Zoning Commission respectively,
reported finalization of recommendations by their committees was well underway
and would be submitted for Council's study and consideration by the final meeting
in June. Mayor Smoak advised it was his hope that following consideration
by Council, an open town meeting could be held to discuss the proposed changes
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NQ 1154
to the Charter, and then place such a question on the December Election Ballot for
input from all voters of the city.
Councilman Schroedel, liaison representative to the Cooper Memorial Library
Board, reported that the new addition to the Library was almost complete
and the Board was extending a special invitation to Council and city officials
to tour the new addition of which they were quite proud. Mr. Schroedel further
reported that the Library Board was requesting additional financial assistance
from the city in the amount of $2,000.00, their immediate need between now
and the end of the fiscal year on September 30th, and, respectfully requested
that Council consider an increase from $15,000 to $17,000, the city's
contribution to the Library, in the175-176 budget. Motion was made by
Councilman Oswalt, seconded by Councilman Byrd and carried that any action on
these requests be postponed until after the meeting of Council and Library
Board to tour the new addition. Councilman Schroedel further advised that
state financial assistance was available to libraries belonging to county
library associations, but that none had ever been established in Lake County.
It was the opinion of Councilman Byrd that the matter of the Clermont City Council
establishing such a county association should be pursued in order to take
advantage of available state monies for libraries, and City Attorney Baird
agreed to investigate the matter.
Counci lman Byrd~reqiJested that City Clerk Carroll research: past minutes as t()(lwhom
it was reported to Council would be the donors for construction of tennis
courts at the Elementary School and what portion they were to donate.
City Clerk Carroll read a communication from Tom K. Dougherty wherein he felt
that actions of City Council, sitting as a Board of Adjustment, were without
authority in granting many variances inasmuch as, according to Council Meeting
Minutes, it was not determined that a hardship to the petitioner would result
if there were a literal enforcement of the zoning ordinance. He further
inquired of Council's intentions, if this be the case. Council was not in agree-
ment that this be the case at all, that their "Yes" and "No" votes on granting
or denying variances had been fully and solely based on legitimate reasons
submitted, and that no action on this inquiry was warranted. inasmuch as Mr.
Dougherty had not mentioned specifics with documentation, however, Mayor
Smoak agreed to meet and discuss this matter with Mr. Dougherty.
Motion was made by Councilman Oswalt. seconded by Councilman Blackburn and
r.arri~d that th~ bills b~ paid.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING 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 THE REAL PROPERTY DESCRIBED
HEREIN FROM R-l-A 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 Blackburn. The ORDINANCE was read for a second and final reading
by City Clerk Carroll, by title only, and upon vote on the motion, the result
was: Ayes: Oswalt, Byrd, Blackburn, Schroedel and Smoak. Total Ayes: Five. Nayes:
None. So the ORDINANCE was adopted and the number 129-C assigned to it.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 22-10 OF THE CODE OF
ORDINANCES: DELETING THE SECOND SENTENCE OF SUBSECTION (a); REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN
EFFECTIVE DATE and the ORDINANCE was read for a first reading by City Clerk
Carroll, by title o~ly.
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Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 22-l0 OF.THE CODE OF
ORDINANCES: PROVIDING FOR THE WORDS IIAND/OR CABII TO BE DISPLAYED: REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN
EFFECTIVE DATE and the ORDINANCE was read for a first reading by City Clerk
Carroll, by title only.
Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE
CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SECTION 26-28 OF THE CODE OF
ORDINANCES: PROHIBITING LOITERING: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH:
PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR
PUBLICATION and the ORDINANCE was read in full for a first reading by City Clerk
Ca rro 11.
City Manager Hopkins reported on a single bid received for approximately 85,700
square yards of slurry seal from the J & B Slurry Seal Company of Florida
@ 35 t per square yard, and recommended that they be awarded the bid. Motion was
made by Councilman Schroedel, seconded by Councilman Oswalt and unanimously
carried that this recommendation be accepted and the bid be awarded to J & B
Slurry Seal Company.
Motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously
carried that Cit Attorne Baird be re uested to re are the necessar RESOLUTION
providing for a lump sum payment of 1322.88 from the cityls pension fund to A. M.
Johnson for a deficiency in his monthly pension fund benefits @ $21.40 plus
6% interest from Januar 1 1971 thru June 30 1975, rovidmn for monthl benefits
after June 30th @ 122.00 per month, as had been reported and recommended by
the city's pension fund actuary, Dr. William M. Howard, due to a miscalculation
of retirement pension benefits.
With regards request by Mr. James R. Beasley to sel.l packaged ice cream products
in Clermont's public parks, it was the recommendation of City Attorney Baird that
Council inform Mr. Beasley that operating a business at a public park is prohibited.
He further reported it was his opinion that Mr. Beasley could operate on the
public streets, provided his operation adhered to the usual traffic rules and was
not determined to be hazardous to the general flow of traffic. Motion was made
by Councilman Byrd, seconded by Councilman Schroedel and carried that the
recommendation of the City Attorney be accepted and Mr. Beasley be advised that
his request is denied.
The meeting was adjourned by Mayor Smoak at 9:30 P. M.
OfltAA~ '0 (;~
Dolores W. Carroll, City Clerk
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