06-17-1975 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1156
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, June 17, 1975. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members present:
Councilmen Oswalt, Blackburn, Schroedel, and Byrd. Other officials present
were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, City
Controller Fleming, Director of Community Services Smythe, and Building Official
Nagel. Others present were: Mesdames Oswalt, Sheldon, Ms. Nancy Crissinger,
and Messrs. Willett, Czech, Crowson, VanderMeer, Brown, Doughtery, and Ritchie.
The Invocation was given by Mr. Smythe, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the meeting held on June 10, 1975 were amended as follows:
With regards the inquirYc.made by Tom K. Dougherty as to Council actions on
~ar;ance request, Mayor S.O'JQ~k o'ffere~,and Council was in agreement, that he
reply to Mr. Dougherty. The Minutes where then approved as amended.
City Manager Hopkins reported as follows: That he would respectfully request that
a meeting be scheduled as soon as possible to start budget considerations, and,
That in meeting this date with a representative of EPA from Atlanta regarding
the status of the cityls pending 92-500 Grant Application, though the application,
through the Florida Department of Pollution Control had been certified to
EPA for funding, he was now advised there were a number of items which had not
been satisfied to EPA's satisfaction, and submitted a listing of thirteen
items. He further advised that each of these items had been addressed by either
himself or the engineer representing the city, but apparently had not been
acceptable, and he inquired of Council if it be their desire to proceed further
with the application. Mr. Hopkins reminded Council that a final funding
in the amount of $35,000 from the original sanitary sewer construction grant
for the treatment facility and the collection system was still being withheld.
A condition of the original application and grant offer was that the existing
facility prove to meet designed criteria, such as the stipulation that if any
degradation occur to the marsh then the city would have to take whatever steps
were necessary to correct the matter, and until such time as a solution is
found for the existing problem, however it might be defined, the final funding
would be withheld. Mayor Smoak inquired of Mr. Hopkins if he knew what was
necessary for the city to do in order to get the remaining funding released,
and Mr. Hopkins replied that, quite frankly, he did not, that it appeared three
different agencies had to be satisfied (The Environmental Protection Agency,
The State Department of Pollution Control, and The Lake County Department of
Polution Control) and he didnlt know what it would take to satisfy them. It
was the suggestion of Mayor Smoak, and Council was in agreement, that City Manager
Hopkins proceed with E.P.A., particularly in view of the initial grant, find out
exactly what will satisfy the requirements to release the $35,000 being withheld,
and solicit whatever help the city needs from the agencies involved. It was also
consensus of Council that no further action be taken regarding the second grant
application until receipt of documented requirements from the E.P.A.
City Attorney Baird reported as follows: That he was ready to proceed with foreclosure
measures against properties on which the sanitary sewer assessment payments had
not been made; That he had just received the necessary information on the
lot mowing delinquent accounts and would start proceedings for collection of those,
and, That he had been notified of a civil action suit for possible wrongful
death action in the Wallace Smith death having been filed against the city.
Councilman Schroedel reminded Council of the meeting at 5:00 P. M. on Wednesday,
June 18th to tour the new addition of Cooper Memorial Library.
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MINUTES
REGULAR MEET! NG
NQ 1157
Ms. Crissinger and Mr. Willett of the Lake County Planning Department were present
to discuss the proposed Lake County Comprehensive Land Use Plan as prepared by
their department and the King Helie Planning Group, and to encourage appointment
of a committee from Clermont to work with them in order that the cityls view-
points on the matter might be considered. Inasmuch as there were only two members
of the Planning and Zoning Board Commission present, it was decided that discussion
of this matter be postponed until the regular meeting of the P & Z Commission
to be held on July l, 1975, and, inasmuch as th~ proposed plan shall also be
of mutual interest to the citizens of Minneola, that officials of Minneola be
invited to attend the meeting and participate in the discussion.
Mr. Dave Crowson of Dawkins & Associates, Inc. appeared before Council to briefly
bring them uptodate on the Seminole well construction, and to answer any questions
which they might have regarding projects in the city with which his firm is
concerned. Mr. Crowson advised there was no further progress to report on the
Seminole well since his last report due to repeated cave-ins in a weak strata
at the 475 foot level, but following conferences between the engineers and the
contractor it had been decided to install a 12" casing at that point in order
to absolve the problem and then proceed with sinking of the well. He further
reported that though this project is behind schedule at this point, the contractor
is aware of the deadline date of November 8th and feels optimistic about the
project being completed by that time. Mayor Smoak inquired as to the status
of the sanitary sewer construction project for Minnehaha Estates. Mr. Crowson
advised that the plans and specifications had been completed for quite some time,
but in order to refrain from using a bid contract figure for bond validation
purposes, which, if challenged, could mean costly time delays, they were biding'
time at the present in order to stay in phase with the Attorneys and their
preparation'.:for boridvalidat1oR. It was their recommendation, and they were hopeful,
that an updated estimated cost of the project by the engineers would be acceptable
to FHA for bond validation purposes. Mayor Smoak inquired of an approximate
construction timetable for the sanitary sewer system in Minnehaha Estates and Mr.
Crowson advised about nine months.
Following Council action on May 20, 1975 wherein they proposed rezoning of the
R1A property annexed to the city in 1972 reserving a strip 300 feet in width along
Highway 27 to be zoned C-2 and the remainder to be zoned Ml, it was determined
after viewing a map drawn to scale that the Ml area would be very limited. In
view of this and also the need for a plat showing location of existing businesses
in this area, the matter was tabled and City Manager Hopkins requested to obtain
such a plat.
With regards desired investments of the city employees pension fund montes, motion
was made by Counci 1 man Byrd, seconded by Counci 1 man Bl ackburn and unanimouslt
carried that the guidelines as submitted by Dr. Ru.ssell Fogler, pension plan
consultant, be accepted and forwarded to the trustoffic:.er' for aamlnlStc-l"lng the
pension funds.
W1:th regards the proposal for requiring adjacent property owners to maintain
parkway trees, as discussed in the meeting of May 20th, motion was made by Councilman
Schroedel and carried that Section 11-22 of the Code of Ordinances not be amended
to include tree maintenance. Mayor Smoak voted Naye, on passage of the motion.
Inasmuch as the existing section of the zoning ordinance regarding what types of
structures should or should not be allowed in yard areas, setback areas, etc.
was not clearly defined, the matter was considered by the P & Z Commission and
certain changes were recommended by them. Council was in agreement with the
proposed changes whereupon motion was made by Councilman Oswalt, seconded by
Councilman Schroedel and unanimously carried that the proposed changes as recommended
by the P & Z Commission be accepted and City Attorney Baird be requested to
prepare the necessary amendino ordinance. Mayor Smoak reported that almost all
of the applicants requesting variances to the zoning ordinance had advised that
they were uninformed as to the various ordinance requirements, whereu~on he .
requested that City Manager' Hopkins work up a recommendati on to Council to incl ude
in every building permit a cOpy of the particular zone and all the applicable zoning
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MINUTES
NQ 1158
REGULAR MEETING
regulations and building regulations commensurate with that zone at the time
the permit is picked up.
With regards possible changes to the existing Occupational License ordinance
in order to update it and conform with recently passed state legislation,
it was consensus that City Manager Hopkins and City Attorney Baird obtain
information as to the county requirements for competency as regards contractors,
and then submit a recommendation for changes to the ordinance for Council's
consideration.
With regards City Manager Hopkins report of recent inquiries made by a convenience
store manager and a man contemplating opening a billiard hall to sell alcoholic
beverages on Sundays, and his interpretation of the existing ordinance regulating
the hours of sale of alcoholic beverages that virtually any type of food
dispensing operation licensed by the Hotel and Restaurant Commission would be
allowed to sell alcoholic beverages on Sunday, he inquired of Council if this be their
intent and/or desire.
Considerable discussion followed regarding the matter and it was finally
consensus of Council that the restriction in the existing ordinance allowing only
those holding alcoholic beverage licenses that provide meals to sellon Sunday
was discriminatory to other legitimate license holders that did not serve meals,
and thereupon motion was made by Councilman Blackburn and seconded by Councilman
Oswalt that City Attorney Baird be requested to prepare the necessary amending
ordinance to exclude the requirement that those businesses holding alcoholic
beverage licenses be required to hold a Hotel and Restaurant Commission license
for providing meals in order to sell on Sundays. Upon roll call vote on
assa e of the motion, the result was: A es: Blackburn, Schroedel, Oswalt and
Smoak. Total Ayes: Four. Nayes: Byrd. The motlon carrled. Councl man Byr
desired it be a matter of record that he was not in agreement with consensus of
Council, and was not in favor of any establishment being allowed to sell alcoholic
beverages on Sunday.
With regards recommendation of City Manager Hopkins that a new contract with
Odom Tank Company of Marianna, Florida be executed for the maintenance of the city's
water tanks, motion was made by Councilman Oswalt, seconded by Councilman Blackburn
and unanimously carried that Mayor Smoak be authorized to execute the contract
for a one year period at a cost of $1,905.50.
With regards request by Bonard Pitts, institutional representative in Boy Scout
Troop3 for use of the Jenkins Auditorium every Saturday beginning June 21st from
1:00 P. M. to 4:00 P. M. to sponsor a film program for the area youths during the
summer, motion was made by Councilman Blackburn, seconded by Councilman Oswalt
and unanimously carried that the request be granted and the rental fee for use
of the auditorium be waived.
The meeting was adjourned by Mayor Smoak at 10;20 P. M.
!QJ.,A/~ J~ ~A~~
Dolores W. Carroll, City rk
c~(~~or