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11-18-1975 Regular Meeting . e e . " -,," MINUTES REGULAR MEETING NQl203 A Regular Meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, November 18, 1975. The meeting was called to order at 7:30 P. M. by Mayor Claude E. Smoak, Jr. with the following members, present: Councilman Blackburn, Schroedel, Byrd, and Oswalt. Other officials present were: City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Finance Director DeDier, Director of Community Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and Mrs. Lee J. McCarthy, Mrs. W. B. Perry, Messrs. Czech and Horton. The Misses Mary J. Nichols, Cynthia Winter, Messrs. Ken Cantwell, Kim Gano, and Edwin E. Hunt, Political Science students from Lake Sumter Community College, were also present. The news media was represented by Mr. Joe Sanchez of the Sentinel/Star. 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 October 28, 1975 and of the Special Meeting held November 17, 1975~ were approved as written. Mayor Smoak announced the first order of business to be a Public Hearing to consider request by Mr. and Mrs. Lee J. McCarthy for a Variance to Section 26-21 (E) (3) (SETBACKS IN AN Rl ZONE) of the Zoning Ordinance in order to enclose an existing patio on their property described as Lot 14 in Block D of Edgewood Place Subdivision. Mr. McCarthy appeared before Council in support of his request~ and advised that due to the topography of their property it would only be possible to expand their living area from the rear of the house, and it was their desire to enclose an existing poured concrete :~afto, located at the rear of the house in order to do this. A written letter in support of this request had been submitted earlier to Council from their immediate neighbors. Upon inquiry by Mayor Smoak, there was no one present from the floor who voiced Objection to the request, whereupon motion was made by Councilman Schroedel and seconded b Councilman B rd that the re uest be ranted. Durlng lSCUSSlon of the motlon, Councl man B ac urn a Vlse t at e cou not suppor its passage inasmuch as he felt Council had diligently prepared and adopted a Zoning Ordinance which it felt was best for the City of Clermont and its citizenry to live with and thereby should be enforced~ and, if later determined that changes were needed, that the Ordinance be changed in lieu of continually granting exceptions to the Ordinance as variances do. He further advised it was his opinion and that of the City Attorney, that Council be obligated to interpret real hardships on uniqua; pieces of property in the granting of variances. Councilman Byrd opined that the existing zoning ordinance had been strictly written which was bound to be unduly restrictive on certain pieces of property, and he felt variance requests for Council to sit in judgment on whether or not exceptions should be made were justified. It was the opinion of Mayor Smoak that the very fact that Clermont's Charter and other municipal charters contain provisions for granting of variances must be because the written word cannot apply to every situation. Upon vote of the motion, it carried four to one with Councilman Blackburn voting, Naye. City Manager Hopkins submitted his report both orally and written, and a copy is. attached hereto. With regards the preliminary flood hazard boundary maps as submitted to Council for their study and comment, Mayor Smoak asked that each Council member study same and submit any input which they might have in writing to City Manager Hopkins as soon as possible in order that he might forward the information to the firm preparing the map. Finance Director DeDier submitted his report both orally and written, and a copy is attached hereto. Mayor Smoak advised Mr. DeDier he felt a commendable job had been done in his investments of the city's daily cash flow as his report reflected. '..:if' . e e . MINUTES NQl204 Councilman Schroedel, liaison representative to the Library Board, reported as follows: That with the help of the Junior Womans Club, 145 new books had been acquired in September and 72 in October; That audio visual education equipment would soon be available; That the book circulation had increased to 2220 during the month of October;, and, that the Library Board would be sponsoring the Orange Blossom Breakfast in April. Mayor Smoak reported as follows: That following a trip to Clermont by Doctors Zoltek and Bailey, Assistant Professors with the Department of Environmental Engineering at the University of Florida, at which time they observed the present method used for effluent disposal, the treatment plant itself, and the surrounding wetlands area~ he had been advised this date that they were developing a tentative proposal to the city to run experimental work in the area of wetlands absorbing nutrient levels that are disadvantageous to the quality of the lake waters around here; That with further regards to a tree planning program that was discussed by Council during budget preparation sessions, and an allocation of $500.00 included in the budget for such, he had been in contact with the county forrester as to types and costs of trees available, and in conjunction with a "Glen Glitter Day" project in January to be sponsored by the local Garden Club, he would like the city's proposed program to be coordinated~ with that one; That from interest expressed in times past for a "Town Hall Meeting", he would like to see one held to encourage additional interest of the city's electorate in their city government, and felt that with a proper format a successful one could be held; That he would like to draw up some tentative thoughts on a "Town Meeting" for consideration by the Council and asked that each individual member, or any other interested party, collect their thoughts in writing of a proper format for such a meeting; That he had received communication regards funds available to the city for channel marking and public launching facilities which would be administered by the county, but available through the state from every boat owner paying a registration fee of which $3.00 will be returned to the county, and he would like for Council to further pursue this matter. City Clerk Carroll reported on a communication received from John H. Torrez requesting permission for use of the Jenkins Auditorium in which to sponsor a dance on December 13th and December 24th. Motion was made by Councilman Blackburn, seconded by Councilman Oswalt and carried that this request be granted ~rovided that all rules and regulations as pertains to dances held in the auditorium are met. Motion was made by Councilman Oswalt, seconded by Councilman Blackburn and carried that the bills be paid. Mayor Smoak reminded all present of the General Election to be held on December 2nd to fill two council member seats, and to encourage all to support and publicize the proposal that shall be on the ballot for amendments to the city charter. With regards an auditing proposal from Greenlee, Paul & Furnas submitted earlier to Council for their consideration, such special audit being required to satisfy a requirement of Farmer's Home Administration, motion was made by Councilman Byrd, seconded by Councilman Oswalt and carried that Mayor Smoak be authorized to execute the agreement as proposed. With regards a questionnaire received from the Lake County Planning Department for Council's consideration to enable the county to help identify their role in enacting the Local Government Comprehensive Planning Act of 1975~ it was the suggestion of Mayor Smoak, and Council was in agreement, that each member study the questionnaire thoroughly, familiarize themselves with the Act as proposed~ and then meet in work session to coordinate their thoughts. Mayor Smoak then called a work session of Council to be held in the office of the City Manager on Monday night, November 24th at 7:30 P. M. City Clerk Carroll submitted a proposed listing of persons for appointment by Council e e e . MINUTES NQl205 to serve as the Election Board of the General Election to be held on December 2nd as follows: Clerk: A. M. Johnson Inspectors: George Smith Coman Post Betty Kons1er Lucy Johnson Vi rgi ni a Smith Pat Grant Donna Hopkins Goldie Wilson Alice Pelfrey Officer-of-the-Day: John N. Sargent Motion was made by Councilman Oswalt, and seconded by Councilman Blackburn that the listing be accepted and those named appointed to serve. ' An amending motion was made by Councilman Byrd and seconded by Councilman Blackburn that the listing be accepted and those named be appointed to serve~ with authorization to City Clerk Carroll to make substitutions if it should become necessary. The original motion and the amending motion carried unanimously. Councilman Oswalt offered and moved the adoption of A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY~ FLORIDA~ DESIGNATING MAY 1, 1976 AS "STAND UP FOR AMERCIA DAY" IN THE CITY OF CLERMONT and the motion was seconded by Councilman Blackburn and unanimously carried. The RESOLUTION was read in its entirety by Mayor Smoak and the number 261 assigned to it. Councilman Oswalt offered and moved the adoption of A RESOLUTION OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, ADJUSTING CERTAIN SEWER ASSESSMENTS HERETOFORE LEVIED IN MINNEHAHA ESTATES SUBDIVISION, IN ORDER THAT THE SAME SHALL CONFORM TO THE ASSESSMENT PLAT AND SPECIAL ASSESSMENT ROLL PREPARED BY THE CITY OF CLERMONT"S CONSULTING ENGINEERS and the motion was seconded by Councilman Schroedel and unanimously carried. The RESOLUTION was read by City Clerk Carroll, by title only, and the number 262 assigned to it. Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA CLOSING AND PERMANENTLY ABANDONING A PORTION OF CARROLL STREET, DESCRIBED HEREIN, ACCORDING TO THE OFFICIAL MAP OF THE CITY OF CLERMONT, RECORDED IN PLAT BOOK 8, PAGES 17-23, INCLUSIVE, PUBLIC RECORDS OF LAKE COUNTY, FLORIDA: 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 City Clerk Carroll, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Blackburn, Schroedel, Byrd, Oswalt, and Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the number 81-M assigned to it. Councilman Blackburn introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SUBSECTION (b) OF SECTION 8 OF ORDINANCE NUMBER 25-1-M OF THE CODE OF ORDINANCES PROVIDING FOR A SCHEDULE OF RATES AND CHARGES IN THE EXCLUSIVE FRANCHISE HERETOFORE GRANTED TO THE T. M. COMMUNICATIONS COMPANY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the ORDINANCE was read for a first reading by City Clerk Carroll, by title only. The meeting was adjourned by Mayor Smoak at 9:10 P. M. llt~~ ~ ~,u~, Do res W. Carroll, City clauc:!1. ~ayor