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06-29-1976 Special Meeting . e e . MINUTES SPECIAL MEETING NQ1304 A Special Meeting of the City Council of the City of Clermont was held in the office of the City Manager on Tuesday, June 29, 1976. The meeting was called to order by Mayor Claude E. Smoak, Jr. at 7:30 P. M. with the following members present: Councilmen Byrd, Schroedel, Blackburn, and Beals. Others present were: City Manager Tiffany, City Attorney Baird, City Clerk Carroll, The Messrs. Fleming, Kuhn, Pierce, and a representative group of air boat owners. The Minutes of the Regular Meeting held June 22, 1976 were approved as written. EMERGENCY ORDINANCE NO. 86-M As requested by Council on June 22nd, City Attorney Baird submitted a proposed document to restrict the use of air boats and other boats of similar construction within the corporate city limits for Council's consideration. This request had been prompted as a result of repeated complaints to Council that air boat activity in the local lakes was creating a public nuisance. Councilman Byrd introduced AN EMERGENCY ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: RESTRICTING THE USE OF AIRBOATS: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE, and the Ordinance was read in its entirety for a first reading by Mayor Smoak. Mr. Don Pierce, representative of a local airboat organiza- tion, appeared before Council to appeal the adoption of such an Ordinance, advising that such action would be penalizing all air- boat operators for the offenses of a very small minority; That there are existing state laws which, if enforced, would prosecute those who are the offenders without penalizing the majority who are not; That the majority were in full agreement with control, but in a fair sense; and, That Council could be assured of their organization's full cooperation in attempting to correct the situation internally. Council was sympathetic to the comments as offered by Mr. Pierce, but advised that until such time as county and/or state governing bodies take the necessary steps to eliminate the existing nuisance as reported to be created by airboats, it was the obligation of Council to take whatever action is necessary to protect the best interests of the citzens of Clermont; That the emergency ordinance as proposed would only be effective for a period of sixty one days, during which time it was their desire that the problems would have been eliminated and the necessary policing would be handled internally by the members of the organization. Councilman Byrd offered and moved the adoption of the EMERGENCY ORDINANCE as introduced by him earlier, and the motion was seconded by Councilman Blackburn. The Ordinance was read for a second and final reading by Councilman Blackburn, by title only, and upon roll call vote on passage of the motion, the result was: Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the Number 86-M was assigned to it. SECKLER PROPERTY City Manager Tiffany reported that he, Mayor Smoak, Councilman Blackburn, and representatives from the Lake County Pollution Control Board and DER had toured the Seckler property on June 25th with regards possible utilization of the property as a site for disposal of the city's effluent. He advised that certain preliminary engineering studies and tests would have to be made and submitted to the governing boards before they could offer an opinion, but he felt the city could expect full cooperation from them in seeking a solution to the effluent disposal problems now existing. It was the opinion of Mr. Tiffany that the representatives regarded the . e e . MINUTES NQ1305 site as a possible interim solution, and not a permanent one as will be required. Councilman Blackburn advised he was also of the opinion the representatives did not view the site as a permanent solution, but were very sincere in their offer to help with finding a permanent solution and cooperating with the city in the interim Mayor Smoak opined that the written opinion, when received from the governing boards, would not deviate from the original written requirement that a permanent solution be found, but felt the boards would act favorably and in cooperation with the city in renewals of operating permits, should the preliminary engineering studies of the property prove favorable. Mayor Smoak advised Council he had obtained an option to purchase the property @ a cost of $75,000, with the cost for use of the property ahead of time in order to undertake preliminary engineering evaluations to be applied and credited against; That soil samples of the property would be taken within the next few days and forwarded for evaluation, and asked that Council in the meantime consider whether or not they desire to obtain the property and pursue the necessary engineering studies. WATER RETENTION AREA: STATE ROAD 50 PROJECT Council has previously requested City Attorney Baird to present his recommendations for the proper procedure to make the necessary property available to the DOT for the proposed water retention area near Oakhill Cemetery, however, City Manager Tiffany advised he had been contacted by officials of DOT advising that the matter should be postponed pending further word from them. Their being no further business on the Special Meeting agenda, the meeting was adjourned by Mayor Smoak at 8:45 P. M. to a workshop session of Council to consider the proposed 1976-77 Utilities Department Budget. ~L~L~ Do ores . Carroll, City erk -(]! ~"~ Claude'E. Smoak, Jr., Mayor -"~",":,~.,.."~.~~.~.".,,..-, ,,- _.':"'~ ,~ . e (!ify 0/ e!CJrnH)/1{ e . ~ # 1 West Gate Plaza _ Clermont. Florida 32711 · Phone: (904) 394-3141 June 21, 1976 Mr. John R. Seckler Seckler & Shepperd, Inc. P. O. Box 9 Highland Lakes, N. J. 07422 Dear John: Your letter of June 17th with option as offered by you and Gertrude H. Seckler were received by the writer on Monday, June 21st. The terms as stated in the option agree with the context of our telephone con- versation. However, it has been pointed out to 11Ie by the City administration that there are several problems that would affect this option. The purpose of the City of Clermont1s interest in this property is for a potential effluent disposal site. In order to utilize this site for effluent disposal, permits would be required from the Lake County Pollution Control and the Florida Department of Environmental Regulation. In order' to secure permits from DER. preliminary engineering studies must be completed. My request to you is thilt you and Mrs. Seckler grant permission to the City of Clermont to undertake preliminary engineering evaluations of your property which is located adjacent to the Inland Groves property, and approximately one-half mile northwest of the northerly Clermont city limits. Mr. Leonard Baird, City Attorney, is currently on vacation and not expected to return until the first week in July. If it is your desire to grant the city permission to undertake preliminary engineering evaluations of your property. I will recommend to the City Council that the City Attorney be instructed immediately upon his return to prepare for your consideration a 90-day option on the specified property in terms as contained in your June 27th letter and for a reasonable consideration from the city to you. I am thinking in terms of $5UO for the 90-day option. This illllOlJnt would be applied to and credited against the total purchase price of $75,000. In order to facilitate a speedy evaluation of your property, please return to the city a letter of permission for preliminary engineering studies of your property. Of course, nothing involved in the preliminary studies would in any way detract from or be detrimental to the continued production of the citrus fruit on your property. It is my intent to be out of town from Thursday, the 24th of June. until Tuesday, the 29th of June. If I have not heard from you by the 29th, I will try to reach you by telephone. Sincerely, Claude E. Smoak, Jr. r~ayor FLORIDA'S FINEST INLAND RESORT - RESIDENTIAL COMMUNITY ._._m"'___ ____..__..._____ --~.-- .--.--.,- -..--.---- i~"- .'.,.... '-'",~:',,-:"-n' -"".-,."-. ....:.,:.''!!.'....~<,.;r.....----- T _ r--' _._.' :',\"C''':-.,'~'".;''''''_ ,,-I'"P7Y-;":"'-,","f'i;"l";'::'-. ......,,~~,-..-. .....y.' r',_~", "'-' "T"''Y:''.t.,~ "~';"j"~~"'!'J"':'''!:':'-' ":"';iP',"' _IGHL~D e . ~I ~) c)f~M4 0 c5~/2be?d...c. HIGHLAND LAKES ~G( CREST LAKE BOX 9 BOX 775 HIGHLAND LAKES. N. J. BUTLER. N. J. 0742~ 07405 201-764-4011 201-838-0161 June 17, 1976 Mr. Cl~ude Sl1'Iak 840 Second Street Clermont, Plorida 32711 Dear Clqude~ In c;:orIJpl1:qnce with our telephone c;:onyersqtion of this afternoon, r ~m enclosi'ng a ten (101 d~y Option from June 21, 1976 to July 1, 1976 to the City of Clermont, Florida to purchase the 80 acres owned by us adjoining Charles Pool's property. Kindest personal regards, I am JRS :m Encl. 1 trul,yyours, ~~ R. Seckler HIGHEST LAKE ~.> ,~...~ ~~~ ~--:---:>--' NEW JERSEY - ALTITUDE 1400 FT, '. 4 - ,..'.'t-,.,~".,~....""!"P"J"':....... ~ .,.. ._~,_..;"!"j,A:'~'Jr',~JK'.~--~~.o;..,.."" ~. "!'"'....--""~.,~".- 'i--::':""Iwr,,:'i;":. ": ,:\.-; i"" N e e . June 17, 1976 W~, John R, Seckler and Gertrude H. Seckler do hereby give to the City of Clermont, Florida an Option to purchase an 80 acre tract more or lesss known as "Government Lot 3, also described as the WEST Half of the SOUTHWEST Quarter of Section FOURTEEN To~mship TWENTY TWO South of Range TWENTY FIVE East of the Ta 11 ahassee Meri di an. 1\ OPTION is as follows: Purchase price $75,000.00 (net to us) Payments as follows: $18,500.00 to be paid on signing of contract. Balance of $56,500.00 to be on a five (5) year Mortgage and Note... payable in five (5) equal annual installments of $11,300.00 together with interest on unpaid balance at annual rate of 8%. THIS property is sold subject to any interest that the Railroad may have in said property, ~nd time is the essence of this optton. ':eJiL.e~1./ J hn ,~~~}/ h<:li~ ... ,(~ Gertrude H. SecKler