06-29-1976 Special Meeting
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MINUTES
SPECIAL MEETING
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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
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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.
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Do ores . Carroll, City erk
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Claude'E. Smoak, Jr., Mayor
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# 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
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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,
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R. Seckler
HIGHEST LAKE
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NEW JERSEY - ALTITUDE 1400 FT,
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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.
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Gertrude H. SecKler