HomeMy WebLinkAbout03-11-1975 Supporting DocumentsMINUTES M 1123
REGULAR MEETING
A Regular Meeting of the City of Clermont was hold in the Council Chambers on
Tuesday, March 11, 1975. The meeting was called to order at 7:30 P. M. by Mayor
Claude E. Smoak, Jr, with the following members present: Councilmen Schroedel,
Byrd, Blackburn and Oswalt. Other officials present wore: City Controller Fleming
City Clerk Carroll, City Attorney Vason, Director of Conununity Services Smythe,
City Manager Hopkins and Chief of Police Tyndal. Others present were: Mr. and Mrs.
George Narehood, Mr. and Mrs. Gary Williams, and the Messrs. Dave Crowson, Leonard H.
Baird, Jr., Ted Williams, George Williams, C. E. Duncan and William F. Baker.
Represontntive of the Lessburg Commercial and the Sentinel/Star were 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 Special Meeting held February 19, 1975 were approved as
written. The Minutes of the Regular Meeting held February 25, 1975 were amended as
follows, "With regards request of Al Earls for the re -zoning of Lots 1 thru 5 in
City Block 7 from C-1 to C-2, motion was made by Councilman Blackburn, seconded
by Councilman Byrd and carried that the recommendation of the Planning and Zoning
Commission be accepted and the request be denied without prejudice" Motion was
'it utst for the re -zoning of lots 1 thru 5 in Citt Block 7 be denied. Upon
inquiry by Councilman Oswalt if tn1S be with or w thout prejud ce, Mayor Smoak
advised that unless it is so stated in the motion, it is assumed it is with
prejudice. The Minutes were then approved as amended'..
Mayor Smoak advised the request for a Variance by Marvin and Thelma Jones had been
withdrawn.
Mr. George Narehood, spokesman for a group of abutting and adjoining residents to
the Alvin Knight residence and the Williams Auto andtody Shop on loth Street just
north of Highway 50, appeared before Council and urged that steps be taken to
eliminate and/or prevent unsanitary conditions existing, dogs running loose without
control, speeding on loth Street, unnecessary loud and sometimes profane language
late at night, and the repairing of automobiles parked on street right-o-way,
which they contend originate from the above mentioned properties. These matters
were referred to the City Manager for his investigation and report back to Council.
It was suggested that the Lake County Health Department be contacted also with
regards investigating the complaint of unsanitary conditions existing.
Mr. C. E. Duncan, Attorney representing William F. Baker, appeared before Council
with regards Council's position that the agreement between the City and Mr. Baker
of December 11, 1968, should be terminated. Though not fully documented by neither
former Council nor Mr. Baker, it was the position of Mr. Duncan that the agreement
of 12/11/68 was binding and should be honored by present Council. Mr. Duncan
further suggested that his client was agreeable to negotiation in the matter and
suggested that the city offer $500.00 annually for the remainder of the 20 year
period to operate his irrigation system in lieu of the existing situation whereby the city
has been standing total cost of fuel and maintenance. Council was not in full accord
with this suggestion, and in order to conclude the matter with agreeable satisfaction
to both parties, motion was made by Councilman Byrd seconded by Councilman Oswalt
Councilman Blackburn voted, Naye, on passage of the motion. Mayor Smoak advised his
vote would be in the negative inasmuch as he felt the city had completed all
agreements with Mr. Baker as had been documented. Mayor Smoak appointed a committee
of City Attorney Vason, City Manager Hopkins, and Councilman Oswalt as directed in
the motion.
MINUTES N9 112A
Mr. Dave Crowson of Dawkins & Associates, Inc. consuiting ongineers, appeared before
Council to give a current status report on the existing projects for which they
have been engaged by Council to do for the city, and to elaborate on the many facets
involved in such projects as well as the determination and basis of their engineering
fees for same. It was the opinion of Mayor Smoak that there had been an increase
in the engineering rates on current involcod than had been agreed upon In the
executed agreement of June 28, 1973, and Mr. Crowson agreed to investigate this
matter.
City Manager Hopkins had submitted a written report to Council previously, but just
having immediately returned from the league of Cities Meeting in Tallahassee,
appeared before Council and gave a brief report on what he determined to be a very
offormational and municipalities tonhandle ltheir iown ng iproblems n that uwithout the many legal ture prospects for eties eOfndence
state directives, looked favorable in the forthcoming legislative session.
With regards the status report received on the Seminole Well wherein it had been
necessary to over run the 18" casing some 47 feet in order to find suitable formation
that has been approximated at 180 feet and resulting in a cost increase of $9.50
per lineal foot, motion was made by _, Councilman N*rd+econdnd b reuvciounc Blackburn
man Oswalt voted, Naye, on
With regards the legal opinion received advising that the Administrative Procedures
Act did not apply to the Florida municipalities necessitating agenda deadline and
publishing of same, Council was in agreement with City Manager Hopkins to continue
the policy in an effort to keep the public more fully aware of, and possibly generate
more public interest of, the many considerations undertaken by Council in the operation
of the municipality. In order to reduce publishing costs, it was suggested that
the format of council meeting agenda publications be restricted to any special
considerations to be made thereby deleting the regularly scheduled routine matters
of Council.
City Controller Fleming reported that the first payment of 1974 ad valorem tax
monies had been received in the amount of $31,713.90.
Councilman Oswlat, as a member of the Lakes Improvement Committee, reported there
had been some possibility of committing the city on projects without full prior
approval of Council, and that this certainly not being the intent of the committee,
would welcome feelings of Council as to their direction.
He further reported that the committee was very anxious to do something "good" for
water with the excellent help of Sandy Young of Biological Research Associates,
and that it had been the committee, working through Mr. Young, that had picked
the three lakes in the city that might be pilot projects. It was the opinion of
Mayor Smoak, and Council was in agreement, that the 1974-75 budgeted amount of
$1500.00 was to be utilized by the committee in their preliminary and initial studies
of steps for improvement of the city's many lakes, but that in the utilization
of these budgeted funds, that no firm committments nor actions of any kind be made
without prior approval of Council. Mayor Smoak further suggested that Council make
a prior determination as to direction for the Committee to take should the city be
included in the "208" program for financial assistance.
Councilman Shroedel, liaison representative to the Cooper Memorial Library Board,
reported as follows: That a new set of by-laws for operation of the library had
been formulated by Attorney Roy Caldwell and was available for distribution if desired;
That necessary legal documents for the incorporation of the Cooper Memorial Library
Association as a non-profit organization had been drawn; That bids for the proposed
MINUT'S N9 DZI
addition to the library had been received and awarded to the low bidder, Robert
Drew 0 a cost of $21,500.00 with a contemplated completion period of four months;
That $1505.00 had been realized todato from the fund raising drive, and that a
special summer program would be attempted by the library again this year, though
it shall be without state financial assistance. Councilman Schroedel further
reported on a complaint he had received with regards parking in front of private
residences by persons utilizing the activities afforded at Kohler Park. This matter
was referred to City Manager Hopkins.
Motion was made by Councilman Schroedel, seconded Councilman Byrd and carried
tFa thlls be paid.
Councilman Oswalt offered and moved the adoption of a RESOLUTION with regards time
and place of Public H caring to a Feld concerning the sanitary sewer improvments
to Minnehaha Estates. The motion was seconded by Councilman Blackburn and unanimously
carried. The RESOLUTION was read by .title only, by Mayor Smoak and the Number 254
assigned to it.
With regards establishing a policy for tree maintenance, City Manager Hopkins was
requested to formulate recommendations as to the city's need and possible costs
for such a program for discussion in workshop session on a later date.
With regards requested renewal for lease of a city owned building by Landseair,
the original having been executed in 1966, City Manager Hopkins was requested to
submit suggestions and recommendations for possible development of a new lease
to be more in accord with current costs and property rentals, for Council's
consideration.
With regards the site plan submitted for the proposed construction of a basketball
court at Jaycee Beach, motion was made by Councilman Blackburn, seconded by Councilman
requested that C7ty manager Hopkins
a construction schedule to Council
With regards appointed of a City Attorney to succeed Robert F. Vason, Jr. recently
resigned, nominations of Leonard H. Baird, Jr, and Tom K. Doughtery were submitted
In open balloting on the two nominees, the results were:
Leonard H. Baird, Jr.
Councilman Schroedel
Councilman Byrd
Councilman Oswalt
Mayor Smoak
Tom K. Dougherty
Councilman Blackburn
Following this action, Robert F. Vason, Jr. vacated the seat of City Attorney and it
was assumed by Leonard H. Baird, Jr. Expressions of appreciation for courtesies,
cooperation, etc. were extended between Mr. Vason and Council, and Mr. Vason was
presented with his nameplate from the Council table.
Considerable discussion took place with regards a possible need for additional i
council meetings and/or work sessions each month, and it was final conclusion that each
member of Council and the City Manager formulate his own ideas and suggestions for
presentation in workshop session on Tuesday, March 18, 1975 in the Council Chambers
at 7:30 P. M.
With regards request of the Clermont Garden Club for the city to install an irrigation
system in the yard at the garden club facility, it was consensus::thatt;:the:tity,would
be in error to expend ad valorem tax monies to benefit private organizations, such
as the Garden Club is. Motion was made by Councilman Oswalt, seconded by Councilman
Blackburn and carried that this request be regretfully denied. Councilman Schrodel
voted, Naye, on passage of the motion. With regards the land on which the Garden Club
building is located, and which was popularly believed to be owned by the City of
MINUTES Nn 1126
Clermont, it was reported to Council that thru error some several years ago, this
property did then, and still does today, appear on the current tax roll as being
owned by Lake County. City Attorney Baird was requested to research the legal ownership
and report back to Council.
With regards the deplorable condition of a private street located between East
Montrose and East Desoto, known as Freeman Lane, and regularly used for public
purpose, it was the recommendation of City Manager Hopkins that Council obtain title
to the street through quit -claim deeds from the owners in order that it might be
imrpoved and have regular maintenance. lie further reported the present owners
have not assumed responsibility for the street maintenance inasmuch as it is
regularly used for public purpose, and deterioration of same had been partially caused
from water run-off from the dedicated street, Desoto Street. Motion was made by
Councilman Byrd, seconded by Councilman Schroedel and carried t at C ty Manager
Hopkins' recommendation be accepted and he be authorized to proceed with
obtaining the necessary quit -claim deeds.
Mayor Smoak adjourned the meeting at 11:00 P. M.
Claude E. Smo�or
Dolores W. Carroll, W. Carroll, City'Clerk
ACCOUNTS PAYABLE - MARCH 1975
ASL
Arco, Inc.
(Hose & Fittings)
134.95
Bob Wade Ford, Inc.
(Oil Sending Unit)
1.13
Bishop Pi Black
(Painting of Beach House)
375.00
Clermont Auto Parts
(Vehicle A Equipment Repair Parts)
113.97
Clermont Builders Supply
(Sand, Lumber, etc. for Shuffleboard)
20.00
Credit Bureau
(Property Transaction Bulletins)
18.00
0 & B Fifth Street Grocery
(Prisoner Supplies)
3.00
Eckerd's
(Film, Flash Bulbs)
32.09
F & R Office Supply
(Office Supplies)
1.05
Goodyear
(Tires)
664.00
Greenlee-Paul-Furnas
(Auditing -General Fund -Partial)
2,890.22
Hilltop Stationary
(Office Supplies)
53.90
Holmes Fence Co.
(Tie Wire)
11.70
Hunt's Garden Store
(Dog and Swan Feed)
14.60
Jean Winston
(Updating City maps & drawing of cemetery)
126.00
J & L Lock Co.
(Re -key Lock & Keys
13.35
John Lamb Chevrolet
(Bushing)
1.20
James Lussier
(Jordomat)
38.60
Inland Equipment
(Equip. Repair Parts)
179.27
Jim Willis Hardware
(Pliers)
2.25
Kirkland Cabinet Shop
(Paint & Flooring for Beach House)'
349.09
Kuechler's Fire Equipment
(Fire Extinguisher Recharge)
3.95
Konsler Steel Co.
(Oxygen -Acetylene)
56.66
Lake Apopka Gas
(Utility)
7.30
Lake Communication Service
(Reinstallation of Police Car Equipment)
75.00
Leesburg Chrysler/Plymouth
(3 Police Cars)
11,094.00
Motorola, Inc.
(Monthly Maintenance -Radios)
105.50
Memorial Bronze
(Memorials)
359.00
Madden's Electric
(Switch for Fishing Pier Light)
29.60
Mobil Oil
(Petroleum Products)
553.20
Mike's Paint Shop
(Painting of Police Cars)
170.00
Morgan's Auto Parts
(Wire Brush -Power Steering, etc.)
20.21
Nolan Engine & Mower
(Mower Blade)
3.25
Robert F. Vason
(Legal Fees)
75.00
Russell Smith
(Basic H)
38.40
Standard Auto Parts, Inc.
(Filters-Battery-Lube)
74.88
Sa-So, Inc.
(Dog Catcher Net)
20.08
Sears (Bench Vise -Drill Bit -Stand) 72.65
South Lnko Pross
(Advertising)
29.90
59.11
T. W. Stewart & Assoc.
(Annlysis)
600.00
W. M. Taal
(Dinsal fuel)
185.00
Westorn Auto
(Chamois)
5.35
18,6f11.41
IJTILITIFS DFPARTMFNT
B & II Sales, Inc.
(Motor Couplings)
11.22
Clermont Auto Parts, Inc.
(Mirror Mead)
3.85
Greenlee -Paul & rurnas
(Auditing)
2,500.00 1
Hughes Supply, Inc.
(Dresser Couplings -Nipples)
39.13
Jim Willis Hardware
(Bushings -Keys -Bolts, etc.)
7.25
Konsler Steel
(Welding on Oil Reservior)
10.00
31.50
(Iron Rods)
Leesburg Armature
(Re -wind Motor & Bearing)
193.65
Pollution Equipment
(seal Assembly)
354.21
Sparling
(Intake Propeller)
110.25
Sta-Con, Inc.
(Red Light Globes)
19.02
Standard Auto Parts, Inc.
(Sandpaper -Tape -Nuts, etc.)
53.89
3,333.97
TO: City Council
FROM: City Manager
SUBJECT: Freeman Lane
DATE: March 5, 1975
A private street known as freeman Lane is located between East Montrose
and East DeSoto Streets, (See Attachment),
Over the years freeman Lane has experienced heavy traffic and little or
no maintenance, The street needs maintenance attention in the near future.
The deterioration is caused by surface water run off from DeSoto Street
as well as the traffic. The property owners do not feel a responsibility
for maintenance since the street is used for a public purpose.
The only reasonable solution to the problem is for the City to assume
this responsibility. It is recommended that the City obtain ownership
of this 42 feet of property known as Freeman Lane through quit claim from
the owners, repair the street as necessary and assume responsibility
for maintenance, The initial repairs are estimated to be $500.00 for
labor and r,aterials. The work would be done by city forces.
Council authorization is requested to contact the property owners for
the purpose of obtaining quit claim deeds, mike Hie oer.rlssar•y relair^t aul
dssumu, r•esponsibiI11Y Inr a.rinl.endnrr.
Attachment
cc: City Clerk w/attachment Agenda 3/11/75
Director, Community Services w/attachment:
CITY MANAGER'S REPORT
SWIMMING PIER - JAYCEE BEACH
In a letter dated March 4, 1975 we transmitted our application For financial
assistance to construct a new concrete swimming pier to the Florida Department
of Natural Resources. Our application has requested financial assistance
In the amount of $62,500 or 83% of the total cost. The total project cost,
including a 5% contingency, is estimated to be $75,000.
DEPARTMENT OF TRANSPORTATION
5-YEAR ROAD PLAN, 1975-1980
In a letter dated March 4, 1975 from the Lake County Public Works Department
from thetcities,vie musthbeebeen submittedised to theacounty by Mondast for y,improvment Marchl7th. projects
requests must be in the form of a resolution.
It is recommended that consideration be given to requesting that Minneola Avenue
(SR 561) between West Avenue and Twelfth Street be widened and improved.
ADMINISTRATIVE PROCEDURES ACTS
In a letter dated February 28, 1975, City Attorney Robert Vason advised that
the Staff Attorney for the Florida League of Cities has expressed an opinion — — — -
that the Administrative Procedures Act does not apply to Florida municipalities.
(Copy Attached). Mr. Vason concurs in that opinion. However, it is my
recommendation that we continue with the policy of agenda deadline and publishing
as implemented as the result of the APA, at least for the time being.
SEMINOLE WELL - STATUS REPORT
In a letter dated March 5, 1975 Dave Crowson has advised of the status of the Seminole
Well. (Copy Attached). The proposal outlined in the letter appears to be the
only reasonable alternative. Council concurrence is recommended.
LI:TT.LE LEAGUE- SOFTBALL FIELD IMPROVEMENTS
Improvements at the Little League and softball fields have been completed and
the facilities are ready for play. The improvements include rebuilt backstops,
additional bleachers, new softball bases, and a screen on the east fence of the
Little League Field to shield the players from automobile lights at night.
Other work included replacing burned out lights, painting, sodding and general
maintenance.
March 11 1975 �er 90pins�
r ,
To: City Council
FROM; City Manager
SUBJECT: Irrigation System Garden Club
DATE: March 5, 1975
*fit(, Clermont Garden Club has requested that the City install an irrigation
syst:eni in the yard at the garden club facility on West Avenue.
This request is being brought before the Council for two reasons. One., the
garden club has exclusive use of the property and a policy determination
must be made regarding the desirability of using tax dollars to improve
the property and two, the budget doesn't provide for this expenditure.
A copy of the leaso agreement is attached for information.
An irrigation system could be installed by city forces. The estimated cost
of the materials is $750.00. The system could be connected to the Center
Lake system which pumps out of Center Lake. There would be little or no
additional operating expense, but the garden club would have lit :tie cmrtrol
regarding when to irrigate. Greater control could be obtained by connecting
to the public water system, but the cost of operation would increase.
Comments and guidance from the Council will be appreciated.
Attachment
cc: City Clerk w/attachment Agenda 3/11/75
Director, Community Services w/attachment
1, 2 A S L,
THU; LEASE, made tia, (ith cj,,i,/ or April, 1,954, by -and
botwoon the CITY ul; CjL;jjj-jHT, .9 municipal cal,rju),uJion, CII,zol.ri
called the lessor, and C;Aflf)EN CLUB, a non-pxorit I-*l.orJ(;c,
coxpoxotion, heroin caller) Cho louarc-
"11THE"M11, that in consicicxotiol., of Uic covenants herein
contained, On the [)art of the said lcscco to be kept and porroxnacd,
the said lOssOx (1000 h(r0bY 1-clso to the said lessee, the f011Q%-,--
ing described propcy.ty in tho City of Cluxrnont, Lake County,
Florida, to -wit:
Lots Ton, E ' loven Twolvo and Thirteen (10 11, 12 6, 1.3),
Block Ninety (901 as represented on the Official 1':ap of
the City of Clermont filed 214126 and recorded in Plot
book OF Pages 17 to 23, both inclusive, public records
of Lake County, Florida.
TO I-1AV17 AND TO HOLD, the sonic for the tcxm of 99 years
from date hereof paying therefor the total rent of $1,00, the
receipt of which is hereby acknowledged by the lessor herein.
The lessee covenants with the said lessor:
(a) To make no unlawful, improper Or offensive use of the
premises and not to use c.,11,1 premiosa for '.11iy 0j.11cr. purpose
urpo!:.c than
01,
for the PUXPOse Of fostering, encouraging, Promoting, and devolOT.')-
in, civic beautification in the City of Clexrnont, Lake County,
Florida, and on public highways and loads entering the City of
Clermont.
(b) Not to assign this lease or sublet any portion of the
premises j..ithout
the %,.,ritten consent of the lessor.
(c) To pay all State and/or County taxes, levies and assess-
ments, if any, made.
(d) To construct only such buildings thereon under a complete
set of plans and specifications approved in writing by the lessor.
In the event of fire or other hazard destroying the whole
Or any
past of said premises, to repair and replace same in-n1ediately or
; F. MORSE
HEY AT LAW
NT. FLORIDA
0
r
rer-lov Q 0 1 .1 of t I 10 dri I j3:1 Q 41 nd ;.)a I.) ncl? of any o tiur, ttjx(. Go
(:Zl.•wj( (I or destroyed.
( C ) To k0cl) tho oljove propc):Ly r,(.) I.mp�:(wod L:ivt hoov'l
of fj.,Cc. fr.r,cn de'laxt" 02: kjf1dcx).)X110h' nod vjcodo will not
czicL.
(f) To quit and dolivcx up said prcmisco at the end of
said toxam and loov c acixecs If It shill violatr any of thr,
covenants of this Icase, tli(-.n said lcssce shall bccwnc z, truant
at sufferance, hereby viaiving all right of noticr, and lcocor
shall he entitled immediately to 3.,e-cnt(,x and xcta!,o poococnion
of the demised premises and all impxovamcntc thereon.
IN 1,-ITHESES V/1-BiEOF, thc pax -tics to these presents have
hereunto cot their hands and seals the clay and year first above
written.
S!.n.mcrj' Scaled and Delivered
of:
As to s-o-r.
As co Ussce
CITY OF CLM1`1'.C!',JT 11-2 1,117
D y
;'35 ore
C
ty Cler
CLEHj',!G'\rr GARDEN CLUB
B
President
Secxctaxy
STATE OF FLORIDA,
LAI',E COUNTY.
On this day prxsonally appeared before -ic, the undersigned
Notary Public, I. Ii. Boyd and A. :;. Johnson, to me v.,ell !movin
respectively as ;.layox and City Clerk of City of Clermont, a muni-
cipal corporation, and known to me to be the pcxsons who executed
the v.,ithin Lease, and acknowledged
that they executed the same as
the Officers Of said corporation and as its act and deed fox the
Purposes therein expross6c).
L4
F. MOOSE
4Y AT LAW
It, FLORIDA
Adak
tile,
11 t9�'
�'Al-T KK A II'_u-'il' flLLJI FI ,__►li_ ��1L���.I _- i
A 1. A. A R C H I T E C T, I N C.
February 26, 1075
i
Mr, Robert Hopkins
City Manager
;;1 west Gate Plaza
Clermont, Florida 32711
Re E 177.5' of the S 45'
Lot 13 in Lettered Block Lily,
Dear Mr. Hopkinsr
on behalf of my parents, Marvin and Thelma Jones, this
letter is sent to ask that the request for a variances
Of the above referenced property be withdrawn. 'lecause
of title problems, this property can not be purchas-0
at this time.
My thanks to you and the City Council for the work and
time already spent on this request.
Sinrerely,
Hick A. Jone=
NAJ/bj
cc; Mr. and Mrs. Marvin A. Jones
RECEIVED MAR 3 1975
i
13 O W M A N S T. C L I R M O t`,I T, F L O f; 1 0/
9 0 4 3 9 4- 4 7.0 0 '
February 26, 1975
Mr. Nick A. Jones
1655 Sunset Drive
Clermont, Florida 32711
Rai E 177.5' of the S 45'
`- 3,ot 13 in Lettered Block BB
Dear Mr. Jonesi
At their meeting last evening, the City Council considered
further your request for a variance on the above referenced
property.
In view of your comments to me Tuesday afternoon regarding
the title problems, it was my impression that you planned to
withdraw the request. A confirmation of your intontions.in__
writing in this regard would be appreciated.
The request will be on the agenda again on March llth. It
is hoped that a final decision by the Council can be made
at that time.
SincerrolVkvo
Robertt'M. Hopkins
City Manager
RMH:md
cc: City clerk'/official
i
It 1 Wont Onto Irinrn ■ Clormonl, 17loildo 32711 0 frhono. (004) 304.3141
LEGAL NOTICE
Pursuant to State Law notice is hereby given that
the City Council sitting as a Board of Adjustment
will hold a Public hearing in the Council Chambers
located on the corner of I -lest Avenue and DeSoto Streets
on Tuesday, January 14, 1975 at 7:30 P.(1, for the
following purpose:
To consider a request by Marvin and Thelma Jonos
for a Variance to Section 26-22 (C) (3)
(LOT AREA PER FAMILY) of the Zoning Ordinance in
order to construct a duplex on:
E 177.5' of S 45' of Lot 13
in Lettered Block BB
General location description: Fronting on Bloxam
Avenue on the East and Morning Drive on the blest.
All interested parties will be given an opportunity
to express their views on the above mentioned matter.
R. M. Hopkins,
City Manager
January 2, 1975 City of Clermont, Florida
VARIANCE REQUEST OY NICK JOIIL'S IN IIEIIALr Or
IIIS PAIMITS, MR. AND MRS. MARVIN A. JONES.
Legal Description:
L 177.5' of the S 45' of Lot 13 in
Lettered block I311
General Description:
Fronting on Oloxam Avenue on the Fast
and Morning Drive on the 4lest
The Variance desired is to Section 26-22 (C) (3)
of the Zoning Ordinance (LOT ARLA PER FAMILY)
in order to construct a duplex. They have
7,987.5 square feet. They need 10,000 square feet.
iA
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mmu_ rzi tv Z R4�%i1M n✓
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6LOX.4NJ
L��or4nd H. P.iJrd, .Jr.
Hoy W. C:rldwall
C. W(Aborn Daniel
Ton Y. Dougherty
Dcnnir, L. Horton
Owl-'ge H. 110vis
Rlclumd 11. Larq,loy
:11,0.1y; P. Norm"
11111lom 111. Stono
If you have any questions, do not hesitate to contact this
office.
Sincerely
City Manager
RMH/kd
cc: City Council
.FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
11114UP!1 !K. ��D9U1I Y�blllll'IU 114�1"A"
ATTOIIId[:Y AT LAW
1•o0T oY/ICK 11ox '00
401, OMIT" 07"Ke,
111.111IPIONW. 11111/111 A "UTII
TK L[I•riorlK lu Ua1 ]Y•1.O�tl1
Pabrunry 24, 1.975
City Council of Clermont
1 Westgate Plaza
Clermont, Florida 32711
ATTENTION: MR. ROBERT M. HOPKINS
Dear Mr. Hopkins:
Please inform the City Council that I would appreciate their considering me for
the position of City Attorney.
DENNIS L, li(,211TON. P.A..
AT'fORNI;Y AND COUNSf l.OR AT LAW
620 MONT ROSE SIAM6'f
C1,1301 IN'I', RO111DA 32711 TCLLI'IIONE 19041 294.5368
February 24, 1975
City Council
City of Clermont
01 West Cute Plaza
Clermont, Florida 32711
Gentlemen!
This is to advise you of my interest in the position of City Attorney
for the City of Clermont. I would be happy to discuss the matter with
you at your convenience.
Sincerely, / ,A
_.._ �iOwvi.a,c, � . 7•I�JC�Yr�i
Dennis L. Horton
DLH/rb
{2ECE1VE1] F [" .z 5 1s75
IRVING F. MORSC
ATTORNEY AT LAW
1160 CLOX�M AVKNNI
CLHimo T, PLORIDA 0E711
TLLLIIIONL N0/1 M-0000 Tebruary 24, ].9715
III.I NO,
Mr. Robert M. Hopkins
City Manager
1 West Gate Plaza
Clermont, Florida 32711
Re: City Attorney
Dear Bob:
I had 22-k years representing the City and 2 years
before that associated with Geo. Westbrook - there is
no other practice that I enjoyed more,
but as I am
employed by the State I can not apply.
`
Thanking you, I am,
Cordially,
—
F. Morse
IFM:vp
-
RECEIVED FE9 2 5 19*--
WILLIAM H. STONE
ATTOan CY AT LAW
,in Mn!!Nluee Jr111:KT
CLCNMUNT, FLONIOA 311711 !i Flo NC Inoni ]u,1.nUUn
February 25, 1975
Mr. Robort hl. Hopkins
City Manager
City of Clermont
Clermont, Florida
Dear Bob:
In response to your letter of February 21, 1975, I would
like to take this opportunity to convey my appreciation
for being considered for the position of City Attorney
and to advise that I would be interested in the position
if same were to be offered by Unanimous vote of the City
Council.
Yours very truly,
WILLIAM II. STONE
IVIIS : ngs
TO: City Council
FROM: City Manager
SUBJECT: Basketball Court
Jaycee Beach
DATE: February 27, 1975
Attached is a site plan showing the location of the proposed basketball
court for your consideration.
0-
Robert M. Hopkins
Attachment
cc: City Clerk w/attachment Agenda 3/11/75
Director, Community Services w/attachment
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fqH �,o. CLERMONT, FLORIDA
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RECEIVED MAR 7 1975
"FRIENDSHIP AND SERVICE"
�IInC
COUNTY beard of county commi8donere
Olfico of Ilia lako County En0lneur
FLORIN a y ' 416 W. Moln Slroal ..
1 : i• i Tavnrm, Florida 32770
March 5, 1975 (904) 343-5152, Ext. 61, 60
City of Clermont
City Clerk
1 Westgate Plaza
Clermont, Florida 32711
SUBJECT: State of Florida, Department of Transportation
5-Year Road Plan, 1975-1980
Dear Sir:
The Board of County Commissioners of Lake County, Florida
will hold a public hearing in the Board Room at the Court-
house in Tavares, Florida beginning at 9:00 am, Monday,
March 17, 1975.
The purpose of this hearing is to receive requests for
road improvement projects from all of the incorporated
municipalities of Lake County. These requests must be
in the form of a Resolution approved by the municipal
government and notarized by the City or Town Clerk.
If a representative is unable to present your requests
at the meeting, please mail said requests.to the Lake
County Engineer, 416 W. Main Street, Tavares, Florida.
It is important that requests be received at or prior
to the hearing inasmuch as the County must present the
requests to the State Department of Transportation in
Deland at 4:00 pm, Wednesday, March 19, 1975. Please
list your requests irk order of priority. If we can be
of any assistance in compiling your list, please contact
our office at your earliest convenience.
Very truly yours,
,/y� e-
OCRaam //lp12G„1Cice.
Lawrence J. orey, J RECEIVED MAR B 1975
Assistant Public Works Director
ohtrid one I olrrdwo d TI DIWId. Throe I oMIO
rlo Four D'kr Fl-
James R. Carson, Jr. C. A. "Lax" Deems J. M. Hoekinwn Thomas_ J._Windnm ,I ni..... ei o.,a.....
C, WELO❑RN ❑ANIEL
ATTUIINLY AT LA.
CLERMONT, FLORIDA 32711
79U Ma1ITIm YL CT099T
Ilatl[NT r. VAOUN, JH. 0. a. EUM 109
A.... Al. February 28, 1975 r90+r 39+•2i+a
Robert M, Hopkins, Esquire
City Manager
1 Westgate Plaza
Clermont, Florida 32711
Re: Administrative Procedure Act
Dear Bob:
Please find enclosed photo copy of memorandum from Burton M. Michaels, Staff
Attorney for the Florida League of Cities, wherein he expresses his opinion that
the Administrative Procedure Act does not apply to Florida Municipalities. Having
carefully reviewed his memo, I must admit that I concur.
I therefore believe that it would be acceptable for the City to discontinue publishing
the Agenda and likewise terminate the deadline for Agenda items. However, if
these procedures facilitate conducting the business of the City, I certainly find no
legal objection to your continuing to do so,
I sincerely apologize for any inconvenience which may have been incurred in this
matter.
IF
ery truly,
ert F. Vason, Jr.
Vjr/jp
Enclosure
RECEIVE) MAR 3 1975
Horida League of Cities, INS,
2" W.JCFFCMSON STMCCT
POST O�'FICC 0OX 1707 - IOM) 2229654
TALLAI ASSCC, FLORIDA 32307
!'ebrunry 26, 1075
NEFDRA17D0M
TO City Attorneys
PROM$ Burton M. Michnaln, 0taff Attorney
sunsBCr: Inapplicability of the Now Administrative
Procedurn Act (Chapter 74-310, Lawn of Florida
1974) to a Municipality In The Exercise of Ito
Own Governmental, Corporate or Pr0pr is tary Powers
The now Administrative Procedure Act (Chapter 74-310, Laws
of Ylorida, 1974) does not apply to a municipality when it is
exercising any of its governmental, corporate, or proprietary
powers. In short, a municipality in not an "agency" within the
meaning of that term in the new Administrative Procedure Act.
Ae'noted at the conclusion of this memorandum, a municipality
may come within the purview of the APA as a "party" or "person",
in which instance the act would be said to "apply", but with
reference to municipal activities of rule making, making decisions
which affect substantial interests, etc., the act does not apply.
Section 120.52(1)(c), Florida Statutes, created in the new
APA rands,
120.52 Definitions - An used in thin act:
(1) "Agency"means
♦ w a
(C) Each other unit of government in the state, in-
cluding counties and municipalities to the extent
they are expressly made subject to this act by
general or special law or existing judicial
decisions.
The exact and verbatim language in Paragraph (c) first appeared
in the history of this legislation in the committee Substitute for
Senate Bill 892 (1974 Regular Session), appearing therein as
section 120.021(1)(c). But the general language embodying the
concepts of this definition of "agency" first emerged in the
RECEIVED MAR 3 1975
,wiwnso�n�®
-2-
Fabruary 4, 1074, drnft of tho proponud rovinlon of the Adminia-
trativo hrocndurn Act proparod by tun Boportor of the Vlorida Law
Revision council. Attached are cellists of the firnt and second
pagan of that draft which invludn the Raportnr'n notnn. Hotn that
the term "judicial dacinion" appears on linen 4 and 5 of page 2.
Though the nonato Bill (CO/bR 092) ultimately passed and
became lnw, the history of tlse Henna of Ropraaontntiva'o version
(II0 2672) in important to garnor loglnlativa intent.
An originally filed, the paragraph in question in House
Dill 2672, regarding 'Other unite of government" coming within
the definition of "agency", was quite different from the final
language ultimately panned by the 11ouoo. But, in the Committee
Substitute for House 0ills 2672, 2434 and 2503, the language of
that pertinent paragraph roads
(c) each other unit of government in the state,
including countion and municipalities to the
extent they are expressly made subject to this
act by atatuto or law.
On April 17, 1974, this bill came up on the floor of the House
of Representatives for a third reading. Attached are copies of
pages 352 and 353 of the Journal of the fioune of Representatives
reflecting the floor actions on Amendments 2, 9, 10 and 11, which
are self-explanatory. Amendment 9 cloarly sought to bring munici-
palitics under the act its ultimate failure of adoption clearly
showed the legislative intent not to include municipalities within
the act itself, within the definition of "agency "
The reason that the phrase "judicial decision", appearing
first in the February 4, 1974, Law Revision Council draft, became
"existing judicial decisions" in Amendment 2 was because of
hearings in the House Appropriations Committee. The Appropria-
tions Committee wanted to expressly limit this phrase to "judicial
.3-
decisions" JjL_-&L!LLOJM when the bill became law, [e,g. CpnRpv v
Marl of Public T9i■,h�};1g1�li,,(L0 nn gICnunty, 227 Do. 2d 80]
(Fla, App. lot Diet., 1969)j.Ot'horwine, a possible construction
could be made that the Florida l,agielnture was attempting to
make an unlawful delegation of leginlntivo Power to the judicial
branch of government.
When Committee Substitute for House Dills 2672, 2434 and
2583 panned the House on April 17, 1974, the pertinent paragraph
in question reads
(e) each other unit of government in the state,
including counties and municipalities to the
extent they are expressly made subject to
this act by statute or existing judicial -
decisions.
The ultimata legislative vehicle that finally contained the
Precise language of said paragraph (c), as it became law, was
Committee Substitute for Senate D111 892. Thin bill was reported
favorably and placed on the Sonata calendar by the Senate Committee
on Rules and Calendar on May 6, 1974, or about three weeks after
the House version passed the House of Representatives. Sonata
Dill 892, the predecessor to CS/SB 892, was introduced on
April 23, 1974, six days after the House version passed. It,
too, tracked the language in the bill that passed the House
• (CS/HB 2672, 2434 and 2583) in these worde,
(c) each other unit of government in the state,
including counties and municipalities to the
extent they are expressly made subject to this -
act by statute, law or existing judicial decisions.
From all of the foregoing, it appears abundantly clear that
the Florida Legislature chose to exclude municipalities from within the
definition of "agency" and, therefore, from coverage under the
new Administrative Procedure Act (Chapter 74-310, saws of Florida,
1974) - at this time. By future "general or special law", muni-
cipalition may be included under the act, but only "to the extent
i
I
._ ..... ._._...:. .. ass
they are oxpronnly made nubject to thin act..
.Some confusion has been crontod by a rocnnt Attorney
General's Opinion (AGO 074-309) as to the applicability of the
new Administrative Procedure Act in the Betting of municipal
electric utility rates, What the Attorney General opined in that
opinion in that the now Administrative Procedure Act appliea to
the Florida Public Service Commianien which hen jurisdiction
under chapter 74-196, Lawn of Florida. 1974, "(t]o proscribe a
rate structure for all electric utilitisu." Thin j urindiction,
he questionably coneludon, includes the Getting or "prescribing"
o£ municipal utility electric rates. Nowhere does t110 Attorney
Gonoral'4 Opinion ever hint or imply that the now Administrative
Procedure Act applies to a municipality in the exercise of its own
powers.
The Administrative Procedure Act is quite important --
-qu portent to
municipalities who may come within the Act'n definitions of
"party" (Section 120.52(9), Fla. Stat.) or "person" (Section
. 120.52(10), Fla. stat.). When state agencies adopt rules or
make decisions which affect substantial interests, a municipality
may Well be affected. It in for this reason -- and because of any
potential future amending of this Act -- that City Attorneys are
urged to become well versed in the provisions of this law.
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DAWKINS & ASSOCIATES, INC.
GNGINEM / PLANNFIM / SURVEYORS
rn_ 02 West Punnsylvnnlo Strout
P,O, 0ox 0004 Orlando 300 / 843.0213
Orlando, Plorldn 32000 Lukulnnd 013 / 0113.4003
March 5, 1975
Mr. Robert M. Hopkins
City Manager
City of Clermont
H1 West Gate Plaza
Clermont, Florida 32711
Status Report- Seminole Well
44-505
Dear Mr. Hopkins:
Information relayed to us by the Contractor, Locke Well and Pump Company,
indicates that there was no rock formation of sufficient density and depth
upon which to seat the18-inch casing prior to the level of 227 feet below
natural ground surface. The contract indicates an approximation of a suit-
able formation upon which to seat this 18-inch casing at 180 feet. Thus
the over run in 18-inch casing is some 47 feet. The reduction in 12-inch
casing will be, of course, a like amount so that the net increase in cost
is $9.50 per lineal foot or an increase in Contract costs approximating
$450.
It is proposed to continue open -hole drilling to a depth of approximately
570 feet after which sampling of the available water will be made as to
quality and quantity. If it developes that water of adequate quantity and
suitable quality is available from this formation lying between 227 feet
and 570 feet, an evaluation will be made as to recommending that this upper
water be utilized forgoing the expensive necessity of installing 12-inch
casing and extending the well to the greater depth. If this procedure can
be successfully pursued, we anticipate a savings in this contract of which
can possibly be applied to some other phase of the water system such as
development of the Highland Avenue No. 2 Well.
This communication is an effort to keep you apprised of the status of the
work in process there. Should you have any questions on any of the above
or need additional information of any type, please advise.
Sincerely yours,
DAWKINS & ASSOCIATES, INC.
D. L. Crowson, P.E.
Senior Project Manager
DLC/cwt
copy to: Locke Well and Pump Company
Orlando, Florida
RECEIVED MAR 6 1975