10-14-1975 Supporting DocumentsM I N U T C S NO, 1192
A Reggular Meeting,� of the City Council of the City of Clermont, Florida was hold
in tha Council Cflambers on Tuesday, October 14, 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, Byrd, Schroedel, and Blackburn. Other officials present were:
City Manager Hopkins, City Attorney Baird, City Clerk Carroll, Director of
Community Services Smythe, and Chief of Police Tyndal. Others present were: Mr. and
Mrs. C. Welborn Daniel, and Messrs. Hanks and Beals. A representative of the
Sentinel/Star was 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 Regular Meeting held September 23, 1975 and of the Special Meeting
hold September 29, 1975 were approved as written.
Mrs. Carol Sue Daniel, representative of the Clermont Jr. Womans Club, appeared
before Council to inquire of and to solicit the city's cooperation in their
project this year of assisting the Cooper Memorial Library Board in their need for
additional operating expenses. Mrs. Daniel advised that their initial proposed
project in this endeavor was to promote an all day carnival/entertainment program
which would hopefully consist of total community participation, and if their
proposed be accepted by Council, would solicit the participation of all local
merchants, civic and fraternal organizations. Mrs. Daniel inquired of Council's
opinion and permission of the following: Use of Jenkins Auditorium, parking lot,
and adjacent park on the east for various booths, games, and pony rides; hayride
in the evening; rides offered on the city's fire truck, and utilization of the
Chamber of Commerce phone for radio publicity. Council was'in agreement with'.
such a worthwhile project as proposed to be sponsored by the Jr. Womans Club,
and felt it was commendable on their part to undertake such a program in
their effort to assist another organization. Motion was made by Councilman Schroedel,
Daniel was advised however, that the request Tor use oT tine it
phone would have to be made to officials of,that organization.
City Manager Hopkins submitted his report both orally and written, and a copy
is attached hereto. Mr. Hopkins further reported as follows: That the local police
department was sponsoring a "Help Stop Crime Program" via films in the Jenkins
Auditorium on November 4th, and, That inamsuch as Veterans Day on November llth,
a holiday observed by city employees, also fell on a regularly scheduled council
meeting night, inquired of Council's desire to hold the meeting as scheduled,
re -schedule to a different date, or cancel it. It was consensus of Council that
the meeting be cancelled for that date, and if a need arose for council action
prior to the next regularly scheduled meeting on November 18th, a Special Meeting
could be called.
Mayor Smoak submitted his report both orgally and written, and a copy is attached
hereto. With regards need for Council designation of a voting delegate to
the Florida League of Cities convention to be held on October 23rd, 24th, and 25th,
it was the suggestion of Mayor Smoak that City Manager Hopkins be so designated
inasmuch as he shall be attending the sessions on all three days. Council was
in agreement with this and Mr. Hopkins was so designated. Mayor Smoak further
reported that he had contacted Dr. John Zoltek and Ms. Suzanne Bailey, Assistant
Professor of Engineering Sciences and Ecologist at the University of Florida,
respectively, and that they were agreeable to come to Clermont for just the
cost of travel expenses to survey the physical site of the city's treatment plant,
the potential availability of use of the marsh for effluent distribution as
opposed to purchasing land for spray distribution, and then meet with all interested
persons at City Hall on Friday, October 17th at 10:00 A. M. He advised that Dr.
Zoltek and Ms. Bailey were the two people reforming and doing the research work
on the Wildwood marsh for effluent distribution from the City of Wildwood.
MINUTES M 11.93
City Manager Hopkins reported briefly on the recent meeting of the South Lake
County Planning & Zoning Committee at which he, Mrs. Ray from Clermont, Mrs.
McDonald from Minneola, and Mike Willett and Nancy Crissinger from the Lake County
Planning Department were in attendance. Ile advised the "jist" of the meeting was
to review the conunents developed by the City of Clermont and the Town of Minneola
in response to contents of the county plan, and that for the most part, Mr. Willett
was agreeable to either modifying the language or clarifying certain points to
keep it in line with what the city's feeling was.
Mayor Smoak, City Manager Hopkins, and Councilman Blackburn each reported briefly
on the recent sponsored Lake County League of Cities meeting regarding the state
mandated Municipal Planning Act to which state officials from seven different
adjoining counties had been invited to attend and participate. Inasmuch as it is
often that the original intent of acts has been distorted'by'.time,df..implementation,
they reported they were well pleased that Representative Nelson, sponsor of the
Act, was present to explain his reasoning and intent in sponsoring same. Mayor
Smoak enumerated points brought about during the meeting which he felt were very
beneficial in making the state officials and legislators present, aware of the
problems and feelings of local municipal officials, as follows: Insufficient
cause shown for the need of such an Act as mandated from state level; That
local municipal officials were greatly concerned about the cost requirements
and cost burden to each municipality in implementing such an Act; That very few
municipalities had existing "in-house" persons with the necessary expertise as
required; to put such a plan together as complete as it is expected to be; and,
That it was a general feeling of local municipal officials that no need existed
for excessive state controls over local government, that local people have a better
feel for what their needs are, a better feel for how their funds should be expended,
than having mandates for such issued from the state level.
Motion was made by Councilman Blackburn, seconded by Councilman Schroedel and
carried, that the bills be paid.
Councilman Oswalt introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY
OF CLERMONT, 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 Ordinance
was read for a first reading by City Clerk Carroll, by title only.
Councilman Blackburn offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING SUB -SECTION
C OF SECTION 5 OF ORDINANCE NO. 57-M ESTABLISHING A RATE SCHEDULE AS EXHIBIT A TO SAID
ORDINANCE: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY:
PROVIDING AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was
seconded by Councilman Byrd. 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 results was: Ayes: Oswalt, Byrd, Schroedel, Blackburn, and
Smoak. Total Ayes: Five. Nayes: None. So the ORDINANCE was adopted and the
number 80-M assigned to it.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX
A OF THE CODE OF ORDINANCES: REZONING THE REAL PROPERTY DESCRIBED HEREIN FROM
R-1-A ZONING CLASSIFICATION TO C-2 ZONING CLASSIFICATION: REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY: PROVIDING AN EFFECTIVE DATE: AND
PROVIDING FOR PUBLICATION and the motion was seconded by Councilman Blackburn.
The Ordinance was read for a second and final reading by City Clerk Caroll, by
title only, and upon roll call vote on passage of the motion, the result was:
Ayes: Oswalt, Byrd, Schroedel, Blackburn, and Smoak. Total Ayes: Five. Nayes:
Nayes: None. So the ORDINANCE was adopted and the number 137-C assigned to it.
Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE
OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE OFFICIAL
MINUTES N9 11.94
ZONING MAP OF THE CITY OF CLERMONT, FLORIDA, REFERRED TO IN SECTION 26-1 OF APPENDIX
A OF THE CODE" OF ORDINANCES: REZONING CLASSIFICATION 1.0 M-1 ZONING CLASSIFICATION:
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOIL SEVERABILITY: PROVIDING
AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION and the motion was seconded by
Councilman Byrd. 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. To the ORDINANCE was adopted and the number 138-C assigned
to i t• .
With regards the city's position as to what necessary steps should be taken to
either improve the badly deteriorating private property known as Freeman Lane
and used by the general public, or prohibit Thru Traffic on it, City Attorney
Baird advised the cost would be prohibitive to acquire title to the property
In order to establish it as a street and thereupon make improvements, and he thereby
recommended that it be blocked to thru traffic to eliminate any possibility
of the city being liable for damages incurred as a result of its condition: Motion
City Attorney Baird submitted a corrective Quit Claim deed on the property in Oak
View Subdivision previously quit claimed from Mr. & Mrs. Don M. McCaffrey, wherein
it assured that the property would be used for street pruposes. Motion was made
by Councilman Oswalt, seconded by Councilman Schroedel and carried, that City
As a result of many months of study and review of City Charter by the Charter
Revision Committee, chairmaned by City Attorney Baird, he submitted a proposed
charter in its entirety which deleted those things over which the Home Rule Powers
Act took precedence, included the latest general laws, corrected antiquated
language, and clarified many points. In order to conform with existing election
laws and be able to place the proposition of a revised and new charter on the ballot
of the General Election to be held on December 2nd, Mayor Smoak submitted the
following format: Public Hearing to be held on Monday, October 20th in the
Council Chambers at 7:30 P. M. to review the proposed charter; Council action
in regular session on October 21st to have emergency enactment ordinance prepared;
and, Council action on Enactment Ordinance at regular meeting to be held on
October 28th. Motion was made by Councilman Oswalt, seconded by Councilman Byrd
and carried that the proposed format as submitted by Mayor Smoak be accepted.
With regards the request of the Lake Improvement Committee that Council take formal
action requesting to the East Central Florida Regional Planning Council for permission
to administer its own work program as to be provided for in the "208" program,
it was decided that a letter be formulated and submitted to the city's East Central
Florida Regional Planning Council representative first for his perusal and comment,
and then same be considered by City Council.
With regards appointment of a city representative to the Lake Community Action Agency,
Inc. Board of Directors, motion was made by Councilman Schroedel, seconded by
Councilman Byrd and carried that Mrs. Bess Jones be appointed.
With regards various proposed changes to the Signs and Zoning Ordinance as recommended
by the Planning and Zoning Commission, there still remained certain aspects for
consideration by Council. City Manager Hopkins submitted a resume of these to
Council, and a copy is attached hereto. With regards the 2nd part of Enumeration
No. 3 as regards changes to the Sign Ordinance, it was consensus that total frontage
on corner lots be clarified to read that frontage shall be determined on each
street that it faces. Motion was made by Councilman Blackburn, seconded by
Council
and
MINUTES
P
7
N91195
Or'fc{nance.�Gfftfi regards Llie discussion held regarding changes to the riniu i,mic
or var ancos, it was consensus of Council that no change be made.
With regards recommendation of the P & Z Conunission that Churches be allowed
In C-1 and C-2 zoning districts; as a Conditional Use in addition to the existing
R1AA thru R3 zoning districts in which they are presently allowed, it was consensus
that zones M-1 and M-2 also be included, whereupon motion was made b Councilman
Oswalt, seconded by Councilman Blackburn and carried t at C t Attor� Uaira
The meeting was adjourned by Mayor Smoak at 9:45 P. M.
Claude E. Smoak, Jr., mayor
Dolores W. Carroll, City J
Derk
0
GENERAL FUND
American Public Works Aimoc.
Armstrong, anith Paints
Bob 'a
Cal liegstvomr
Central Fla. 13ig r?70virg;u
Clermont Auto Part;;.', Inc.
Clermont Builders Supply, Inc.
Clermont llardwaro & Cupply Co.
Clermont Shull Station
Cobloa Radiator & Auto I:)lect.
Duat-JI'cx Service
Eckerd Drugs
F & R Office Supply
Freeman'❑ Repair
Gem Chemical Co.
G1enm Joiner & Son, Inc.
Goodyear Service Station
Harb Equipment, Inc.
Hi —Acres, Inc.
Hunts Garden Center
hilltop Stationery
I B M
Jim Willis
J & L. Lock Co.
Kar Products Inc.
Konsler Steel Co.
Lake Apopka Natural Gas Dist.
Maddens Electrical Service
McCain Sales of Fla., Inc.
W. M. Teal
Mobil Oil Corp
Morgan's Auto Parts
Motorola Inc.
Southlake Press
Standard Auto Parts
Sears, Roebuck & Co.
The Daily Commerical
Williams Garage
Western Auto
ACCOUrt't'S PAYAKE 0WOBUi 1975
Paint)
Rup.!iir Teat Cuohlon & Pack Rost)
Copyrstat '%Irt plion)
Rur'lap B'IgllJ
Auto Ntint• &Repait- Prtrtn)
Concr(,to & Pn1nt)
Auto M11int. & Repair P111'")
Tivu R(ipais')
mdantor Repair)
Janitorial >ul,pliou)
Prinnorc 5upp1100, 1'lim, First Aid)
Filet;)
Crank Pu11uy & Water Pump)
Janitorial Supplies)
:Grind Valor)
;Tiros )
'Trans. Fluid)
;Chlordane 811,)
(Chlordane, tog Food)
(office Supplies)
('fypewri.ter, Ribbonrs)
(r4ail. Box Pont)
(Small Equip. Repair Parts)
(Install. Switch on Pump)
(Sims)
Diesel. Fuel)
(Petroleum Products)
(Auto Maint. & Repair Parts)
(Radio Maintenance)
(Publishing)
(Auto Maint & Repair Parts)
("C" Clamps)
(Advertising)
(Vehicle Repair)
(Batteries)
7
9,0.00
6.59
110.00
19.95
105.00
151.60 ;I
1109.30
10.80
2.00 !
21.00
14.60
18.28
18.60
15.00';
56.70
10.00
399.00
33.30
22.00'
9.511
269.69
27.00
6.35
2.83
250.26
14.04
25.00'..
7671i;
542:16';
190.00!
1,232.50<
197.10.
6.10
12.60
12.10
12.00
4,906.75
U..
ACCOU11Y5 PAXA13TE OUYPODEi 1975
UTILTPIPS DEPAMMEITV
Clermont Huildore Supply
(Building Supplier))
19.09
Clermont Auto Parts, Inc.
(th.)tor Mounts, Dcaringo, U-Joint)
51-78
Clermont hardware & Supply Co.
(Dip Not, Rubber Pootrs, Nittcry)
33-86
Curtin Matheson Scienti.£ic Inc.
(Chemicals)
126.93
Hilltop Stationery
(Of Tice Suppli.ea)
3.93
Hack Chemical Co.
(Chemicals)
26.94
Konalcr Stool Co.
(Stool)
15.51
Lakeland P.atteries
(13attery)
20.85
Mid -State Mechanical, Inc.
(P.V.V. Pipe)
61.88
Morgons Auto Parts
(Muf£lor & Tail Pipe)
29.30
Orlando Lab., Inc.
(Chemical Analysis)
35-00
S.O.U.S., Inc.
(Vales, Ello, Caps)
421.417
Sta-Con Inc.
(Control Unit, Power & Door Cable)
218.00
Standard Auto Parts
( Auto Parts & hhi.nt)
6.76
Western Auto Asseo. Store
(!loots)
8.99
1,079.62
TO: City Council
FROM: City Manager
SUBJECT: Churches - C-1 & C-2 Zoning Districts
DATE: October 10, 1975
At present, churches are allowed in R1AA thru R3 zoning districts as a
Conditional Use.
At a meeting on October 9, 1975 the Planning and Zoning Commission considered
allowing churches in the C-1 and C-2 zoning districts as a Conditional Use.
The P & Z Commission voted in favor of the change. The Commission felt
that churches would not be any more detrimental in a commercial zone than
a residential. There was no apparent reason why the churches were omitted
from the commercial zones.
It is recommended that the Council initiate action to amend the ordinance.
.M.H in
cc: City Clerk Agenda 10/14/75
Building Official
City Attorney
i
1'O:
Cll.y Cnunr,ll.
I'IIONI
CILy hIanogor
SUBJECT:
i' f. ! RucaunntondnClonu
Signs and Zoning
DATE
SepLember 30, 1975
As it reoul.t of thu joint work nosnlon of the City Council and the Planning 6
Zoning l:mm11ilsnion, the following aspects of Lhc proposal are noted for furthor
cons 4doratIon.
SIGNS
1. Off site signs uhnll not: be located nearer than fifty (50) feet from
inLeraceLing aLrecl right-of-way lines.
2. Political signs may not exceed sixteen (16) squnre feet rather than twelve
(12) square feet.
3. Off site signs are presently permitted based on thirty-two (32) square
feet of sign for the first twenty-five (2.5) feet of frontage. It was
a consensus Lhat the wording be clarified to allow thirty-two (32)
square feet of sign for frontage up Lo twenty-five (25) feet, thereafter
on the one to one ratio to the maximum of three hundred (300) square
feet.
Also, the provision that where two (2) ground or projecting signs are used,
on a lot the area of both signs shall not exceed the area allowed for
the total frontage should be clarified as to total frontage on corner
lots.
4. Wall and marquee signs are presently'permlLted based on thirty-two. (32)
square feet of sign per fifty (50) feet of frontage. The proposed change provides
for thirty-two (32) square feet of sign for the first twenty-five (25)
feet of frontage, thereafter on a one to one ratio up to the maximum size
allowed. It was consensus that the word[ul; be clarified to allow thirty-
two (32) square feet of sign for footage up to twenty-five (25) feet,
thereafter on the one to one ratio up to Lhe maximum
5. The provision requiring a licensed sign erection company for the installation
of signs larger than thirty-two (32) square feet or higher than ten (10)
feet from ground level to bottom of sign was referred to the City Attorney
to determine city's responsibility and liability in the safe erection of
signs.
6. It was also noted that Section 26-79.30 be clarified as it relates to the
reference points in the measurement of sign setbacks (Right of way and
leading edge of sign).
iittr '�
City Ccunall.
Septombur 70, 1975
ZONING
1. Th. n- win vo ideribl, dIncuanl, : rogardI •g tbn doe.rnbilIty and
I'I;,IIty I-f rime l.lnilt for virlancen.
It. AI l.e,
cc: City Clerk - Agenda 10/14/75
City Attornoy
Building Offl,!lnl
TO: City Council
FRO14: City Manager
SUBJECT: Lake Improvement Committee
DATE: October 9, 1975
At a meeting on October 9th, the Lake Improvement Committee discussed -
the City of Clermont's involvement in the 200 program.
In order for Clermont to receive significant benefits from the program,
partlakeirestoration, the committeeefoolsgthatsClertormontrs�houlde1ent and
seek
independence from Orange -Seminole -Osceola by administering the
"Clermont portion" of the program.
Attached is a sample letter drafted by Sandy Young which enumerates
the committee's feeling.
The committee requests that the Council take formal action, letter
or resolution to the East Central Florida Regional Planning Council,
I
requesting that Clermont be permitted to administer its own work
program.
1. �Ini
Attachment
cc: City Clerk w/attachment - Agenda 10/14/75
City Attorney w/attachment
L e-rT
As indicated in our porposed work program of December 1974, Clermont has
defined specific studies relating only to stormwater management and take restoration
procedures. We are concerned that the specific reasons for our participation in
the 208 water quality management planning program will not be realized. These
particular studies, when completed, will hopefully provide detailed construction
plans and work schedules. For instance, if the 208 study indicates that some of
the ten lakes require sediment removal for restoration, factors such as the amount
to be removed and the location and area required for dewatering the sediments should
also be determined within the 208 program. Our work plan also includes development
of stormwater management practices for each catchment system for each lake.
The enormous numbers of systems in Orange, Seminole and Osceola counties
necessitate the utilization of general rather than specific approaches to runoff
management and lake restoration. Clermont has, through its own efforts during the
past years, gathered this generalized data, including a comprehensive literature
survey and has done various studies on all the lakes. Clermont, therefore needs
more detailed, specific data than will be gathered in the larger portions of the
208 area.
Conversely, such problems as feedlot runoff management, solid waste disposal,
deep well injection and groundwater withdraw studies are not areas in which
Clermont meant to concentrate effort at this time.
Accordingly, it is our wish that Clermont's scope of work be preserved in
its entirety. A possible method to insure that Clermont gets the information
needed from the 208 study is to have Clermont directly administer its own portion
of the study.
RECEIVED 81975
Labe Community Action Agency, Inc.
a2 Ji(ignolin Ao mnn ENaiv, Horlda 327.16
111Nmmw 901.357•5550. 357.3,197
IAME.S II. I.oWR ATTORNEY JXFFXBBON BAY, IN S, T. &. PINKNRY
R...ullr. Ult..tot
P-1d.n1 VIve.PeeelJenl
MANY Owl,EB, B--l-ly
C.1. MACKEY, T....n,,, October 6, 1975
T. if. POOLS, PeJlm. nle,len
BOARD ON DIRECTORS
B, T. R. PINKIIKY
YRANK BKILnnEAD City Commissioners
ORDIX SHOWN City of Clermont
C. O. LOTT
LEWIS Y. HART Clermont, FL 32711
WALTKR )NINNY
ELLA McCRABY
IIUIIBY.IIT IIAIIIIIS Dear FYicnds:
BEES A. )ONES
LEE M.COMB
ROBERT MILLEII Again, it is time to form a new Lake Community Action
Agency Board of Directors.
We are giving the City of Clermont an opportunity to
nominate a representative to serve on the Board for
the program year beginning December 1, 1975 through
November 30, 1976.
Your nominee will be presented to our Board at the
Annual Meeting at the Leesburg Community Building's
Main Auditorium, at B P.M. on Wednesday October 29, 1975.
May I remind you that our primary mission is to alleviate
or erase poverty and its causes. we form that bridge
which brings the persons with needs to that local agency
that can best serve these needs.
Please complete and return the enclosed nominee form
not later than October 17, 1975.
If there should be any questions please call our office.
Thank you.
7s n erely,
es H. owe
xecutive Director
JFL/wmc
Enclosure
AN EQUAL OPPORTUNITY EJIPLOYER
CITY MANAGER'S REPORT
14 OCTOBER 1975
BOND VALIDATION
The bond validation hearing for the water and sewer improvements has been
scheduled at 11:55 A. M. on November 4th in Tavares.
WATER & SEWER BIDS
Scaled bids on the water and sewer improvements will be received by the city until
2 P. M. November 13th. The bids will be reviewed by Dawkins & Associates and a
recommendation for award will be made at the Council meeting on November 18th.
Notice of the project is being sent to 35 Florida firms as well as the F. W.
Dodge Company and the Central Florida Builders Exchange.
VOTER REGISTRATION
The deadline for voter registration for the December 2nd City election is 5 P.M.,
Saturday, October 18th. As a convenience to the citizens, City Hall will be
open Saturday, October. 18th from 8 A. M. - 5 P. M. Also, the Supervisor of
Election's office in Tavares will be open that day until 5 P. M.
DOOR TO DOOR SOLICITATION
From time to time we get comments from citizens regarding needed controls on
door to door solicitation. It is the feeling that door to door solicitation
should be controlled through investigation of the salespeople and registration with
the city. At the present time we require that salespeoplefrom out of town
register with City Hall and the Police Station. The registration consists of
nothing more than recording the name of the sales person and the company and the
time when sales will be conducted. To do anything more sophisticated than that
would be time consuming and costly with questionable benefits. It would be
virtually impossible to check the credentials and register every person who goes
door to door trying to sell some product.
' R h1c nS s
h
MAYOR'S RrPORT
The Luke County League of Cities will meet Wednesday night, the 15th of
October, in the Mt Dora Community Building at 7 P. M. The program for
the evening will be delivered by the Honorable Richard Kelly, Congressman
from the 5th District. His topic will be "Novi locally elected officials
can assist federal officials in the performance of their duties". He
will also speak on the Federal Revenue Sharing Act which is due to expire
in 1976. I urge all of you who can to attend.
The Florida League of Cities Annual Convention is to be held in Orlando the
23rd, 24th and 25th of October. Any council member who desires to attend
please contact the City Manager for necessary reservations.
Clermont's next election will be held on December 2, 1975. The Seats 2
and 4 will be on the ballot. In addition, the acceptance of the changes
to the municipal charter will be voted upon. Qualifying ends November 17,
1975. Qualifying', petitions are now available at City Hall for all those oarties
who may wish to place themselves as a candidate in this election. Persons
wishing to register for this election who are not currently registered in
the city may do so at City Hall until 5 P. M. the 18th of October.
Registrations may also be effected in the office of the Lake County Supervisor
of Elections in Tavares thru 5 P. M. Saturday, October 18th.
Claude E. Smoak, Jr.
October 10, 1975
1l0VAPI AMA) 113AHIA)
ArIC11111VI. AT LAW
I WMI WATR NLA;A —Wr.
(llr I11"111VTr V1,0111IIA aUTll
O ION06 [ NOVI/
Lmruno n a•nln, ul
July 17, 1975
IIIIINON Nw) so..v0,
Honorable Claude 1;. Smoak, Jr.
Mayor, City of Clermont
840 2nd titreet
Clermont, Florida 32711
RE: REQUEST FOR OPENING AND CONSTRUCTION OF STREET
I
Dear Mayor Smoak:
Pursuant to the City Council's request, I hay.! researched the gllrst•ion o1 the
opening and construction of a street and the purported contract. hntween 111c City
of Clermont and Mr. Don McCaffrey.
The City Charter provides that the City had the power to open and construct streets,
but neither the Charter nor the Code of Ordinances indicatesany rules or regulations
to follow in determining whether a street should be opened. Florida law on this
subject is somewhat limited.
It is generally accepted, however, that the question of opening or constructing a
street rests in the discretion of the City Council and is governed by the necessi-
ties of travel in each particular case. Normally, the courts will not interfere
with such discretion unless a clear abuse of the discretion can be shown. ,
It is also generally accepted that the exercise of this discretion cannot be re-
stricted by contract. A contract concerning the opening, closing or construction
of a street is considered "ultra vices" and void. Thus, any contractual agree-
ment with Mr. McCaffrey concerning future opening of a street is void. T11e only
consideration in opening a street is the "necessities of travel".
There is an indication in the file that the property in question was deeded to the
City at a value of $4,200.00. Since the consideration the City was to pay (ie,
opening a street) is void, the City may be liable for what would be called an "ad-
equate consideration". It would be my opinion that the "adequate consideration" j
is $4,200.00.
If the City determines that the street should be opened, there is no responsibil-
ity to construct a particular type of street or use a particular type of construc-
tion. This decision again :is controlled by "necessities of travel" and cannot be
affected by contract.
. Ilonarrtbls Clnuda P,. SmonL, ,ir.
July 17, 1975
Page 2
It would be my roeammeudntdon that tiro CLI.y doterml.no if tha necentliClos of Crnv-
e1 domand a atreat• at thnt particular locntion, and if so, whnL I•ype of construc—
tion should be used. If there in no demand for a street, 1. would auggesL the City
notify Mr. ticcarfrey and enter into naLOIAntions for pnyment .r nn adequate conuld—
arntion for the property.
Very truly your:;,
4-1
LEONARD 11. BAIRD JR.
LFIB/hmb '
TO: City Council
FROM: City Manager
SUBJUCT: McCaffroy-Street Improvement
DATR: Soptombor 5, 1975
On Monday, August 26,1975 I mot with Mr. and Mrs.
Don McCaffrey regarding their requostod street improvement
on the property deeded to the City by the McCaffroys in 1969.
At the Council meeting, I was instructed to discuss
the possibility of a payment to the McCaffroys in lieu of the
construction of a street. The McCaffroys ware most emphatic
in the position that the property be used for a street and no
other purpose. They are not interested in a cash settlement.
The initial question which needs to be answered
is whether the City is obligated to honor the commitment made
by former City Manager Albert Johnson. While the deed makes
no reference to street purposes, Mr. McCaffrey contends that
since the property is fifty feet wide, the purpose is obvious.
The McCaffroys are of the strong opinion that the commitment
was made in good faith and should be honored.
The second question which needs to be answered is
whether the street improvement should be made. Since the pro-
perty to the cast is vacant for the most part, the improvement
does not appear to be necessary at this time. However, when
the property to the east which fronts on the US 27 service road
and is zoned commercial, develops, a rear access road could be
highly desirable. This, to some extent, will depend on the type
and extent of development.
From the standpoint of protecting the residential
uses from the commercial uses, a street or alley is generally
considered a good separator, particularly if coupled with land-
scape or other buffers. It obviously provides greater distance
between the uses. If treated solely as a means to serve the
commercial, the street, in effect, could be little more than an
alley. Thru traffic could be discouraged by making the alley
one-way north to south, assuming the improvement was made from
Minnehaha Avenue to Hook Street.
These comments regarding the desirability and feasi-
bility are made only to show that under a given set of circumstances
the street or alley could be desirable for all concerned. It
doesn't seem unreasonable to assume that the City could very well
require rear access for certain types of development.
The McCaffrcys have stressed that they want the property
used only for a street and that they will not be required to share
in the cost of construction. They agree that the improvement may
not, in fact, be necessary at this time, but want assurances that
their position will be honored in the future.
In answer to question one regarding obligation,
It appears the Clty's future development position would
be enhanced by rotn.lning the property for right-o-wily
purposos. 'Phis observation is made from it practical
rather than from it lagal viewpoint.
In answer to quostion two, the McCaffrcys and
I agree the ,improvement is not necessary at this time.
I don't believe the City can be tied to a specified im-
provement data as the McCaffroys desire, but should make
the improvement at such time as the City determines it
is needed and can bo justified. Tile matter of making
the improvement at no cost to Mr. McCaffrey or subsequont
owners or developers is it legal question which I am not
prepared to answer.
It. M. Hopkins
"0 lktx 606
t:In•ruumt, florid, 32711
7aptembcr Il, 1075
City of Clcrovrni.
Clermont:, Vlortda :I2711
Attention: City Hv- Robert Ilupltl.nn, nrvl Thc. CLty CnuacLl
C,nmpletinn of 111.Ihnll.and Sti:c„t, Clermont, PLorIda
Gent ieliY:n'.
Our position on the completion ofMilhoiland Street from Route 50 to Hoult
Street: In that in the best lntr_rertn of all concerned, this project should
be Ln the future city plans. The rights af ways have been dedicated or
held nvsilnbl.e ninco the early to mid fi.ftl.os, with full knowledge that:
(1) The property would eventually go to commercial development
l.f Clermont la to grcn+ and prospor, and
"i
(2) That such conunercial. development Should have nvailable to
Lt ready access from the rear, directly from Routh 50 and
the southern approach on Iloolt Street.
To consider Such conme_rclal approaches over the J.ight duty streets in
Unit View and ,uliny Dc11 Sub-di.vLs Lon; wouLd he most LmpractLcnl.
The originalarrangement war. concluded by us and the City 11anager, after
consultation with Lite City Engineers. It wns evidenced by a deed pro -
pared by cite then City Attorney, together with a letter covering the
city':: obligations from the City Manager, The delay vac to permit the
cl.ty to install newer Itner before f.Lninhing the Strout.
In conclusion, let us say that we will maintain an open mind and will
certainly be glad to consider any rpecific proposal: made wLth proper
authority.
/f truly your/(%s, f'
Patri.ria A. ficCaffrey
Y1uvm %NJ) HAN111)
ATTOIII1KYk AT LAW
I -C.—I K 111-A OIII V I:
/11.1011,1111\'T. MIr1111111,\ nUTAA
n 1, nrlontluo+i au+ lion
September 10, 1.975
Mr. Robert M. Hopkins
City Manager, City of Clermont
1 Westgnto Plnr.n Drive
Clermont, Florida 12711
RR: MCCAFFRRY - CITY OF C1Y,010,11T TRANSACTION
Dear Mr. Hopkins:
Pursuant to the Mayor's request, I have further researched the City's position
in regard to Mr. Don McCaffrey's request for opening and construction of a street.
Please consider this a supplement to my letter of July 17, 1975, addressed to the
Mayor (copy attached).
The first question to be determined is whether there was a valid c Itract berwecn
the City of Clermont and Mr. McCaffrey, and if so, the respective �rformanc,s re-
quired by the parties. The minutes of the regular meetings of the City Coun. it and
the City's files on the matter do not reflect n clear-cut contractual arrangement,
but there does appear to be enough evidence to support the following:
a. The City was In need of an easement for sanitary sewer
purposes.
b. In lieu of condemnation proceedings, and in lieu of granting
an easement to the City, Mr. McCaffrey deeded the subject
property to the City.
c. While the deed does not recite any specific reservations or
conditions or purposes, there is evidence to support Mr.
McCaffrey's position that the property would be used solely ?i•.
for street purposes.
Mr. A. M. Johnson's letter to Mr. McCaffrey dated December 30, 1969, appears to
be the only written memorandum concerning the matter, apart from the deed itself.
This letter is probably sufficient to establish that the City can use the property
only for street purposes. As I stated in my letter of July 17, 1975, however, the
question of the time the City constructs and opens the street cannot be the sub-
ject of a contract. The City Council must determine at a specific time that the
necessities of travel demand the opening of the street.
The second question to be determined is whether Mr. McCaffrey will be liable for
any assessments in the event the street is constructed. It is clear from Mr.
Johnson's letter that part of the consideration for deeding the property was that
Mr. McCaffrey would not incur any expenses when the street was constructed. I
Mr. Robert M.; Ilopklnn
Septombor lb, 1975
Pogo
think this is binding on the City. However, Mr. McCaffrey's position that oubne- ;
quont owners also are not liable for nny exponnes is not evidenced in any corres-
pondence or tarial. It in my opinion that shnequent owners would share the ex-
penses outli�u
d by the Code of Ordinances and City Charter.
It would lid my recommendation that tbu City mu! Mr. McCaffray clay fy the derd of
record with regard to street purposes and Mr. "6•Cnf.f:rcy'!, linbilit• for expanses.
Very truly yours,
LEONARD H. BAiFD,
City Attorney
H!iP 1,
i
e6
i
'n11M 100 ill«ea. 11-1 a flub cl,Aud rlreo, T1116 INSTRUIdf,NT WA5 PRLPARM 11
LMNARfl f1, 0AMD, .117•
cxeculivt Ilnc Cn' IIOVIS AMLa 11NI?D
Allolnoy'a at 1,aw
P,O, DRAWI I. 13111, 81.111 Pdp11 T, I'rprgpA 17711
Ghbo labotthuT,
II'AIr1, I/ Mlr,) A/r/IA' IAI IIm, 'l•,rlY' IArlll IArlii IY ;AI I 111,i N/lannl I/Ir, r/nhllirr,,
Ini %r,.rl nAl -• n 1 n F/IA/ i•111•lll l•.i llr. AI ,,, IAr „ nl lA/ lint II, I' "r„I^Ir
rA•III Inr1ANr IA/ Id roll nn,) lh/ llurll IAr tin nlir •ll,. n, / NnV 1/nl•r i
JI Irn In 1, ,u„1, q "o,l. IN Inn, "nU cell � IIn,L ull IA,',r,o, 4nnn du, no.d �/ ne,••
IMin and
75
da o D, l,9
�1firLlllyLv l! f ocloher ./,
Between
DONALD M. MaCAITHElY and I'AlrltICTA A. McCAFFREY, hill wife
u%/ the Corl/lly o%
Lake and Slab, of Flortdn , purl// of the first part,
and
'rill: CCl'Y OF CLERMOMT, VLORIDA, a municipal corporation,
1 WcatgaLo Plaza Drive, Clermont, of the Coallly u/
Lake and N''tate of Florida prerty of Ilrr, sraonrl part,
WitlleSSetll,that the said /)(Lilly of Ill(! fllst part, far alld, in considentlion of
the 8wm, of -------------------TEN AND NO/100($10.00)---------------------1)Dltal'sl
in /rand paid by tyre said party! of the second, parq, the. recci.pt reherraf is herehq arkllorcl-
edged, has ronaaxed, relcascrd and qu,ilolyratnerd, and toy these /Irescayts [toes remise,
release and quitclaim la-n.to Nye said party of thesecond part a.11the I.iald, tdtlr, ilterest
claim and den ttid. which, the, said party of Ilia first part has in, and, to the follouling
described lot , piece or por'ccl of land, situate lying and being+' in the County of
Lake State of Illlorida, to wit:
The Last thirty (30) feet of Lots A, B, C, and D, in Oak View Subdivision,
AND ALSO, begin at a point on the Southern Right -of -Way line of Minnehaha
Avenue that is twenty (20) feet East of the Northeast (NE) corner of Lot A
in Oak View Subdivision, proceed Southerly and parallel to the Easterly lot
lines of the above mentioned Lots A, B, C and D, to a point that is due East
of the Southern Right -of -Way line of Oak Drive; thence West to a point that
is due South of the Southeast (SE) corner of Lot D, thence Northerly along
said Eastern lot lines of A, B, C, and D to the Northeast (NE) corner of Lot
A, thence East to P.O.B., all according to the Official Map of the City of
Clermont filed February 4, 1926 and recorded in Plat Book B, pages 17 to 23,
both inclusive, Public Records of Lake County, Florida.
This is a corrective Quit Claim Deed recorded to show the intent of the parties
hereto that the above -described property be used for street purposes.
To Have and to Hold t1Le same, together with all and singular the
appurtenances thereunto belonging or in. anywise appertaining, and, all the estate,
right, title, interest and claim, whatsoever of the said party/ of the first part, either in
law or equity, to the only proper use, benefit and behoof' of the said party of the second
part.
In Witness Whereofq the said party of the first part has hereunto set his
hand and seal the day and year first above written.
Signed, Sealed and Delivered in Our Presence:
DONALD M. McCAFFREY ,
PATRICIA A. McCAFFREY
State of Florida, J
County of LAKE 1
I HEREBY CERTIFY, That on this day personally appeared before me, an officer
duly authorized to administer oaths and take acknowledgments,
DONALD M. McCAFFREY and PATRICIA A. McCAFFREY
to me well' known to be the persons described in and who executed the foregoing
instrument and they acknowledged before me that they
executed the same freely and voluntarily for the purposes therein expressed.
WITNESS my hand and official seal at Clermont
County of Lake , and State of Florida, this
day of .4. D. 19 75.
MIOSTATE LEGAL SUPPLY COMPANY
Notary Public
My Commission Expires
114)VIN ,wir 11nne�r
A T11101V 10 nT lnY/
I .9011W1 16 1A ntlIVR
111.YIIMONT, IT1,1111111A 11Yr11
:Irnn1 norro
rrn urnr „ n•em .0
September 29, 1975
Robert M. Ilopkinn
City Manager
1 Westgate Plaza Drive
Clermont, Florida 32711
RE: FREEMAN LANE
Dear Mr. Hopkins:
RECEIVED t. b 'T
Pursuant to the City Council's request, I have researched the matter of the City's
position in regard to the Freeman Lane problems.
It is my understanding that Freeman Lane is a privately owned road with title veat
ed in the Preston Maynard Corporation and Mrs. Betty Hodges. It is my further.. under-
standing that that the road was originally paved by the City, but has not been maintained
by the City and has deteriorated significantly.
In my opinion, the City has two alternatives: (1) Acquire title to the property in
question and establish it as a street, or (2) Limit the flow of traffic by blocking
off access to Freeman Lane.
The City could acquire title to the property by quit claim deed, condemnation, pre-
scription, or in accordance with Florida Statute 337.31, a copy of which is attached
hereto. Apparently, the record owners of the property are unwilling to deed the prop-
erty and condemnation proceedings would be rather expensive, Obtaining title by pre-
scription would entail proving that the public has used the property as a right of
way for a continuous 20 year period. This would require court proceedings and the
cost would probably be prohibitive. Florida Statute 337.31 requires a four vear per-
iod of continued maintenance, which the City has not done. Therefore, it appears
that the City could not acquire title to the property without considerable expense.
i
Since the roadway was constructed by the City and it appears to the public to be a
city street, the City may be liable for damages incurred as a result of the condition �i
Robert M. Hopkins
September 27, 1978
Page 2
of the rond. I would therefore recommend that ehe road bu blocked off to thru
traffic.
Very truly yours,
LEONARD 11. DAIRD, .JR.
City Attorney
LRII/bmb
Enclosure
ell..137 HIGHWAY COD11—CON'STRUCrmr1 § 337.31
5. tniunellan
Salt uu)ohl Prnrofrdhtg't by state Ilia proposed farlllaeo wosil.l destroy
n'r rnII!;:. llnti ocorF'in right of fr'rllt water Inhe of pe'_a-llnr and
.ray fnrlllnt:n for n;orw "rn cr: and great value to plulnllff. euld'1 Lc
pip'.11 e:avullnl far eno•n•uclioa of uulhdnlned. Janes v. )trotvn, h! So,
rent, nu grnnnd that drainngu fruln 2d fso (1055).
337.29 Title to roods lit state highway and state park road
6y:5tefllti( recording deeds
(1) The to all roads designated ill the State highway system
of state park road system sllnll be In the State, 1111less othei'wis9
provided herein,
(2) Vvon the vesting of title to tiny lands for highway pun' -
poses in the state, the. cominissiouera or public municipal milhori-
ties, as the ease may be, shall forthwith issue a deed to the stale
covering said lands which shall be duly recorded. Recordation
of deeds shall also be effected upon acquisition of tiny land:; by the
;
department.
History and Source of Law
Derivation: Prior Laws:
, P
T:nsre 1U55, e. 29995, I Io3, Cotnp,Con.17-va Supp.19311, g 2452
(Y).
II
Lunvs 1035, c, 17307, y 2.
II
Cross nofarences�'
r
Drffnitlon of words and phrases, see g 331.03.
7.011 fat•illllcs na not subject to provisions of this section, sea tl 338.12.
r]
Notes of Decisions
I. Tort Ilan In of coon ties
C"uuplaint In tart oaten under nt. denigunteil as state road -d under
I tartire 11'll.vlltlee (lOctrI11P ngainst de• ILL: section the county win; ❑Icrely
L mluut cenlrncl.1 nn ut eoaly, srhicL unid uit for neq uiring title by Stale
'' I
rrre allegedly In pos"—ioa of land, ):,�:'d Depart cut and ml, neth,g
f:'ild to xlale ml.- ,r action - 1-13• as Its ag' W. IVI •. 'I'roait
II •I •
sandy where land had Leon ]awns., Inc., Appd ., 1:I. So.^l it (IDG"_).
,:• 1 I
�� ;• I :
337.30 Transferred to § 836.46
ri
r ='� 337.31 Roads preslmled to be dedicated
(1) Whenever any road constructed by any of the several
counties m• incori:oratcd municipalities or by the department !
k shall have been maintained, kept in repair or worked continuous- p
1s• and uninterruptedly for a period of four years by any county,
nnmicipalily, or by the department, either separately or ,jointly,
'tell void shall be deenlerl to be dedicated to the public to the ex- !' i
lent in width which has been actually worked for the l,eriod
249
' t �'
§ 337.31 HIGHWAYS, IlltlbQl:S, f l It tills Thin 24
Ut.
itforesaid, whether the same hn:l acel• liken formally es IIIJUNlll'(1 n6
it public highway or not. Such dedication shall bo cmlclusively
presumed to vest In the Particular county fit which file road is 10-
Acts
Gated, if It be n county road, or ill the particultir municipality, If
Cons
it be a municipal street or road, or in the state, if it be it road fit
Data
the slate highway system or stale park road system, all light, it.
Estill
{Cold.
ile, casement and appurtennnecs therein and thereto, whether
I
there he tiny record of conveyance, dedication or appropriation
1
to the public use or not.
Maps
(2) Thu filing of a map fit the office of the clerk of file cir-
Purp,
cult court of the county in which Snell roads are located showing
naval
such lands and reciting thereon that they have vested fn either
the state, a county or municipality pursuant to i,lie provisions of
1 "C
this Itl1V or by other means of accluisil iml, duly corlified to b, the
w'I,
director if the road involved is a road in the stale highway sys-
was (
teal or state park road system, or by the chairman and clerk of
unit.,
the commissioners of the county if the road involved is a coulnty
ed III Ill
road, or by the mayor and cleric of the municipality if the road
Lewls
involved is n municipal road or street, shall be talcen as prima
Pro
facie evidence of the obvnership of such lands either by the state
preset.
or by the county or municipality as the case may be.
years
.... ..... opera;.
Historyand Source of Law
any r
Inn;en
Derivation: Laws 1011, c. 20761, Ill 1-1•
been (
before
I.nces 1055, c. 20005, 1110. Comp.Cen.Lalvs Supp.1030, 1 2452
taken
M.
Prior Laws: Lavvs 1035, c. 17307, § 1.
verse'
Lnwu 1051, a 26,517, § 1. Comp.Ccn.Laws 1027, 1 2451.
will
Laws 1047, e. 23033, 1,11, 2. Rcv,Gen.St.1020, § 1602.
tehlell
Laws 1015, e. 22S53, 17. Lows 1013, c. G,:t7, § 7.
which
such f
Cross Rafcrencos
counts
Clcrlg
Cleans
fills u
Circult court, sec 1 25.01 of -,q.
so th(l
Ccmml.,sioucrs, see § 125,17.
"coast.
Itenu,"Intloll of right to dedirntinn, see § 336.00.
dedica�
Slate P:irl;s, dedicntlau In geno•al, see §§ ;,Sp.10, 5SO.20.
V. Jolu
.. Lands for pahlic use, see f 559.26.
Who
Law Review Commenlarios
mode,
Period
neat In'operty 11111's of 1017. .t. 11. �,. ny of real Property law.
slruct
Flo%%ws, 2 Jlinwi I,.Q. 21 (Ool.l" 17). llolph E. nuyer, 11 U.N11nmi L.nev.
of mn
Sunny of Florida real prof"', ri3S tSunnll" 1060).
coustit'
county
law. Ralph I;. never and Monld 11.
llc. Id
Itnss, 1S U.5limnl L.nev. 700, $M
(Suwmcr 10GQ.
4. Put
Library Ref—oeos
This
Dedication C 11, C.T.S. Dedleatinn 144.
cols no
<'Ullal rll
250
TO: City Council
FROM: City Manager
SUBJECT: Freeman Lane
DATE: September 12, 1975
Freeman Lane was constructed in early 1968 across the East 1/2 of Lots
36 and 4 owned by The Preston Maynard Corporation and the West 1/2 of
Lots 36 and 4 owned by Mrs. Betty [lodges. (See attached drawing).
Freeman Lane was constructed across the above described private property
at the, same time Bloxam and Desoto Streets in that area were paved.
Since this roadway has been built it has received little or no maintenance. l
Since I became City Manager in January, 1971 my position has been that
the lane is private property and the city should not maintain it.
Over the years it has received considerable traffic and has deteriorated
due to the use and no maintenance. During a meeting on March 11, 1975
the Council authorized the City Manager to get quit claim deeds to the
property and thereafter assume responsibility for repair and maintenance.
(see attached minutes). Since that time we have been unsuccessful in
repeated attempts to get the property deeded to the city. Therefore,
it is recommended that the street be blocked to thru traffic at the
south end of Freeman Lane (Freeman Lane and Desoto Street). Access to
the property would be limited to Montrose Street.
The roadway is dangerous due to its deteriorating condition and thru
traffic should be stopped. _I
Council approval of this recommendation is requested.
?R. MmHop � ns�—
Attachment
cc: City Clerk w/attachment - Agenda 9/16/75
Police Chief w/attachment
Director, Community Services w/attachment