09-09-1969 Supporting DocumentsMINUTES N° x66SK
DrGlll AD Ltr PT T Mr.
A Regular Meeting of the City Council of the City of Clermont was
held in the Council Chambers on Tuesday, September 9, 1969. The
meeting was called to order at 7:30 P.M. by Mayor Don E. Smith with
all members present. Other officials present were: City Manager Johnson,
City Clerk Carroll, City Controller Fleming, Chief of Police TyndaI
and City Attorney Langley. Others present were: The Misses Linda Baird
and Florence Pool; Mr. and Mrs. Harold Allison; The Messrs. Billy
Dean, Alex Ziber, Charles M. Pool, E.L.Schumann, C.A.Hangold, John R.
Jones, Fred L. Wolfe and Irving F. Morse. Representatives of the local
Press were also present.
The Invocation was given by Councilman Vanderhteer.
The Minutes of the Adjourned Meeting held on August 26, 1969 and of
the Special Meeting held on September 2, 1969 were approved as written.
Mr. Billy Dean appeared before the Council in behalf of the Lincoln
Park Day Care Center wherein he requested financial assistance from the
City in the amount of $320.30 to purchase necessary supplies/equipment
for the Day Care Center in order to stay in operation. Mr. Dean advised
the Council that the total cost of necessary equipment for the Center
amounted to $1281.19, however the State would furnish all except the
$320.30, and, that officials of the Center through fund raising would
re-imburse the City with between $65.00 and $75.00. Motion was made by
Councilman Vanderhteer and seconded by Councilman Bratton that the amount
of $320.30 be granted to the Lincoln Park Day Care Center with the pro-
vision that this group do its best toward re-imbursing the City in the
amount of $75.00. Upon roll call vote on passage of the motion the re-
sult was: Ayes: Bratton, Cochran, Oswalt and Vanderhteer. Total Ayes:
Four. Nays: None.
Mr. Dean further requested of Council financial assistance for renewal
of the lease of the Day Care Center in the amount of $8.00 per week.
There was no action taken on this matter.
City Manager Johnson submitted his report both orally and written, and
a copy is attached hereto.
City Attorney Langley reported he had received several inquiries with
regards the Council passing a Leash Law of some type and inquired of
Council their desire to have a sample Ordinance drawn. Mayor Smith ad-
vised that he had given this matter consideration and felt the question
of whether or not to have a Leash Law in Clermont should be decided by
the residents of the City by way of referendum at the next Municipal
Election. The Council concurred in this matter.
City Clerk Carroll read a communication from the Florida League of
Municipalities wherein an invitation was extended to officials of the
City to participate in the League's 5th Annual Golf Tournament to be
held in conjunction with the Annual Convention of the League in Daytona
Beach on October 26th thru the 28th.
A RESOLUTION amending Resolution No. 82 adopted on November 8, 1966
with regards closing a part of Minneola Lake Drive lying between the
easterly right-o-way line of State Road # 561 and the southerly right-o-way
line of the ACL Railroad was presented and read in full by the City
Attorney. Motion was made by Councilman Oswalt, seconded by Councilman
Cochran and unanimously carried that the RESOLUTION be adopted, the
Number 152 assigned to it and a copy ordered posted.
MINUTES N ° 2JB*x
613
A RESOLUTION establishing the 1969-70 Budget of the City of Clermont
Water and Sanitary Sewers Department was presented and read in full
by the City Attorney. Motion was made by Councilman Oswalt, seconded
by Councilman Vanderf•teer and unanimously carried that the RESOLUTION
be adopted, the Number 151 assigned to it and a copy ordered posted.
A RESOLUTION establishing a budget for the fiscal year 1969-70 for
General Operations of the City of Clermont was presented and read in
full by the City Attorney. Motion was made by Councilman Oswalt, se-
conded by Councilman Bratton and unanimously carried that the RESOLUTION
be adopted, the Number 143 be assigned to it and a copy ordered posted.
AN ORDINANCE PROVIDING A BUDGET OF EXPENSES FOR THE GENERAL OPERATION
OF THE GOVERNMENT OF THE CITY OF CLERMONT FOR THE FISCAL YEAR OF 1969-70
AND MAKING APPROPRIATIONS THEREFORE: PROVIDING A TAX LEVY ON ALL PRO-
PERTY IN THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA FOR THE YEAR 1969
FOR THE GENERAL OPERATION EXPENSE OF THE CITY OF CLERMONT, LAKE COUNTY,
FLORIDA was introduced by Councilman Oswalt and read in full for a first
reading by the City Attorney.
Motion was made by Councilman Oswalt, seconded by Councilman Cochran
and unanimously carried that the bills be paid. A copy is attached
hereto.
Mayor Smith brought to the attention of the Council the problem of
water control at the Cler-Vue Drive -In Theatre. tie further stated that
the Board of Lake County Commissioners was vitally interested in this
problem and were of the opinion that it should be corrected by the owners.
He suggested that the City Council go on record as endorsing any and all
steps which the Board of Lake County Commissioners may decide to take to
see that the problem is corrected. Motion was made by Councilman Vander-
Heer, seconded by Councilman Oswalt and unanimously carried that the
suggestion of Mayor Smith be accepted and the City Manager be instructed
to notify the Board of Lake County Commissioners.
Miss Florence Pool, Secretary of Inland Groves Corporation, submitted
a Quit Claim Deed from Inland Groves Corporation to the City of Clermont
for the necessary right-o-way of a westward extension of Lake Shore
Drive and urged their acceptance of same. Motion was made by Councilman
VanderMeer, seconded by Councilman Bratton and carried that this right-
o-tray be accepted subject to approval of the City Attorney.
The meeting was adjourned by Mayor Smith.
DON E. SMITH, CHAIRMAN
DO ORES W. CARROLL, CITT CLERK
Arm
MINUTES Ne 6ipw(
RECESSED MEETING
Mayor Smith called the Recessed Meeting on real property
assessments for construction of the proposed sewer system
to order at 8:25 P.M. on Tuesday, September 9, 1969 with
all members present. Other officials present were: City
(Manager Johnson, City Clerk Carroll, City Controller Fleming,
Chief of Police Tyndal and City Attorney Langley. The (Messrs.
Tom Sawyer and Jim Westbrook of Michaels Engineering Company
were also present.
Mr. Irving F. Morse, Attorney, presented both orally and
written, objection to sewage assessments made on several
parcels of properties owned by Dorothy D. Wolfe, Fred L.
Wolfe and Clermont Builders Supply,Inc. and urged Council s
consideration in the matter. A copy of these objections as
submitted by Attorney Morse is attached hereto. City Attorney
Langley advised Mr. Morse that a letter from Mr. 11olfe con-
cerning these same objections had been considered by Council
at their Recessed Meeting on August 26, 1969 and were a matter
of public record in the Minutes of that meeting. There was
no further action taken regarding this matter.
Mayor Smith inquired if there be anyone else present who
desired to appear before the Council with regards sewer assess-
ments, and there were none.
Mayor Smith recessed this meeting until further notice.
DONETSM TH, CH IRh1A
UO ORES W. CARROLL, CITY CLERK
Clermont, Florida
September 2, 3.969
Mr. A. M. Johnson, City Manager
Members of the City Council of
City of Clermont, Florida.
In Re: Sewage Assessments against property of:
Clermont Builder's Supply, Inc;
Fred L. Wolfe; and
Dorothy D. Wolfe
Dear Sir and Gentlemen:
Supplementing Mr. Wolfe's letter of August 16, 1969,
which you advised him would be considered at a meeting sub-
sequent to the Public Hearing held on August 26, 1969, I
submit:
1i 1. Area 18-132, Lot 29, Unit 1, Shady Nook -
Subdivision, assessed frontage 80.05
feet actual frontage 55.1 feet.
The assessment is on 80.05 feet which is the average
of the front and back lines of this lot. The front footage
is 55.1 feet.
You are proposing to making the sewage improvement
under and in accordance with Chapter 170, Florida Statutes,
a Supplemental and Alternative Method of making local improve-
ments. §170.02 thereof provides the mothod of prorating
special assessments which states:
,'Special Assessments against property deemed to
be benefited by local improvements x x shall be
assessed upon the property specially benefited
x x in proportion to the benefits to be derived
therefrom x x according to the foot frontage of the
respective properties specially enefited by said
improvement, or by such other method as x x the
municipality may prescribe." (Underlining supplied)
It is our position that the wording the statute,
"x x or by such other method as x x the municipality
may prescribe."
does not give you the authority to assess as you have this lot.
f
1,ri our opinion, in ion, CL--1 tricted by the '
�1 You are, I . lot i
, I -, b M 0 -'t '11) thiF,
CC C) C) ;� �;' [it Of 55.1 0 �-
t �l I, vio r 14 i n g of t I I t c� t LI t e r by h er I I.'
1-t Iji(jt� J�jtitl-ld(' in Jr., give 70u suc such '15
fc-rs t „pother ii),Ai- s 11' of'
Of y)Lll,.fit to the propt-rl- i.
assessment against thislut
The owner objectS to any
in excessof, 55.1 feet.
Area 13-44 , Lot 106,
Clermont Heights, ssebsed
Ii frontage 85 fe'>t, actual f ontacle —n—C'
There is no sewage line fronting this lct. There is
i no sewaue frontage on adjoining Lots 72 and 71 ijere not
assessed.
There being no sewage line laid out on yr)iir clans that
adjoins or abutts this lot there is no benefit to this 2-(. to
-
be derived from -a sewage line that stops some disdistancefl(10
thisproperty. 'Ne object to any assessment agains this
s lot,
because of no benefit to the lot as required under ;,170.(.)'-!.
Florida Statutes.
3. Area 13-45, Lot 107 Clermont Heights, assessed
frontage 115.feet, ackual frontage, nOlIO-
Any assessment against this lot is based or, JIP sane
reasons set forth in 112 above.
ed ' Lot 17 lck ,
.4. Area
frontage31.50 reet, a _ , 'tu&�
11fronBtaog_ 85--Ei-
Lot 15 is the only loL that a service line could he
II installed to serve this lot. According to your plans th,h of the South.%f--t,
corner of Lot 15, therefore , there is no
proposed line terminates at a point Sout ' -."root ,footage
II of the sewage line serving this Lot.
Again your attention is called to §170.02, Florida
Statutes -- there is no front footage on any of thee. lots,
and, therefore,
no benefits to anyone of these lots. Any
assessment here would exceed the benefits to this property.
In this case the benefits to the public are primary acid the
it benefits to these lots are nil.
Unless a sewage line is constructed parade(, to
property tll,�t call
State Road 50 and on the North side of this -1
be no benefit to thisaproperty, or any part thereof. The
I had
1� assessment would be valid on the read lot line if yoj
x
li
i provided for an easement: across: thrr property, but th;%, i:; not.
a part: of your plans. No ass%e;=event can be wade at:ai 1st aay
lot :vhere you must cross prmvato property in order serve it,
unless you have an easement. or require an easement in your
plans. The fact that the sarne person own,, all of the lots
makes no di.ffi?.rence. As far as the lots are concerned you cannot
j�consider ownership - each lot is a separate piece of
owned by one individual.
II
' We object to any special. acres;smenl: a :,in.,. or., of
II these lots.
115. Area 13-22 to 2%, inclusive Clore;ont fi.
I (Lots 192 to 197, inclusi:vef - ]-,es!o-,1: 1'; 11 t
footage is 55 feet per lot, aca:u;rl fr.ont:•.,i,
per lot - none.
(� These lots do not face a street - Scott street upon
jjwhich they originally faced was closed permanently h; thji,
City. 'There is no sewage line s,,rving any of these lots, there-
fore, no benefit to any of these lots.
We object to any asse-;sment against any of those lots
on the basis of 170.02, Florida :statutes.
' °'6. Area 13-28, Lot 1.98, Clermont ileights, .Icsessed
frontage 25 fee•., actual frontage, none.
You have assessed this lot on a front footage of 25
feet, the front footage on State Road 50, an arbritrary
assess.nent - all fur the benefit o` financkng the sewage
;plan. _,nd v✓ith no benefit to the lot, The line to;minates
IEast of this lot, and ne object to any assessment against
�this lot under 9170.02, Florida Statutes.
17. Area 1-21, Lots 1, 2, 3 &22, Clock 119, Johnson's
Replat, assessed frontage 199.5 feet, actual.
frontage 162.5 feet.
Any assessment against these lots should be
restrict d to Lots 2, 3 and 22, a total of 162.5 feet. Lot 1
should not be assessed as your Zoning Law requires a 25 foot
set -back, which would reduce the lot area to 3430 square feet.,
which is less than the permitt(:d area. In figuaring thi, v
will note no consideration has been given to side and ruar
yard set -back, which would further reduce the land area. There
can be no benefit to this lot. Although this lot is owned by
the owner of the adjoining property you must assess each lot
on the benefit to that lot and not to all of the pr-)perty.
�
o
x
7t�.
1.
-4-
i
For the reason given we object to any asscssment against
Lot 1.
118, Area 1-9, Lots 1 through 13, Block 115, Johnson's
Replat, assessed frontage 65B.75 feet, actual
frontaqe 618.75 feet.
The proposed assessment includes an easement of 40
feet to the City of Clermont, therefore, the assessment must
be reduced to 618.75 feet.
!9a Area 6-64`, Lots 9 and 10, Block 85, and 13.5
foot strip West of said lots, assessed front-
age 120.8 feet acrual frontage 60.12 feet.
Lot 9 and the North eand of the 13.5 foot strip which
lies to the West of Lot 9 do not front on a sewage line,
therefore, there are no benefits to this property,
We object to any assessment against the above
property.
Lot 10 and the South part of the 13.5 foot strip
that lies West of Lot 10 do front on a sewage line and -rrr
assessment of 60.12 feet should be levied.
In conclusion I call your attention again to the first
paragraph on page 2 of Mr. Wolfe's letter relative to the
proposed dewage lines in Johnson's Replat serving Blocks
119 and 120 and ask that you give his remarks your serious
consideration.
Re ectfully submitted,
Irving F. Morse
Attorney f r.
Clermont Builder's Supply, Inc
Fred L. Wolfe
Dorothy D. Wolfe
CZ7'Y tlAt7hGEi?' S !''F;POF:T
i
Than!cs c:rima ri.ly to Councilman Cochrane, the ur.inaturr mountain
for the has been installed in the central .are% Tot Lot. Pumping
equipment will be !;,sta'.led as soon as p-�ssible and the fountain will
then he ?Lit in;:o op,:r.ation. The play ground in the Lincoln Park area
has been fenced and a .lL_ght ordered installed. This will make the
play equipraznt available in the evcnings. As previously reported this
area .Ls }.providing recreation for a large number of youngsters.
One catch basin and about 200 feet of storm sewer has been :.nstalled
on Chestnut Street between llth and 12th Streets. This has eliminated
a bad flooding condition in that area.
The Kehlor Park Shuffle Board Courts are under constriction and
work on the addition to the building will be
We continue to operate with from two tc three men short on
our labor crews. This drastically reduced the amount of extra work
we are able to do. However, I expect to complete the work which
i I have programmed for this fiscal year.
i
I obtaining easements for sanitary sewer mains continues. It is
an extremely slow process and most of the rc,licitations must new be
made in --he evenings. Mayor Smith and Councilman Bratton have rendered
valuable assistance in this work.
Respectful v submi_tr_ed,
A. M. Sohnson
ACCOUNTS PAYABLF. -
AUGUST 31, 1969
GENERAL -
Florida Dept, of Revenue
$ 3.69
Lake Apopka Natural Gas
6.00
Florida Telephone Corp.
74.62
Frank Owens
18.65
Herb's Ice House
15.00
Cities Service
377.10
Madden's Electric Service
48.95
Lawton Bros
8.95
31
James R. Carson, Jr.
46.23
State Uniform
12.00
South Lake Press
75.73
%7. ca-L. .Langley
0711',a 93'+e Print Service
25.00
Control Specialists Co.
3.05
50.10
Bowen Supply Co., Inc.
24.45
Orlando Paving Co.
135.00
Florida Crushed Stone Co.
141.35
Standard Oil Co.
12.65
Western Auto
9.60
Leonards
12.0
Harb Tractor & Equipment, Inc.
9.00
Florida Pipe & Mfg. Co.
100.00
John Hester
43.
48
Bobby Caruthers
990
Smythe Hoskinson
3.85
Clermont Hardware & Supply
'
flanks Electric Co. Inc.
...65
23.65
36
Westerman Ford
Glenmar Electronics Service
.31
63.3"{
Holmes Fence Co.
273.55
Konsler Steel Co.
14.LG
Meeker Garden Supply
4.00
City Tire Service
39.55
Clermont Bldrs Supply
361.76
76
J. S. Reddick
Hilltop Book Nook
8. 94
Lawton Bros
2 050
Standard Auto Parts
;
311...0922
05 f:
$
2,376.80
WATER DEPARTMENT
Alan Hamlin
Layne Atlantic
105.00
Fleming mrLmeo Service
9.72.4
Standard Auto Parts
3.45
Charles Sales Corp.
3.93
46.27
tdadden"s Electric Service
84.90
Chemical Equipment Service
_210_53
GRAND TOTAL; $12,556.3' $
10,179.57 '
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