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10-28-1969 Supporting DocumentsMINUTES Na x2m ADJOURNED MEETING 621 An adjourned meeting of the City Council of the City of Clermont was held in the Council Chambers on Tuesday, October 28, 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, City Attorney Langley and Chief of Police Tyndal. Others present were: The Messrs. Henry Czech, E. L. Schumann, Leo Bumbalough, Bernard McCabe, C. A. Mangold, Irving F. Morse, William 1.1 Boyd, John Hester, G. Lynn Brotherson, Jim Westbrook and Floyd Groo. Representa- tives of the Orlando Sentinel and the local Press were also present. The Invocation was given by Councilman VanderMeer. The Minutes of the Meeting held on October 14, 1969 were approved as written. City Manager Johnson submitted bids on one 1970 Police Patrol Car (t•lith trade-in) as per specifications, as follows: A. P. Clark - Plymouth @ $2299_00 'r John Hester - Chevrolet @ $2290.39 f Westerman Ford - Ford @ $2265.00 and recommended the low bid as submitted by Westerman Ford, be accepted. Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer and unanimously carried that the Manager's recommendation be accepted and the bid be awarded to Westerman Ford. Mayor Smith reported that he and Councilman Cochran had attended the State League of Municipalities Convention in Daytona Beach on the 27th and 28th, and had found the meetings very interesting and beneficial. City Clerk Carroll read a letter from the Clermont High School Concert Choir wherein they requested permission to hold a dance in Jenkins Auditorium on November 15, 1969. Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer and unanimously carried that this request be granted Provided all necessary rules and regulations as set forth for use of the Auditorium for dances, are met. City Clerk Carroll read a letter from Mr. Tom Chapman, Civil Defense Coordinator, wherein he urged the Council to adopt a Resolution regarding mutual aid agreements between cities of Lake County in the event a disaster by should strike, and the proposed Resolution was read in full. Motion was made that Councilman iOswalt, seconded b attheRESOLUTIONbeadopted, and o� theNumbero155abeaassignedmtosit carried City Clerk Carroll read a letter from Will V. McCall Sheriff of Lake the matter of tbefore' County, wherein he expressed a desire to appear before the Council to discuss he Council's request for a Special Investigator to be assigned to the South Lake County area. This matter was referred to the Clerk. Mayor Smith advised that inasmuch as the next regularly scheduled meeting of the Council falls on a holiday, Armistice Day, the meeting would be held on Wednesday, November 12, 1969. MINUTES N° '2,7'ac 622 Mr. Jim Westbrook of Michaels Engineers reported to the Council on the new test well located just off Grand Highway as follows: That it was their belief that contamination was coming from the upper layer of rock in the well, this being from surface water entering the upper strata, and they thereby recommended that a pump be placed in the very bottom of the well and take the necessary test samples from there. Mr. Westbrook advised they estimated the cost for this to be around $1200.00. Motion was made by Councilman Cochran, seconded by Councilman Oswalt and carried that the recommendation of Mr. Westbrook be accepted and they be author- ized to proceed with the testing. Councilman Oswalt introduced AN ORDINANCE ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1969 REVISION, BY THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the ORDINANCE was read in full for a First reading. Councilman Oswalt introduced AN ORDINANCE ADOPTING THE SOUTHERN STANDARD GAS CODE, 1969 REVISION, BY THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the Ordinance was read in full for a First reading. Councilman Oswalt introduced AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 REVISION, BY THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, and the ORDINANCE was read in full fora First reading. City Manager Johnson inquired of Council their desire for enforcement of the local Building Regulations as pertaining to new construction by maintenance crews of the Lake County Board of Public Instruction. Con- siderable discussion followed regarding this matter and it was the recommendation of City Attorney Langley that Bernard McCabe, Assistant to the Superintendent of Public Instruction be invited to appear before the Council and give full details of any proposed new construction by the Board of Public Instruction. Mayor Smith advised the Council that both Joseph M. House and J. K. Tryon, Municipal Judge and Second Judge respectively, had disqualified themselves from presiding at the Court session of November 3rd; [lotion was made by Councilman VanderMeer, seconded by Councilman Oswalt and unanimously carried that George Hovis be appointed to serve as Municipal Judge at the court session of November 3, 1969 and that the Controller be authorized to pro -rate the salary as set for the Municipal Judge as the remuneration for his services. City Manager Johnson submitted costs for making changes in the Employee Pension Plan, and, obtaining term life insurance for city employees, for the Council's consideration. It was consensus of Council that the City Manager obtain further estimated costs for term life insurance on all city employees in the amount of $2500,00;$3500.00 and $5000.00 and report back to the Council. City Attorney Langley was requested to search the legal aspect of granting compensation to Mrs. Ella Mae Sheldon, widow of the late City Superintendent. and report back to Council. Councilman Oswalt offered and moved the adoption of AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, CLOSING A CERTAIN PORTION OF AN UiiR"i �O" STREET SURROUNDING LAKE WINONA IN THE CITY OF CLERMONT, FLORIDA and the ORDINANCE was read in full for a second reading. The motion was seconded by Councilman Cochran and upon roll call vote on passage of the Ordinance, the result was: Ayes: VanderMeer, Oswalt, Cochran and Bratton. Total Ayes: Four. Nayes: None. So the Ordinance was adopted, the Number 2441 assigned to it and a copy ordered posted. AML w , MINUTES N2 x2?* 623 Councilman Oswalt inquired of City Manager Johnson as to any informa- tion he had received regarding a Housing Authority for Clermont. Mr. Johnson advised that he would have a written report regarding this in the very near future. The meeting was adjourned by Mayor Smith. DON E. SMITH, CHAIRMAN DOLORES W. CARROLL, CITY CLERK 1 y:, i.; i 1 0 o, 1 r P r r rs ti a X ;r r k j It , I � ri i' 7 ia'Mk1f� T �•Vr.7�.1 1( I 1, •Y t -}h la cl;� ' n uhi �r��'r��r'', a , ,• � ale 3 f �I�f` �d X�cu I was requested to contOct the Pcturry iar uur Fansitn plar and i some insurance Umpanias n ci" C "i t f ti" is e dcte5. 7!ae in au;' Pension Plan and t r+l is insurrnc �hRS to anci cost of Changing thn. 'e""n Pl is dvlinl"C 1 the cost of term insurr.n.c It sn <,t•U e h,. rise_, a• ffect..d by the ages of the emplo. E"" K.h in I'enSion�Plait. T„ Death Benefitsto surviving spouse "could he Cv.o thirds of the accunu!ated benefit-, of the empioys.c ti The s,rvi'. nq sp"sr ;would be ellyible for such heneF1ts 0=,1 in the event .•i,et the emnl^}ee hod reached the age of :;r) �,td hod been In the _al Ui ihz ci I for nir.imma of ?= years. ;rr The saga death bencvi is rcu?d he pC:c 'Zo -cb zurvivinq spouse a an ebi7,IJ'+i)2 No had +'aachred •ret-i:�•_ment or had retire& in an N"a an 7 o nc would receive full henarits 1:l upon ri?r woraent 4vl 'I thesrr�.�i•v"n spouso rr.ceivinq two third, uS such .:n+. i ;,na taF_ death o; the fonner employee tY The annaat cost of ciazn:,ts wood he approximately 1z,lr>n,no anvuaily Pius aLout s °..i;r' tc "1rs. She1 iar„ or i7 otal o` <3,F9G.i�0. ordinance v;ould be made ae.;oactive to corer V The air. Sheldon and the 0""ais to Mrs. Shddnn would he a part o` the pension Flan. 1 r4n as fia',l, es at M;',rC", four $? )1' T! Only full Ume ?r pylen vmuld he ccverad am coVera9e 1,'ou1d cegin erhen nC =• i Ic. C :. 7n the '':{Iploy of th%. city fnr sikty (50) days. i,. ol;r Z+, er'vn Y5 ,,:,nr; 7 eldr-r hIT Th cove-�age swould no tp ,'t! Fit' 1 and is the ase r,f pul n•en, ,, yea �r covrtag2 tr.ga,)'!e:_ ui .-. -ar, tr.ddi`io, 7 Y 1'i:e covaragr uro; d"b 0 ! "QWr i ty i n case of r,: i dr-r:,ai death as well as cn7apensa ian 'o: 'tas n limb. eyes and so forth. V The cost of the TBrar We Put KY be around SI SONN annually hs this plan would in an eras ica..fi Mrs,. ShPlclor7,, ally Nov, a r t, { L 14j IL j d, 51i o4•'. !r !� � .ilk 4 Lv , -mom 4L"OL' 1, dpproxlmaQ!"; ar"!Jo qu Mr Co I" SAIM M n�qu'; arr.ount I-1011-I'l [!)"sin addit"lor for insurance brineq the total to slightly wpo- 'PYOW Of the No pmpasak. the 1hpaga in the QUIC-71 Plan in 'in'fiYW;Cly more beneficid w enuloycis who remain in W, epiplo" i, h e Cit ' V. Houever, it offers nu death benefits to employees ands ";f, ('3,9 for Polica). Furlmrm"T 10 mst is about Sl3nn,m more Man the term insurance plan. It mould.. howevvr. cnver We SMIM Y"w"An nn a definite basis as the amending ordinEnee w"Id be ntmactive and benefits to lWs. Sheldon would he included in thr plan. The insurance pli" em"s all employees up to aqe 69 re"rdless of how long they have been in the employ of the city. A would he posAhle for the surviving spouse of an employee with only three mantnS service loth the V Q to nctua"Y receive mere in cash h"emts than 1 will probably receive in Donsiom ba"d on mw pros" "plan. Furthermore, any benefits which you may nw) decide, to pzv Mrs. Sheldon may be easily dropped by some Put ,ne Y"61 an swh b"Alts 011 not he s part 0 i:sty' plar- As 1 'm D cww� "A 1 do nev [col not ? shm:Q; sake azlv re.v�wlvnd ad m" 1 We We, to axpl&m nood and W 3? sach plan. The chlricu, if any. in up to you butt cQ WN Wt n"e a"lon should be taken " soon as pDsnlole "u; A W LMC:rWnp' W the MUM situation. QSPOCAUNY, OcWber 28. IND MINUTES N2 x2m 7624 RECESSED MEETING Mayor Smith called the Recessed Meeting on real property assessments for construction of the proposed sewer system to order at 8:47 P. M. on Tuesday, October 28, 1969 with all members present. Other officials present were: City Clerk Carroll, City Controller Fleming and City Attorney Langley. Others present were the Mgssrs:. William W. Boyd, C. A. Mangold, Irving F. Morse, Bernard McCabe, Henry Czech and E. L. Schumann. Mr. Jim Westbrook and Floyd Groo of Michaels Engineers were also present. Mr. William W. Boyd appeared before the Council and offered to deed Nita Place, a private drive, to the City in exchange for having the sewer assessments waived on 4 Lots which abut Nita Place. Motion was made by Councilman Oswalt, seconded by Councilman VanderMeer and carried that the offer of Mr. Boyd be declined. Mr. Irving Morse, Attorney representing Fred L. Wolfe, submitted an objection to the proposed special assessment against property described as: 150' frontage on Highway 50 W of E. Scott Street. There was no action taken on this matter pending investigation by the Engineers. Mr. Bernard McCabe, representing the Lake County Board of Public Instruction, inquired of Council as follows: Were they aware that the present school system had suitable treatment plants already in operation serving the schools, and he was advised by Mayor Smith in the affirma- tive. Were they aware that the proposed assessments on property being used only for playfields were larger than those on properties on which the actual schools stand, and Mayor Smith advised that the assessments i are based on front footage of property as platted, or in the case of irregular shaped lots, based on a median average, and not based on structures or buildings which might be located on the property. l City Clerk Carroll presented a letter from Mr. David Gluckman, Attorney for Gus Reis, wherein he restated previous objections to the sewage assessment as he felt a sanitary sewer line would be of no benefit to the citrus groves owned by Mr. Reis. Mayor Smith advised that this objection had been considered at the Recessed Hearing held on August 26th at which time it was consensus of Council that the assessment stand. Mayor Smith inquired if there be anyone else present who desire to appear before the Council with regards sewer assessments, and there being none, he adjourned the meeting. i / DON E. SMITH, CHAIRMAN DOLORES W. CARROLL, CITY CLERK is BonNSTICIN, PETREI'; & GLUCMIAN Ayronxiws Air LAW 123 SOUTH COURT AVENUE J EnoMc J. DORNaTEIN ORLANDO, rLORIDA 32801 DAVID G. PETREE DAVIO GLUCKMAN October 27, 1969 PHONE (308) 426.2731 Mrs. Delores W. Carroll Office of the City Clerk 702 Montrose Street Clermont, Florida Re: Gus Reis -Sewage Assessment Dear Mrs. Carroll: This is once more to restate the objections of Mr. Gus Reis to the sewage assessment on his pro- perty on the basis previously stated in my letter of August 21, 1969, a copy of which is enclosed. Very truly yours, BOORRNS,T�EIN, PETREE & GLUCKMAN David Gluckman DG/ckr Encl. cc: Richard Langley, Esquire City Attorney (no copy sent) f i 1 August 21, 1060 City of Clermont c/o Richard Langley, Esquire " P.O. Box 138 ' Clermont, Florida Gentlemen: On behalf of Gus Reis, I would like to clarify our position as stated in my letter of August 18, 1969, and my personal appearance at the public hearing on August 10, 1069. It is our undorstanding-of the; , law (Florida Statute 0 170. S, 1967) that a sewage assesment can only be levied against property specifically benefited thereby; and then only to the extent of the specific benefit. All ashossments in i excess of the specific benefit constitute a taxing of property With- out due process of law in violation of the Florida and Federal Constitutions. i8tockman v. Cif of Trenton, 181 So. 383).. It is our contention that Mr. Reis' groves would wot be bone-, , fited now, or in the forseeablo future by having a sanitary sewage lins pass hie property. The appraisers we consulted concornin„ this matter have confirmed our opinion. The residentlal: growth of the city is moving in the opposite direction and any cominercial usage would necessarily be lam density, tourist oriented and far In the future. - Wo would like to call your attention to the loadlug Florida . Supreme Court case on this matter, City of Ft. Meyero'v. Siam 117 So <,E court held that no specco c b9 evie&tin 97, Hal assessment ; .whero::ho property which could not use a sewage system until come, later construction eceured. It would appear that the correct charge against property would be an appropriate tap -in or connection fee upon construction of facilities that would utilizo the system and not a special. assessment against the property. Should you disagree with our analysis above, lot me assure you that we. are prepared to litigate this matter to. the odont ;©f our' available remedies. We would, however, advise our clfott+. that it is it ;• r"; s i i I i economically unfeasible to challenge an assessment under $50Q.M. 00. Please advise me whether a further oxplanation is desired for your August 26 meeting. DG:db cc: City of Clermont 1 IRVING F. MORSS ATTORII RY AT LAW CLERMONT, FLORIDA 72711 is cc olwllc (v o.l ,eo •�000 iltc Ro. October 28, 1969 Messrs: Don E. Smith, Mayor A. M. Johnson, City Manager Members of the City Council Clermont, Florida 32711 In Re: Proposed Sewage Assessment W 1/2 Scott St. on Highland (closed) 150, frontage on Highway 50 W of E Scott St Gentlemen: No objection is made to the proposed assess- ment against the W 1/2 of Scott Street on Highland Avenue (closed), Clermont, Florida, as shown in the above description as per your Notice of October 15, 1969 addressed to Mr. Fred Wolfe. - The balance of the proposed special assess- ment against the property described as 150, frontage on Highway 50 W of E Scott St is so vague and uncertain in description that the property against which the special assessment is proposed cannot be determined with certainty, and until clarified, it cannot be determined if the proposed special assessment is acceptable or objectionable, and until determined, Mr. Wolfe reserves the right to file his acceptance or objection. If the proposed assessment is on the basis of Highway frontage, then it is objected to as same is not bene- ficial to any of the Fred Wolfe property that abuts Highway 50. Respectfully submitted, 7 7y_Y. ,� Irving F Morse, S �� Attorney for Fred L. Wolfe IFM: CP