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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