08-19-1969 Special Meeting
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MINUTES
SPECIAL MEETING
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N~
xXS$X
604
A Spe cia1 Meeting of the City Council of the City of Clermont was
held in Jenkins Auditorium on Tuesday, August 19, 1969. The Meeting
was called to order at 7:30 P.M. by Mayor Don E. Smith with the
following members present: Councilmen Oswalt, Bratton and Cochran.
Absent: Councilman VanderMeer. Other officials present were: City
Manager Johnson, City Clerk Carroll, City Controller Fleming and City
Attorney Langley. Representatives Floyd Groo, Jim Westbrook and Tom
Sawyer of Michaels Engineering Company were also present. Mr. Doug
Cassidy, Court Reporter, was also present.
Following a brief opening of the meeting by Mayor Smith, the meeting
was turned over to the City Attorney. City Attorney Langley explained
the purpose of this meeting was a Public Hearing for any questions the
property owners might have regarding recent notice of assessments for
construction of the proposed sewerage system. Mr. Langley introduced
the members of the Council and the consulting engineers, and gave an
informative resume of the proposed sewerage system from its inception
todate. All persons present were invited to address the Council and
the Engineers regarding the proposed sewerage system and assessments,
and the following listed persons appeared before the Council:
David Gluckman
Reuben Jamison
John Drees
Edmond Amateis
Les Baron
Mrs. C.W.Mayers
Arthur Ekiert
Ann Mitchell
W. Ernest Collins
Rose Boyd
C. A. Mobley
Willie Mae Rhodes
Fred L. Wolfe
Eunice Darity
Abraham Logan
Carl Ny1in
J. M. Byrd
Robert Ingersoll
Charles M. Pool
John Schopmeyer 1
Jacob Lucas
Herbert Rogers
H. C. Foust
Willie Odum
John Boyd
Florence Pool
James Montgomery,Sr.
George Karst
Ruth Dormer
Charles Burout
Don McCaffrey
W. O. Boone
Gerald McLean
T. D. Weaver, M.D.
Wi 11 i am Boyd
Loi s C. Rogers
A. T. Booher
Arthur J. Corbett
Walter Barbour
John Hulett
William Gross
Carolyn Peck
James S. Click
Ed Allbright
Sam Butler
Sallie Benson
Eugene Nowell
City Attorney Langley advised the persons appearing that all inquiries/
requests would be considered by the Council, whereupon the meeting was
recessed by Mayor Smith until Tuesday, August 26, 1969 at7:30 P.M.
in the Council Chambers.
A transcript of the entire proceedings of this meeting, prepared by
Court Reporter Doug Cassidy, is on file in the office of the City Clerk
and becomes a part of these Minutes.
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on . Smith. Chai rman
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· Ootores w. Carro
City Clerk
TRANSCRIPT OF PUBLIC MEETING HELD
BEFORE THE CITY COUNCIL OF CLERMONT
460 ON AUGUST 19 , 1969 AT 7 : 30 P .M.
CONCERNING THE INSTALLATION OF THE
COMPREHENSIVE SEWER PROJECT.
I-N-D-E-X
MR. G . LYNN BROTHERSON 12 ✓
MR. DAVID GLUCKMAN (FOR: GUS REESE) 15y
MR. JAMES BYRD 17 ✓
MR. JERRY McLEAN 20 /
MR. REUBEN JAMISON 23w
MR. CHARLES M. POOLE 25 ✓
MR. EDMOND AMATEIS 257
MRS . LOIS C. ROGERS 26 y'
MR. JACOB LUCAS 27 and 49P"
MRS . C. W. MAYERS 28
MR. CORBETT 29
MR. POUCH (FOR: CLERMONT HOTEL) 30
n
MRS. M*-MITCHELL 31 V
MR. JOHN HULETT 32t7
MR. JOHN BOYD 33 `/
DR. THOMAS D. WEAVER 34 ✓
MR. JOHN DREES 36
MR. R. B . INGERSOLL 37 '//
MR. WILLIAM BOYD 41 and 65
MR. JOHN SCHOPMEYER 41 and 78v/
MR. L. 0. BARON 42 v
MR. A. T. BOOHER 44 and 55v/
MR. HERBERT ROGERS 145 /
MR. ART EKIERT 46 V
I-N-D-E-X (C-O-N-T-I-N-U-E-D)
MR. WALTER BARBOUR 46 '•,
MR. WILLIE ODOM 47 `'
MR. W . E. COLLINS 47 *
MR. WILLIAM GROSS 48 '✓
MRS . FLORENCE POOL 48 -v
MR. C. A. MOBLEY 49 "
0 MR. JAMES CLICK 49 ✓
MR. ED ALLBRIGHT 50V
MRS . RUTH DORMER 50v
MRS . EUNICE DARITY 51 /7
MRS . ROSE BOYD 51
MRS. CAROLYN PECK 52 '/.
IMR. JAMES MONTGOMERY, SR. 53`411 '
MRS. WILLIE MAE RHODES 56v/
MR. GOERGE KARST 56, 67 and 72v//
MR. FRED L. WOLFE 60/
MR. SAM BUTLER 61 V
MR. CHARLES J. BUROUT 61 E'
MRS. SALLIE BENSON (FOR: SADIE TILLIS ) 64 and 65 "
MR. ABRAHAM LOGAN 64 V
MR. EUGENE NOWELL 66 vv
MR. DON McCAFFREY 66 , 69r
MR. CARL NYLIN 71 '.7
MR. DAN BOONE 73V
1 CITY OF CLERI4ONT,
COUNTY OF LAKE,
2 STATE OF FLORIDA.
3 THIS CAUSE came on for Hearing before the City
4 Council, City of Clermont , County of Lake, State of Florida,
s concerning the installation of a sewage system for the City of
6 Clermont . The meeting was called to order by the Mayor of the
thr 7 City of Clermont , Don E. Smith, at 7 : 30 P .M. on the 19th day of
8 August , 1969 , at the City Auditorium in the City of Clermont .
9 APPEARANCES : DON E. SMITH
Mayor
10
RAYMOND PAUL COCHRAN
11 Councilman
12 SAMUEL P . BRATTON
Councilman
13
RICHARD E. OSWALT
410 14 Councilman
15 RICHARD E . LANGLEY
City Attorney
16
JOHN W . FLEMING
17 City Comptroller
18 DELORES CARROLL
City Clerk
19
ALBERT M. JOHNSON
20 City Manager
21 FLOYD GROO
Engineer, Michaels Engineering
22
JIM WESTBROOK
23 Engineer, Michaels Engineering
24 TOM SAWYER
Engineer, Michaels Engineering
25
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
2
1 MAYOR SMITH : Good evening everybody , glad to see such a nice
2 turn out . Is Mr. Harris here , Dick Harris? [No response receiv=d] .
3 Folks , I 've asked out City Attorney , Mr. Langley , to give a
4 resume ' of our sewage project from its inception up to the prese t
5 time , covering most of the highlights , we hope most of them, tha•
6 will affect you folks as tax payers and property owners . We are
7 doing this , we think it will expedite the meeting, he ' ll answer
8 a lot of questions in his resume ' that otherwise would have to
9 be answered individually and that way we think we can push the
10 meeting along and we hope to get through tonight . At this time
11 I introduce the City Attorney , Mr. Langley .
12 CITY ATTORNEY (MR. LANGLEY) : You know one thing, before they ha•
13 the electric chair, a hanging always drew a crowd. I 'd like fir-t
4110. 14 if I could, to introduce the people who are here tonight that I
is hope will answer all your questions , at least most of them. Fro
16 my right , Councilman Ray Cochran whom you all know and the next
17 three gentlemen are from Michaels Engineering and are Consulting
18 Engineers , Mr. Tom Sawyer, Mr. Jim Westbrook, Mr. Floyd Groo.
19 Any specific engineering problems and assessment problems will
20 be answered by these gentlemen and then we have our City Manager
21 Mr. Johnson; Councilman Sam Bratton; our Mayor, Don Smith; Coucil
22 man Oswalt ; our Comptroller, John Fleming; and City Clerk , Delors
23 Carroll ; and a court reporter who is here to help record all of
24 our comments and what have you, Mr. Doug Cassidy from Alan Hamlii ' s
25 Office, and for you who do not know me , my name is Dick Langley ,
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
3
and I 'm City Attorney and have been for the last four and a half
2 five years .
3 First , this program, the sewer project , what we ca 1
4 our comprehensive sewer project of the City of Clermont . To giv=
you briefly a history of it , I 'm sure you' ve heard the versions
6 around town how many times is has been dispelled and what have
%r 7 you, but to tell you briefly , February the 1st , 1966 , a resolution
8 was passed by the City Council , City of Clermont in regular
9 meetings in the City Chambers , directing the then City Manager,
10 J'Ir. Harold McIntosh to proceed to procure whatever aid necessary
11 or available from federal and state sources and to make prelimin.ry
12 planning and directions for a comprehensive sewer project for
13 the City of Clermont . Your councilmen at that time were Mr. Jim
14 Hoskinson, Mr. Charles Beals and Mr. Harold Turville and Mr.
411,
15 Raymond Cochran and Mr. J . M. Vander Meer, who is incidentally o
16 vacation and couldn 't be here tonight and of course the mayor at
17 that time was Joe Bon Jorn. Each succeeding council from this
18 time has by their actions and on specific issues , ratified the
19 position taken by that council to go ahead with this plan. On
20 December the 14th, 1966 , the City Councilmen instructed the City
21 Manager, at that time is was Mr. Johnson , to enter a contract
22 with Michaels Engineering to perform the required preliminary
23 engineering work to get this sewer project off the ground. This
24 same company , Michaels Engineering had been employed for some
25 years as the consulting engineers for the City of Clermont .
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
4
1 Through the efforts of Mr. Johnson and several trips to Atlanta
2 by most of the councilmen and myself, we managed to procure some
3 four hundred and fifty thousand dollars in grants , both state
4 and federal, to aid us in this project . This four hundred and
fifty thousand is part of the over-all cost of approximately
6 two point four million dollars . That ' s a lot of money . At
*44111, present , it looks like from the time table of the project , that
8 the construction contract will be let by January 1 , 1970 and will
9 be completed by June 1, 1971, approximately sixteen to eighteen
10 months of construction. Now , some have asked, by what authority
11 can the City Council take on such a project . Florida Statutes ,
12 Chapter 170 , passed by your elected officials in Tallahassee
13 grants the power to any organized municipality to proceed on
4111, 14 a majority vote in a represented body , which is your City Counci
15 in this city , with any such undertaking. This may be roads ,
16 sewers , storm sewers , bridges or anyother undertaking that is
17 for the public good. This proposal has been underway now for
18 over three years . All decisions relevant to the progress of
19 this proposal have been made in open session of the City Council
" 20 at the prescribed meeting place and at the prescribed meeting
• 21 times . All decisions have been made and ratified by your duly
22 elected city representatives . Now , how in the world are we
23 going to pay for two and a half million or two point four milliol
24 dollars worth of sewers . The following is a breakdown, these
25 are in round figures because we do not actually know at this time
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
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what the actual contract will be, we can only estimate it . The
2 total cost , as I stated, was two million, four hundred thousand
3 dollars . Of this , assessments , that is your front foot assessments
4 will yield a total of eight hundred thousand dollars . Now, this
money will not be collected or even begun to be collected until
6 after the sewer system is completed. So , this necessitated a
7 temporary or interim loan to finance the actual installation of
8 the sewage . This money is being loaned to the city by the
9 government at four and one half per cent per annum, guaranteed
10 interest . When they committed themselves in aiding the project ,
11 not only did they commit themselves to two hundred and thirty
12 two thousand dollars worth of direct grant from the Federal
13 Government , but also committed themselves to this eight hundred
14 thousand dollar loan at four and a half per cent per annum. So,
15 the next figure , which i.s the actual cash reserve which had been
16 put aside for this project through the increased --- If you
17 recall a dollar, we increased the water rates . This dollar has
18 been put aside in a special fund and along with other funds , now
19 amounts to in excess of fifty thousand dollars , which we have
• 20 cash on hand. The remaining balance of some one million, one
21 hundred thousand dollars will be financed through revenue bonds ,
direct sewer and water revenue bonds . In other words , the sewer
23 system from that point will pay for itself. Now , how do these
24 assessments work? Most of you are here tonight because you
25 received a notice some time back that you owe us some money or
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
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1 that you soon will. As a matter of fact , one lady has already
2 sent us a check and we appreciate that , but the money is not due
3 and payable until thirty days after the complete system is
4 certified ready for use. In other words , it will be at least
June 1st , 1971 until any assessments will be even payable . Now,
6 the method of these assessments were approved, they were deliber-ted
*IOW 7 and approved by council and again approved by the Department , HUH
8 H. U. D. as they call it , Housing and Urban Development , which is
y an aid in this project , which is a government agency in Atlanta,
10 Georgia. We went several times to confer with them and they hava
11 approved of the assessment plan as well as the rate plan, that
12 is the rates to be charged monthly for the sewage use. This pla
13 had to be approved and get the federal grant and the federal loa
14 had to be completely comprehensive in nature . We could not go
15 out and just provide sewage for any one section of the town, we
16 could not go out and provide sewage just down town, we could not
17 omit any groups or any residential groups , whether it be minorit
18 groups or otherwise, it had to be a totally comprehensive plan
19 of sewage , not only for Clermonts needs today but for Clermonts
20 needs thirty or forty years from now. The assessment rate was
21 fixed and has been approved by council at $4 .00 per lineal foot .
z't Now . this will vary in some cases on odd shape lots . In other
23 words , you might have a lot that is 50 feet fronted on the stree. ,
24 but a 150 feet in the back, because of it being a triangular
zs shape or parallelogram shaped lots . In cases such as this , the
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
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1 lot lines back and front were averaged to get a mean front foot
2 assessment . In other words , if your lot was 50 on the front and
3 150 on the back, then you would be assessed for an average width !
4 of 100 feet and your assessment would be $400 .00 . Now, it works
5 the other way too. Suppose your lot a 100 on the front and only
6 50 on the back, in that case you would also be given the benefit
7 of the average and would have been assessed for a average front
8 foot of 75 feet and your assessment would have been $4 . 00 a foot
9 or $300 . 00 . Now, this gets complicated and some of you have , I
10 know, particular problems and that is really the primary reason
ii for this meeting, to bring out these particular problems and
12 bring them to the attention of the council and they do have the
13 power to make variations in them. Corner lots , corner lots you
16 14 will find are assessed by and large, with a few exceptions on
is irregular lots , by the shortest width on the street . In other
16 words , if your lot happens to be a 150 on one side and only a
17 100 on the other side , it would be assessed for the 100 feet .
18 Now, if there are variations in this , they may be discussed and
19 again, that is what we are here for. Now, some of you may say
20 that sewer main only comes to the corner of my lot , it only come-
21 on my lot one foot , why aren't I assessed only for the one foot
22 that comes in front of my house . Bear in mind in these assessme ts ,
23 you are not being assessed for having a sewer main in front of
24 your house , you are being assessed for a service that is provided
25 and even if that service is just provided to the very edge of
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS. FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
8
your lot line , then your property it totally benefited and you
2 are assessed for the total front footage just the same as anyone
3 else would be that has that service available . Now, as I said,
4 these assessments will not be duo or payable until 30 days after
5 the entire system is completed and is certified, inspected and
6 certified by the State Health Department as being ready for use .
*NW 7 That will include , of course , the complete operation and approva
8 of the sewage treatment plant . So, we are looking at something •hat
9 is almost two years off before the first assessment will be due .
10 Assessments may be paid in cash if you prefer, they will not be
11 discounted they are all a part of the total program. They may
12 be paid in cash or they may be paid in ten equal payments and
13 your payments plus interest at six per cent per annum. The firs
'4 payment will be due approximately July the 1st , 1971 or 30 days
15 after the sewage system goes in operation. There seems to have
16 been a general misunderstanding that the city is going to charge
17 eight per cent on all these time payments . Well, the statute th.t
18 does give us authority to assess , does give us the authority to
19 charge up to eight per cent . However, the council has tentative y
20 approved to charge six per cent , because that is about what will
21 be paid for the revenue bond money . Now . what about connecting
22 up to the sewage . There will be no connection fee per se . In
23 other words , you do not have to pay to tie into the sewer system
24 The stubs or the outlets to your particular property will be
25 placed as near as feasible to the place that the owner desires
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS. FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
9
1 it placed. In other words , we are not going to put a stub on
2 one corner of your lot if your nearest outlet would be on the
3 other corner of the lot , except where it would interfere with
4 the overall designed gravity flow and what have you of the system.
s You will be consulted before the stub is placed on the property .
6 However, the final decision on where it is placed does necessarily
7 have to be up to the contractor and the engineer, but where ever
8 feasible at all, it will be placed at the owner' s discretion.
9 Now, what you do have to bear is the cost of hooking up from
to your present system into the sewer line itself, to the stub . Th:
11 service will be brought to your property line at a point, where
12 possible , where you want it . However, the cost of getting the
13 sewage from your present outlet --- Now this is not from the
411 14 septic tank, it will have to be from before the septic tank wher:
15 it comes out of your homes or businesses , the cost of bringing
16 that line there to the outlet will have to be borne by the prope ty
17 owner, it does not have to be constructed by a licensed plumber.
is If you can do this yourself and it does have to be approved by
19 the Health Department and the City Building Inspectors , but if
20 you can do the work yourself or a part of it or any of it , then
21 that is just as good as long as it meets the State Health speci-
22 ficati.ons and the building code specifications . Now, the rates
23 charged for the service, just like the assessment rates , were
24 pre-determined, were approved as part of the overall comprehensi e
25 plan. In other words , we had to start from the beginning figuri g
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
10
1 out what price assessment and what price or rates would pay for
2 this system over a reasonable length of time . This rate has bee
3 set for the average family residence , that is a single family
4 residence, at $4 .00 per month . Apartment buildings , restaurants
s hotels , duplexes , businesses and other concerns that are not
6 ordinarily on a scheduled rate , which varies , and has been appro ed,
*m► 7 it is a proved rate that has worked in other cities and has been
8 proved by the government as well as other cities . There are a
9 few exceptions , and of course , all of these can be determined an.
10 averaged or in other ways changed by mutual opinion of council
11 and the property owner. When are the rates payable? Each
12 customer, that is each family in the city, that should be or
13 does have sewer facilities , will be charged a service charge
14 when they are connected or when they are beginning, 90 days from
15 the time that service is actually made available to you. In
16 other words , if you hook on immediately , then you will start , yo
17 will get a sewer bill along with your water bill the following
18 month . If you do not hook on immediately , at the end of 90 days
19 you will be charged starting the fourth month, whether you use it
zo or whether you don't . Now , within one year all customers , or al
21 services must be connected. As stated before , there will be no
22 connection fee per se , but all available or reasonably available
23 sewer facilities must be connected within one year after the
24 system is certified ready for use . A lot of people are wondering,,
25 along with myself incidentally, what about the effluent , the waste ,
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS. FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
11
1 what are we going to do with the waste . From the original plan,
2 which was not approved by the state , we made some modifications
s that the State Pollution Board as well as the State Board of
4 Health have approved our planned treatment plant and settlement
basins , which will be located in the marsh west of here . There
6 will be absolutely no entry , no effluent from this plant into our
rne 7 water here into our chain of lakes , but through a series of
8 sediment ponds and aquatic growth as they call it , the entire
9 mineral content as well as the bacteria content will be consumed
10 between that and evaporation, there will be absolutely no run
11 off into the system at all. Now, I hope I ' ve answered some of
12 your questions . We have a particular group here that will answer
13 any specific questions , but first I ' d like to, if I may , in light
46 14 of this size crowd, lay down a few ground rules on what we are
15 going to try and do to keep a semblance of order. Now , we have
16 here Mr. Cassidy , from the Court Reporter' s, he ' s a Court Reporter
17 from Alan Ilamlin's Office and he cannot hear but one voice at
18 one time and he 's not responsible to record but one voice at one
19 time, so we are going to place a microphone out here in the cent:r
20 and we will have some sort of order where you may come up and
21 express you particular problem or your particular opinion on the
22 method, the amount of your assessment or the method of payment
23 or anything else you want to challenge or otherwise talk on
24 concerning this system. When you come up , our Clerk here , Mrs .
25 Carroll , as well as Mr. Cassidy , will try and take --- We need
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
12
i your full name , your property description and what particular
2 point you wish to discuss . I ' ll ask you please to be brief, not
3 to be repetitious . If your question is asked and answered by
4 another party , I think you will get the same answer to the same
s question the second time , so please don't be repetitious . We
6 are not here to argue over anything, we are here to try to make
44111, 7 reasonable adjustments to any wrong-doing or any particular hard-
8 ships that any of you might suffer from this assessment and
9 oncoming sewer project . Thank you.
10 RESIDENT (MR. G . LYNN BROTHERSON) : Mr. Chairman, I have a corned
11 lot, on the east side of the house is a septic tank , on the west i
12 side of the house there is a septic tank , on the south side of
13 the house , a septic tank and much lower than the city sewer has een
14 made along Tenth Street and the engineer said forget about the
is one in the back. Now , how do you overcome that situation.
16 CITY ATTORNEY (MR. LANGLEY) : Let me say first , that in regard
17 to the stubs as we call them, there will be one stub that will
18 be furnished at no cost to each property owner, any additional
19 stubs will be at the actual cost of installation of that stub .
20 However, take a particular situation where you have a 200 foot
21 lot for instance and one residence, only one residence on that
22 200 feet , you will get one stub and one stub only . However, if
23 you sell off and it is two lots and another residence is built ,
24 you will still be entitled to another stub free of charge for
0 25 that residence . Now , I remember your particular case being
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
13
1 discussed and I would like to ask Mr. Sawyer, if you will , or Mr.
2 Westbrook, would you speak to this please?
3 ENGINEER (MR. WESTBROOK) : We may not be able to pick up from
4 all the tanks , but we will be able to pick up all the sewage .
5 RESIDENT (MR. G . LYNN BROTHERSON) : How would you be able to
6 pick it up from the house when you can't pick it up from one
7 tank?
8 ENGINEER (MR. WESTBROOK) : We would break into the lines from
9 the tank to the house .
10 CITY ATTORNEY (MR. LANGLEY) : Pardon me sir, if you will please ,
11 state your name and your property description.
12 RESIDENT (MR. G . LYNN BROTHERSON) : My name is Brotherson and I
13 live on the corner of Tenth and Magnolia and the engineers told
46 14 me that the sewer line will go along Magnolia Street and Tenth
15 Street runs down hill --- I mean, yeah, Tenth Street runs down
16 hill towards Minnehaha and the back end of my lot , I have a
17 cess pool at the back end of the lot and when I asked the engine=rs
18 about the back end of the lot being connected to the sewer line
19 he said, "Well, forget about it , " he said, "Just leave the septi.
20 tank there. "
21 ENGINEER (MR. '.IESTBROOK) : Well, we will pick up all the sewage
22 in the house .
23 RESIDENT (MR. G . LYNN BROTHERSON) : Do I have to have a pump put
24 in to pump it up?
25 ENGINEER (MR. WESTBROOK) : No.
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
14
1 RESIDENT (MR. G. LYNN BROTHERSON) : Well, how will it get into
2 the sewer line?
3 ENGINEER (MR. WESTBROOK) : I don't know exactly where that line
4 is .
5 RESIDENT (MR. G. LYNN BROTHERSON) : Well, your engineer tells me
6 that it j.s lower than the sewer line on the street .
7 CITY ATTORNEY (MR. LANGLEY) : Mr. Brotherson, they don't pick up
8 from your septic tank.
9 RESIDENT (MR. G . LYNN BROTHERSON) : They don't , no, but am I
10 going to run a sewer line up to the sewer line?
11 CITY ATTORNEY (MR. LANGLEY) : If your house is higher than the
12 road sir ---
13 RESIDENT (MR. G . LYNN BROTHERSON) . No, it isn't , no it runs down
116 14 hill a little bit and on the back of the house , it is way below
15 Magnolia Street and it 's probably two feet lower than where the
16 sewer will be on Magnolia Street .
17 ENGINEER (MR. WESTBROOK) : The sewer line will be lower.
18 RESIDENT (MR. G . LYNN BROTHERSON) : The sewer line on that street
19 will be lower, you guarantee that and I ' ll probably have to
20 dig --- Well, 12 foot out to the sewer at least , 12 to 14 feet .
21 ENGINEER (MR. WESTBROOK) : It could be that far.
22 RESIDENT (MR. G . LYNN BROTHERSON) : It could be that far. Iiow
23 deep is the sewer going to be on Magnolia Street?
24 ENGINEER (MR. WESTBROOK) : I don 't know the exact depth .
25 RESIDENT (MR. G. LYNN BROTHERSON) : Well, how am I to know?
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
i\
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1 ENGINEER (MR. WESTBROOK) : We know we can pick you up .
2 RESIDENT (MR. G . LYNN BROTHERSON) : When the engineer was there ,
3 he said forget about it , you are going to be lower, you are goin
4 to leave the septic tank there . Now, is that the kind of engine=rs
s you have?
6 CITY ATTORNEY (MR. LANGLEY) : I believe you were talking to a
IN, 7 sewer layer sir.
8 RESIDENT (MR. G . LYNN BROTHERSON) : Well, one of the engineers
s that was on the job .
10 ENGINEER (MR. WESTBROOK) : Well, we will pick you up , I know.
11 RESIDENT (MR. G . LYNN BROTHERSON) : I don 't have to put in an
12 extra pump to pump it up to the sewer line?
13 ENGINEER (MR. WESTBROOK) : No .
14 RESIDENT (MR. G . LYNN BROTHERSON) : Is that guaranteed?
46
15 CITY ATTORNEY (MR. LANGLEY) : Yes sir, I 'm sure it is .
16 CITY ATTORNEY (MR. LANGLEY) : Pardon me , may I ask that if after
17 this gentleman, if we will start here at the front row and go
18 back and take everyone in order. Go ahead sir if you want to .
19 ATTORNEY (MR. DAVID GLUCKMAN) : My name is David Gluckman, I am
20 an attorney from Orlando and I represent Gus Reese, the property
21 description is tracts 49A, and 49B, it is parcel 21. This is a
parcel of property which is located approximately a mile and a
23 half north of 27 on Highway 50 and it is totally composed of
24 orange grove and you have it assessed here on the front footage
25 basis at $4 ,000 . 00 for sewage connection of orange grove and we
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
16
1 would like to at this point protest such a assessment , feeling,
2 that it is not particularly beneficial to the property , asking
3 that some adjustment be made and hopefully , a drastic reduction,
4 because of the fact that this particular parcel of property at
5 present time has no need for sewage connections nor will it have
6 any need for sewage connections in the foreseeable future . As
7 is the statement of the appraiser that we contacted concerning
s the assessment of the sewage on this particular property said,
9 in his opinion, this is the appraiser who did the appraisal work
10 on the overpass Highway 50 and 27 and was familiar with the
11 property in the area, that the installation on the main line pas .
12 this property will not increase the value of this property to
13 any extent and in fact would be totally useless as far as the
111. 14 use of the property goes and as far as any foreseeable business
15 use in the future , so by appearing on behalf of Mr. Reese , I
16 would like to urge you gentlemen to reduce the assessment on thi-
17 particular property and if I might ask a question as to whether
18 there has been any discussion concerning this situation or such
19 as this . I understand that the assessment has been on a straighs
20 front footage assessment and there has been no finding of any
21 sort concerning the actual benefit to the individual parcels of
22 property . I would just like to feel that I could go back to my
23 client , that at some point when he does return from vacation,
24 with the feeling that the council , whether or not you will deal
25 with some such situation as this . Is.. anybody prepared to make
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
17
a statement on that at all?
2 CITY ATTORNEY (MR. LANGLEY) : Mr. Gluckman, I ' ll tell you the
3 council will take it under advisement , they most certainly won't
a make a decision on it tonight .
s ATTORNEY (MR. DAVID GLUCKMAN) : Thank you.
6 CITY ATTORNEY (MR. LANGLEY) : Mr. Byrd.
4 7 RESIDENT (MR. JAMES BYRD) : I believe my questions are somewhat
8 pertinent to questions of other residents of Clermont .
9 CITY ATTORNEY (MR. LANGLEY ) : Give your name and property
10 description, please .
11 RESIDENT (MR. JAMES BYRD) : James Byrd, I own some 200 feet on
12 the lake out here west of Clermont . Question number one, on wha•
13 basis was the decision made that the property would be adjudged
• 14 on a front footage basis? Really , the content going into your
15 sewage system has very little to do with front footage .
16 CITY ATTORNEY (MR. LANGLEY) : Well, sir the assessment figured
17 on front footage is based on the appreciation to the property .
18 Now, the sewage charge ---
19 RESIDENT (MR. JAMES BYRD) : I don't understand the word , appreci-tion
20 CITY ATTORNEY (MR. LANGLEY) : Well, in theory , if I may say , if
21 your property is presently worth $4 ,000 . 00 : with this sewer line
22 in front of it , it is supposed to improve it . Say it is a 100
23 foot lot , it is supposed to improve it $400 .00 , because you can
24 see this almost immediately in the fact that you would not have
25 to --- If you build on that lot , would you not have install a
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
18
1 septic tank for instance and drain field and what have you?
2 RESIDENT (MR. JAMES BYRD) : May I suggest that if septic tanks
3 are installed and working properly and the question again is the
4 influx into your system is the function of the number of bathroo s
5 into the system, have you considered that?
6 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
7 RESIDENT (MR. JAMES BYRD) : It is strictly front footage .
8 CITY ATTORNEY (MR. LANGLEY) : It is a combination Mr. Byrd, the
9 front footage is the assessment , the service charge is based
10 directly on the effluent into the system. As I told you, an
11 apartment for instance where there are six or eight baths ,
12 businesses , restaurants where they have a lot of dishwater and
13 whatever, will have to pay , I think •--- Floyd , is on a gallon
• 14 issue?
15 ENGINEER (MR. FLOYD GROO) : From apartments , yes , by population.
16 CITY ENGINEER (MR. LANGLEY) : Yes , on what they call a family
17 unit or an equivalent population basis . It is definitely varied
18 between family and multi-unit complexes and what have you. That s
19 the actual charge of use, service charge .
20 RESIDENT (MR. JAMES BYRD) : So it is not based totally on front
21 footage?
22 CITY ATTORNEY (MR. LANGLEY) : No sir.
23 RESIDENT (MR. JAMES BYRD) : Question number two , you mentioned - -
24 Getting into this business , unfortunately most homes that have
25 septic tanks , their septic tanks are in the back of their homes .
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
19
1 Did I understand you properly , that the home owner must , from wh:re
2 this stuff goes out of his house, must get it around to the fron.
a of the house to get it out on the street , is that proper?
4 CITY ATTORNEY (MR. LANGLEY) : The main line may not be in the
front, it may come down the back, but where ever it is , it is
6 your obligation to get your sewage to that line.
7 RESIDENT (MR. JAMES BYRD) : Have you progressed any studies to
8 determine the average cost to the average home owner of doing
s this sort of thing, because as I understand it , this is in
to addition to the $826 . 00 you told me I would owe .
11 CITY ATTORNEY (MR. LANGLEY ) : Not me .
12 RESIDENT (MR. JAMES BYRD) : Well , someone did , the City of
13 Clermont .
• 14 CITY ATTORNEY (MR. LANGLEY) : Yes sir, they have and we contem-
n plated in the early part of this project , to include the cost of
16 connection in the overall cost and have it financed also through
17 revenue bonds . In other words , taking an average it cost the
18 city in connecting everybody in and then by paying everybodys
19 cost as all part of the city project . However, this is unconsti
20 tutional and we were so advised, because you might be a plumber
21 or you might only have to run a line 20 feet to get to get to
22 the sewage , it might only cost you 4+0 or 50 dollars . Another
23 gentlemen there might have to run a line 400 feet or a 150 feet ,
24 so you, because you live closer to the street are going to pay
25 a good part of his price because he lives further from the stree .
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
20
1 RESIDENT (MR. JAMES BYRD) . Alright , fine, thank you. The third
2 question, am I proper in my understanding of the situation that
3 this is an after the fact meeting, the decision has been made
4 that the home owners here, we have no voice . You say , you have
the authority to do it and you are going to do it , is that
6 proper sir?
46 7 CITY ATTORNEY (MR. LANGLEY) : The object of this meeting Mr. Byre
8 is to hear complaints such as yours or questions such as yours .
9 RESIDENT (MR. JAMES BYRD) : I have a million complaints .
10 CITY ATTORNEY (MR. LANGLEY) : And on the manner in which it is
11 done and the manner the assessments are to be made and paid, the
12 decision has been made by council to go on with the project , yes
13 sir.
thliv 14 RESIDENT (MR. JAMES BYRD) : And council has total authority , thi-
15 is really an after fact meeting.
16 CITY ATTORNEY (MR. LANGLEY) : The object of the meeting is not
17 to determine whether to go on with the project .
18 RESIDENT (MR. JAMES BYRD) : Is council total authoritative?
19 CITY ATTORNEY (MR. LANGLEY) : To complete the project?
20 RESIDENT (MR. JAMES BYRD) : Yes .
21 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
22 RESIDENT (MR. JAMES BYRD) : That ' s the answer I wanted sir, than
23 you.
24 CITY ATTORNEY (MR. LANGLEY) : Thank you.
25 RESIDENT (MR. JERRY McLEAN) : Jerry McLean, I have the east two-third
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
21
1 lots of 1, 2 , 3 Sunset Heights , my property runs a 150 by a 100
2 dimension on a corner lot , they tried to take the shortest distance,
3 how I was assessed a 150 , now that is along Second Street .
4 CITY ATTORNEY (MR. LANGLEY ) : How do the lots face Mr. McLean?
s RESIDENT (MR. JERRY McLEAN) : My house is facing north .
6 CITY ATTORNEY (MR. LANGLEY) : Let them get you.
116111, 7 ENGINEER (MR. GROO) : Which corner is that?
8 RESIDENT (MR. JERRY McLEAN) : That would be Second and Cedar.
y CITY ATTORNEY (MR. LANGLEY) : What is your lot dimensions?
10 RESIDENT (MR. JERRY McLEAN) : A hundred by 150 .
11 CITY ATTORNEY (MR. LANGLEY) : You got a bill for 150?
12 RESIDENT (MR. JERRY McLEAN) : I got a bill for a 150 .
13 MAYOR (MR. SMITH) : Does your lot face on Cedar Street?
• 14 RESIDENT (MR. JERRY McLEAN) : These two-thirds , I guess they facs ---
15 You know the block ---
16 MAYOR (MR. SMITH) : I know where you live .
17 RESIDENT (MR. JERRY McLEAN) : I guess they run on Second Street
18 and I got the two-thirds , which makes it two-thirds of three lot-
19 which makes a 150 by 50 , a 150 by a 100 .
20 MAYOR (MR. SMITH) : You will have to show how those lots are
21 platted.
22 RESIDENT (MR. JERRY McLEAN) : I think they are platted on Second
23 MAYOR (MR. SMITH) : That is a 150 on Second?
24 RESIDENT (MR. JERRY McLEAN) : Right .
0 zs MAYOR (MR. SMITH) : That 's the way they were charged and that As
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS. FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
22
1 way it supposed to be .
2 RESIDENT (MR. JERRY McLEAN) : Right . Now, is the sewer coming
3 along Second Street?
4 MAYOR (MR. SMITH) : They are looking right now.
5 RESIDENT (MR. JERRY McLEAN) : Well, my neighbor right in front
6 of me is being assessed the long way going down Cedar Street whish
7 would be the front of my house, which is my shortest distance
8 and he is being assessed the long way down Cedar Street .
9 CITY ATTORNEY (MR. LANGLEY) : Can you answer his question? Mr.
10 Groo, can you answer the question.
11 ENGINEER (MR. GROG) : Yes , just a moment .
12 RESIDENT (MR. JERRY McLEAN) : Mr. Langley , let us say you are
13 assessed $600 . 00 and you have got a ten year period to pay it
14 off. Let 's just say $600 .00 including this ten years , that woul.
46
15 be roughly $60 .00 a year. Is there such a plan as that that you
16 could, say add $5.00 to your sewage and water bill or is it one
17 lump sum that you got to have it?
18 CITY ATTORNEY (MR. LANGLEY) : I 'm sure that we can handle it that
19 way .
20 RESIDENT (MR. JERRY McLEAN) : Alright.
21 ENGINEER (MR. GROO) : In answer to your question, what we are
22 trying to do is to make the assessment really on a parcel basis
23 that you have a part of three lots that face on Second Street ,
24 but you only have one house on it, am I correct?
25 RESIDENT (MR. JERRY McLEAN) : Right .
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
23
1 ENGINEER (MR. GROO) : So this is what we tried to consider in
2 making it equitable, even though you have a portion of three lot- ,
3 it is only one building parcel and this is what I know of it
4 right now . I would say that you are probably correct when you
s say we should assess you on the shortest side , but I would like
6 to take this under advisement .
imer 7 RESIDENT (MR. JERRY McLEAN) : You don 't have to hear this , it
8 pertains to me.
9 ENGINEER (MR. GROO) : In all fairness , I ' d like to say that the
10 council needs to take this under advisement for equalization,
11 that is why we are here tonight to try and rectify any errors
12 or commissions that we have run on this assessment and we will
13 certainly look at that .
14 RESIDENT (MR. JERRY McLEAN) : As long as give me a point to argu= ,
410
15 I won 't worry .
16 CITY ATTORNEY (MR. LANGLEY) : Thank you Jerry . In case you
17 missed that , that gentleman was assessed on the long side , so the
18 mistake was recognized and will be taken under advisement and
19 probably changed to the short side as the rest of them are . You
20 can't look at a plat of the City of Clermont and tell where the
21 house is on the lot and which way it faces .
zz RESIDENT (MR. REUBEN JAMISON) : Mr. Chairman, my name is Jamison
23 I 'm on a corner lot on Bloxam and DeSoto Street in Clermont and
24 the lots on DeSoto and they have me assessed at 300 feet on
25 Bloxam Street and it is a 100 by 50 feet on DeSoto.
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
24
1 CITY ATTORNEY (MR. LANGLEY) : Is it one lot or two lots there .
2 I think in that area you are talking about four lots altogether.
3 RESIDENT (PAIR. REUBEN JAMISON) : Maybe it is , it is on one lot
4 now. I own the one lot and I have citrus trees on it and it is
5 vacant and there is no house on it , but it is assessed at 300
6 feet and I thought after the question was raised, I wanted to
7 know would that be considered also as a short way , because I 'm n.t
8 going to build on that , it is going to have citrus trees on it
s and I don 't know whether it is by lot or nothing.
10 ENGINEER (MR. WESTBROOK) : Did you say Bloxam and ---
11 RESIDENT (MR. REUBEN JAMISON) : Bloxam and DeSoto, Ruby Jamison,
12 there is citrus trees on this lot , this block ends , the block
13 ends , it is 300 feet on Bloxam and a 150 on DeSoto.
14 CITY ATTORNEY (MR. LANGLEY) : I think the answer is that these
4111,
15 lots , even though you have one citrus grove on them are still
16 platted as individual lots and the way that particular lot faces
17 on the street itself it would be assessed. In other words , if
18 it was one lot you would fall under this other rule, but it is
19 not , it a series of lots or a group of lots and each one must
20 stand on its own.
21 RESIDENT (MR. REUBEN JAMISON) : I bought it in 1943 or 42 but
22 it isn' t a plat and T. C. CARSON, he looked into it and that way
23 this was originally planned as an acre and a quarter tract thert
24 orginally and the man that surveyed this was also from Clermont
25 and lived in Clermont and he surveyed it and that 's the reason
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
25
1 and that 's the way I bought it . They had five acres , there was
2 supposed to be four lots of an acre and a quarter.
3 CITY ATTORNEY (MR. LANGLEY ) : Tie 's looked at his assessment now.
4 ENGINEER (MR. GROO) : It meets the bounds and description and
5 the rule for this situation where it has 300 foot frontage , vacalt
6 land, the fact is that this could be broken into several , broken
`►, 7 into several separate building lots , so that 's the reason to
8 assess the entire frontage, you could conceivably put four building
9 lot in there .
to CITY ATTORNEY (MR. LANGLEY) : OKay Reuben?
11 RESIDENT (MR. REUBEN JAMISON) : Yes .
12 RESIDENT (MR. CHARLES M. POOLE) : You all look like intelligent
13 people . With the interest rates and the prices what they are
46. 14 today , what is wrong with our septic tanks , they have been here
15 for 20 years . With the interest rates , what will they be in the
16 next couple of months? When the depression hits , you figure it
17 out .
18 CITY ATTORNEY (MR. LANGLEY) : Thank you Mr. Poole .
19 RESIDENT (MR. EDMOND AMATEIS ) : My name is Edmond Amateis and I
20 am in area 5149 , lots 1, 2 , 3, Block 3, Rivera Heights . I 'm not
21 sure whether my problem was answered by the first man who came
22 up . His septic tank or cess pool, I believe he said was two or
23 three feet below the line on the main street and the engineer
24 told him to forget about it and I think you confirmed that
25 opinion. My lowest point of my waste line is thirteen and a
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
26
1 half feet below the street level. Now , what am I to do in a cas
2 of that sort?
3 ENGINEER (MR. WESTBROOK) : We are low enough to pick you up .
4 RESIDENT (MR. EDMOND AMATEIS) : What is that?
5 ENGINEER (MR. WESTBROOK) : We are low enough to pick you up .
6 RESIDENT (MR. EDMOND AMATEIS) : You can pick me up?
141m, 7 ENGINEER (MR. WESTBROOK) : Yes .
8 RESIDENT (MR. EDMOND AMATEIS) : The line on Fifth Street will be
9 fifteen feet , maybe fourteen, below the street level?
10 ENGINEER (MR. WESTBROOK) : It will be deeper than you are when
11 we get in there .
12 RESIDENT (MR. EDMOND AMATEIS) : OKay , that 's all I wanted to kno ,
13 thank you.
14 RESIDENT (MRS . LOIS C. ROGERS) : I 'm Lois Rogers and I own lots
44111/
15 8, 9 and 10 , Plat 71 at the corner of Seventh and Chestnut . What
16 I want to know is whether I will have to --- The lots face
17 Chestnut , but it is much shorter for me to go into Seventh . I
18 will be below the sewer on Chestnut unless it is pretty deep .
19 CITY ATTORNEY (MR. LANGLEY) : They are checking to see where tha
20 line runs Mrs . Rogers .
21 ENGINEER (MR. WESTBROOK) : You will probably be picked up on
22 Seventh Street .
23 CITY ATTORNEY (MR. LANGLEY) : You will be picked up on Seventh
24 Street .
25 RESIDENT (MRS . LOIS C . ROGERS) : Well, that is about 52 feet and
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
27
1 it is 90 feet to Seventh .
2 ENGINEER (MR. WESTBROOK) : You can be picked up on Seventh .
3 RESIDENT (MRS . LOIS C. ROGERS ) : Well , it is 90 some feet to
4 Chestnut and 52 feet to Seventh .
CITY ATTORNEY (MR. LANGLEY) : It will be the shortest route .
6 RESIDENT (MRS . LOIS C. ROGERS ) : Well, I didn't know about the
14S0 7 drop , you drop there pretty fast at the corner of Seventh and
8 Chestnut to get down to the lower level .
9 ENGINEER (MR. WESTBROOK) : Well, I 'm sure we can pick you up .
10 RESIDENT (MRS . LOIS C. ROGERS) : You can get me on Seventh?
11 ENGINEER (MR. WESTBROOK) : Right .
12 CITY ATTORNEY (MR. LANGLEY) : Incidentally , in places --- You
13 can sit down Mrs . Rogers , thank you. In places , just because
14 your house faces a particular street , does not mean that the
15 sewer line is going to be in front of your house, it may be on
16 the side of your house and you will still be assessed by your
17 frontage . Again, as I told you earlier, if you will try to
18 realize the concept that you are not being assessed for having
19 a sewer line in front of your house, you are being assessed for
20 a service brought into your property, so it may be brought in
21 from the very rear of your property in cases or perhaps on one b.: ck
22 corner butit will still be assessed on the front footage theory .
23 RESIDENT (MR. JACOB LUCAS ) : My name is Mr. Lucas , President of
24 Bell Ceramics , on New East Avenue, where it cuts through
25 temporarily , I have lots one through seven there , can you
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
28
1 enlighten me as to what is to happen along the lake front , from
2 there , from East Avenue to Second Street , which would be the
3 corner of the Bell Ceramics Building.
4 ENGINEER (MR. WESTBROOK: There will be a sewer line on Orange
5 Avenue and on Palm.
6 RESIDENT (MR. JACOB LUCAS ) : On the Paper Palm Street , which you
,. 7 show there, have you permission to tie in under the railroad
8 track from my plant into Palm Street , because I can 't get gas
9 through there, I don't know how you can get your sewage through .
10 ENGINEER (MR. WESTBROOK) : We don 't have that .
11 RESIDENT (MR. JACOB LUCAS) : In other words , that is still in
12 the future . You are not then, contemplating running along 561
13 Highway , the Lake Shore Drive , Lake Minneola Drive?
lip 14 ENGINEER (MR. WESTBROOK) : Not at that point .
15 RESIDENT (MR. JACOB LUCAS ) : What about the bungalow that I have
16 on the lake with a septic tank at the present time .
17 ENGINEER (MR. WESTBROOK) : We will be going that far.
18 RESIDENT (MR. JACOB LUCAS) : Then you will be coming up East
19 Avenue or down East Avenue and returning over on to pick up --
20 ENGINEER (MR. WESTBROOK) : Would you come up and look?
0
21 RESIDENT (MR. JACOB LUCAS ) : I would be glad to. [Mr. Lucas
22 walks to table to speak to Mr. Westbrook] .
23 CITY ATTORNEY (MR. LANGLEY) : Would someone else in this area
24 care to come forward?
25 RESIDENT (MRS. C.W . MAYERS ) : I 'm Mrs . C. W. Mayers , Treasurer
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS. FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
29
1 of the Women's Club and our Women's Club has been assessed $600 . 10
2 but we don't own that , we get it from the city for a dollar a
3 year and I ' d like to know why we were assessed.
4 CITY ATTORNEY (MR. LANGLEY) : We are not going to pay such
5 outrageous charges , are we. The council will have to take that
6 under advisement I 'm sure .
411110 7 RESIDENT (MRS . C.W. MAYERS ) : Will I get to go before the counci ?
8 CITY ATTORNEY (MR. LANGLEY) : No ma'am, you are making an official
9 appearance right now , thank you .
10 RESIDENT (MRS . C.W. MAYERS) : Thank you.
11 RESIDENT (MR. CORBETT) : My name is Corbett , I ' ve just acquired
12 some property here in Clermont . I ' d like to know if there is
13 any place that I could see your construction drawings with the
16 14 elevation so I might determine what procedure I 'd have to go
15 through to get connected into it . If I could also get something
16 on the building code to show the lines .
17 CITY ATTORNEY (MR. LANGLEY) : Yes sir, all that will be availabl.-
18 to you. You are talking about something that is about two years
19 off right now, but it will all be made available to you . The
20 engineer on the project will come to you and consult you before
21 the particular stub that is put on to your property .
22 RESIDENT (MR. CORBETT) : I would also like to know if I could
23 connect , lay my line some time previous , because it seems to me
24 that if everybody is having their lines constructed in the last
25 moments , you won't be able to get it done , certainly won't be
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OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
30
able to get it done within a year. If I could have a line put
2 in and have it inspected.
3 CITY ATTORNEY (MR. LANGLEY ) : Mr. Groo will answer that .
4 ENGINEER (MR. GROO) : The final construction plans should be
5 available not more than one month from today and they will be
6 on file at the city hall and you can look as to the relation of
7 your property .
8 RESIDENT (MR. CORBETT) : They will have the inverts?
9 ENGINEER (MR. GROO) : Yes .
10 RESIDENT (MR. CORBETT) : They will have all the existing inverts
11 and how you approach them?
12 CITY ATTORNEY (MR. LANGLEY) : And you can determine at that time
13 where you want the stub sir and exactly how deep your line will
14 have to be to get to it and everything.
15 RESIDENT (MR. CORBETT) : Thank you very much.
16 RESIDENT (MR. POUCH) : My name is Pouch and I have the Clermont
17 Hotel and my lot is 100 --- No, 200 by 125 and they have me
18 assessed for $800 . 00 . It is on Eighth and Minneola and Osceola.
19 CITY ATTORNEY (MR. LANGLEY) : Mr. Pouch, concerning these corner
20 lots now. When we talk about a corner lot , we are talking about
21 one lot , not a series of lots . If your home is built on two,
2z three or four lots , these lots have to stand on their own by and
23 large . This is not an answer to your particular question, they
24 will answer it , but when we are talking about a corner lot , one
25 lot on a corner, not as a group of lots .
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
31
1 RESIDENT (MR. POUCH) : Are we to have another open session like
2 this or are we to know the answer tonight?
3 CITY ATTORNEY (MR. LANGLEY) : If necessary we will sir, but the
4 object tonight is to bring all these problems to the attention
s of the council and let them try to make what ever adjustments
6 they can make on them. Mr. Pouch, why don 't you step over here
*41/10 7 and they will be glad to talk to you. [Mr. Pouch walks to table
8 to speak to the engineers ] . Do you want to come up ma'am.
9 RESIDENT (MRS . MARION MITCHELL) : My name is Marion Mitchell and
10 we have property on Second Avenue . My question is , you have
11 already been assessing us , everybody in Clermont a dollar a mont ' ,
12 now you are going to assess us $4 . 00 a front foot and you are
13 going to charge us interest if we don't pay it all at one time .
14 I don 't see why --- Where you have the right to charge us intere•.t ,
we are paying as wego . Is that right , arr
is we are not borrowing, g
16 we paying as we go?
17 CITY ATTORNEY (MR. LANGLEY) : No ma'am, with $800 ,000 .00 that we
18 started the project . You are confusing your assessment with you
19 revenue. The revenue , that is a service, the sewer service is
20 monthly and that is paid as you go.
21 RESIDENT (MRS . MARION MITCHELL) : My dollar that I am paying now
22 is a service?
23 CITY ATTORNEY (MR. LANGLEY) : The dollar you are paying now is
24 a water service charge, yes ma' am.
25 RESIDENT (MRS . MARION MITCHELL) : I thought that was part of
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1 your sewer assessment .
2 CITY ATTORNEY (MR. LANGLEY) : No ma' am, that is a water service
3 charge. It was ear-marked as a start on this project .
4 RESIDENT (MRS . MARION MITCHELL) : But it goes to the sewer money
5 right?
6 CITY ATTORNEY (MR. LANGLEY) : Yes ma' am, but the sewer project ,
`,, 7 when this sewer system is completed, our water department and
8 sewer department will be consolidated into one department .
9 RESIDENT (MRS . MARION MITCHELL) : But you are assessing us an ex' ra
10 dollar for something we don't have yet .
11 CITY ATTORNEY (MR. LANGLEY) : If you' ll read that ordinance ma' an,
12 it says that the water rates are increased by one dollar, no
13 word of assessment and I wrote it .
14 RESIDENT (MRS . MARION MITCHELL) : OKay.
*4110
15 CITY ATTORNEY (MR. LANGLEY) : Thank you ma 'am.
16 RESIDENT (MR. JOHN HULETT) : John Hulett , a resident of Clermont ,
17 the question I would like to ask you is , we voted this down once
18 or twice and then we get a bill for an assessment for the sewer.
19 Where do the people come in on this , please answer that .
20 CITY ATTORNEY (MR. LANGLEY) : Any applause? [Loud applause from
21 the audience] . The question was put on the ballot December the
22 13th , 1960 based as follows : "This system as contemplated at
23 that time was strictly for the downtown area with some other
24 stages planned in the future. The question was this , do you
25 want a sewer system for the City of Clermont , period. " It was
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1 voted down at that time , it did not carry . That was in December
2 of 1960 .
3 RESIDENT (MR. JOHN HULETT) : We haven't voted on it since then.
a CITY ATTORNEY (MR. LANGLEY ) : No sir, but your legislature , the
5 senator and representative that you sent to Tallahassee voted
6 in the meantime , that if the city government deemed fit by a
*1110 7 majority vote of their governing body they could instigate such
8 a plan with or without voter approval .
9 RESIDENT (MR. JOHN HULETT) : If that is the case , they voted
to themselves twelve thousand dollars a year and we didn 't know
11 about that either.
12 CITY ATTORNEY (MR. LANGLEY) : I didn't either.
13 RESIDENT (MR. JOHN HULETT) : These people are voting my money
410 14 away , what am I going to pay it with.
15 CITY ATTORNEY (MR. LANGLEY) : Thank you sir.
16 RESIDENT (MR. JOHN BOYD) : My name is John Boyd, I ' ve just come
17 back to Clermont after many years of living in Chicago. My
1s question may not be in order, it does not have anything to do
19 with the lot that I own, but is the present ordinance so drawn
20 that roof drainage can always be prohibited from being put into
21 the sewers?
22 CITY ATTORNEY (MR. LANGLEY) : Mr. Groo?
23 ENGINEER (MR. GROO) : John, I can 't answer you as to how the
24 ordinance is drawn, but from an engineering standpoint , it would
25 be inadvisable to put all this service run off into the sanitary
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1 sewer system.
2 RESIDENT (MR. JOHN BOYD) : That ' s the question I 'm raising,
3 because the problem that Chicago has , it has one of the best
4 sewer systems in the world, but if they get a heavy rain, they
s have to dump sewage in it .
6 ENGINEER (MR. GROO) : This will not be a combined sewer system
7 as you have in Chicago.
8 RESIDENT (MR. JOHN BOYD) : Is there anything in the ordinance,
9 not for existing residences perhaps , but for new residences
10 constructed and they put gutters on it and put that into the
11 sewer or is that going to be specifically prohibited?
12 ENGINEER (MR. GROO) : I don 't believe it is , but I think it is
13 a very good point.
14 CITY ATTORNEY (MR. LANGLEY) : It will be if it is not in.
15 RESIDENT (MR. JOHN BOYD) : I think it should be.
16 CITY ATTORNEY (MR. LANGLEY) : Thank you sir. This system was
17 designed strictly on a proposed effluent of normal sewage use
18 and not any sort of storm sewage at all and it will be prohibiter. .
19 RESIDENT (MR. JOHN BOYD) : Thank you.
20 RESIDENT ( DR. THOMAS D. WEAVER) : I 'm Dr. Weaver, and I 'm like
21 you Dick , I 'm concerned more about our lakes than anything else.
2z You know I 'm paying a $1400 . 00 assessment on a lot , I don 't
23 believe I want to go against the city council in the future .
24 I would like to ask the engineers over here what type of dike
25 work, or how deep is it going to be dug out , is it going to be
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lined with cement or what is the proposed method of keeping the
2 effluent from this treatment plant from getting in our chain of
3 lakes .
4 ENGINEER (MR. WESTBROOK) : Similar to what you have around Lake
5 Apopka, dikes that are non-porous .
6 RESIDENT (DR. THOMAS D. WEAVER) : This sand is very , very porous ,
7 it don 't take much seepage to get through . That area of marsh
8 out there and muck is pretty deep as I understand in places and
9 I 'm sure the man who built the trailer park can tell you how
10 deep it is and it seriously concerns the waterways club and the
11 other members that live on the lake whether this effluent is
12 going to get in the lake and we seriously doubt that a sand
13 dike around a muck farm will protect our lakes from this effluent .
gli 14 ENGINEER (MR. WESTBROOK) : I ' d be glad to talk to you at my
15 office in detail on this and show you the way it is planned in
16 detail.
17 RESIDENT ( DR. THOMAS D. WEAVER) : Well, we would be very interes ed
18 in knowing how this waste level is going to affect the waterways
19 of this area and everyone of us that lives on these lakes, which
20 are clean and pure, or at least they were until recently , are
21 very much interested in what is going to be the end result of
22 the sewage system, because all you have to do is look around
23 to our neighbor communities , Lake Apopka, Winter Garden, Mount
24 Dora, Leesburg and Eustis and look at the lakes that used to be
25 in the same shape as these and how they are very much polluted
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1 and very much ruined as far as bathing or any other thing.
2 ENGINEER (MR. WESTBROOK) : The State Board of Health has told
3 us we can't discharge into the lakes , it has to be dikes
4 sufficiently deep .
s CITY ATTORNEY (MR. LANGLEY) : Doc, this water treatment is not in
6 the older sewage treatment plants only guaranteed the reduction
fir► 7 of bacteria, this also guarantees the reduction of any mineral
8 content which leads to the growth of the algae and what have you .
9 RESIDENT ( DR. THOMAS D. WEAVER) : This reduces all that .
to CITY ATTORNEY (MR. LANGLEY) : Everything. it has been approved
11 by the State Board of Health. I 'm down stream from it .
12 RESIDENT (DR. THOMAS D. WEAVER) : You have been investigating
13 it too.
14 CITY ATTORNEY (MR. LANGLEY) : Is Mr. Boyd still here , the gentle
1s man from Chicago? [Mr. Boyd standing] Mr. Boyd , in section
16 1-30 the ordinance reads as follows : "In connection with non-
sanitary
17 waste prohibited, there will be no connections for
18 surface drainage of storm water or any non-sanitary waste into
19 sanitary sewer lines facilities within or without the City Limit .
20 of Clermont . " OKay sir? [Mr. Boyd nodding head indicating
21 affirmative] . Anyone else over on this side?
22 RESIDENT (MR. JOHN DREES) : My name is John Drees , I live on
23 Juniata and DeSoto Streets , lot number 11 , 25 feet of lot numbe
24 12 . I 'd like to know what type of material should this pipe be
25 made of.
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1 ENGINEER (MR. GROO) : The main sewer line will be clay .
2 RESIDENT (MR. JOHN DREES) : Will that be connected to the properly?
3 ENGINEER (MR. GROO) : It will be clay right off of the main line
4 to your property line.
5 RESIDENT (MR. JOHN DREES ) : On the property itself are these
6 septic tanks and whatever is necessary to put this sewer system
7 on private property , can that be sewer pipe that is made of
8 plastic pipe or could it be made of asphalt pipe?
9 CITY ATTORNEY (MR. LANGLEY) : That specification is specified
10 by the city and county building code sir, I don't know exactly
11 what it is , but that is specified.
12 RESIDENT (MR. JOHN DREES) : Is a copy of the code available?
13 CITY ATTORNEY (MR. LANGLEY ) : Yes sir, at the city hall.
16 14 RESIDENT (MR. R.B. INGERSOLL) : R. B . Ingersoll, 326 feet, Lots 6, and
is 8, Block 11. My question is general in regard to irregular shap:
16 lots . What is the thinking and reasoning for assessing on a
17 mean average?
18 CITY ATTORNEY (MR. LANGLEY) : Theory . Alright , I take it that
19 your lot is narrower in the front than it is in the back?
20 RESIDENT (MR. R.B. INGERSOLL) : Yes .
21 CITY ATTORNEY (MR. LANGLEY) : Now, the people that are narrower
22 in the back aren't here to object , but in the meantime the theory
23 is that it is a benefit to the land, right? If you only had one
24 foot on the street and then you could run your sewer line throug`:
zs that one foot , then you would have just as much benefit as your
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1 neighbor who might be a 100 foot on the street , so we take ---
2 It ' s roughly on a area benefited or a property parcel benefited
3 theory and you benefited just as much as your neighbor does who
4 probably has more frontage.
5 RESIDENT (MR. R.B. INGERSOLL) : This is true Dick , but the man
6 that owns 50 feet here and 75 feet here , the neighbor owns , it
411110 7 is just as logical to average his two together. By the same
8 token, if you have a corner lot that is longer on one side than
9 the other, why aren't their averages mean?
10 CITY ATTORNEY (MR. LANGLEY) : It is on the way the lot is faced.
11 RESIDENT (MR. R.B. INGERSOLL) : Well, if it is one lot ---
12 MAYOR (MR. SMITH) : I live on a corner.
13 RESIDENT (MR. R.B . INGERSOLL) : What you stated here was a short
46 14 footage , right?
15 CITY ATTORNEY (MR. LANGLEY) : In most instances .
16 RESIDENT (MR. R.B. INGERSOLL) : In general, we are talking in
17 general, I 'm not speaking of my lot in particular, but you stated
18 that this was in general on this short footage , then why isn't
19 an irregular shaped lot on the short footage in general , or if
20 you are going to average that , why don 't you average a corner
21 lot , one lot I 'm speaking of.
22 MAYOR (MR. SMITH) : That 's what I 'm talking about .
23 ENGINEER (MR. WESTBROOK) : The theory on the corner lot , if you
24 are on a corner lot you could conceivably have two sewer lines ,
25 one on one side of you and one on the other side.
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1 RESIDENT (MR. R.B . INGERSOLL) : Yes .
2 ENGINEER (MR. GROG) : So , going on that basis your corner lot ---
3 RESIDENT (MR. R.B. INGERSOLL) : Certainly , I 'm not saying assess
4 both sides , but why not average it .
ENGINEER (MR. GROG) : So , in following that theory by taking the
6 short side --- Let 's go on a basis that most building lots are
1111, 7 shorter in frontage than they are in depth, so the man on the
8 corner lot has a frontage and a depth. Now because of the
9 question, which side are you going to consider the front and
10 which side are you going to consider the depth , so the policy
11 the council has adopted the idea that the short side is the
12 frontage and the long side is the depth, that ' s why it is done
13 that way .
46 14 RESIDENT (MR. R.B. INGERSOLL) : I could appreciate that , but my
15 point that I can't ---
16 CITY ATTORNEY (MR. LANGLEY) : Excuse me a minute . Roy , would
17 you all --- If you will complain directly to the assessor over
18 here or you are not going to get on the record which is being
19 kept over here and you are not going to have any consideration
20 by the council because this is our only official record.
21 RESIDENT (MR. ROY W. CALDWELL) : I don 't want it on.
22 CITY ATTORNEY (MR. LANGLEY) : You are also disrupting us some
23 what and I would appreciate your cooperation.
24 RESIDENT (MR. R.B. INGERSOLL) : I don 't mean to be picking, but
25 it does seem to me that if you have a corner lot and you say that
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4o
we are going to take in general corner lots and assess them on
2 the short side , I 'm not speaking of lots parallel, I 'm speaking
3 of one corner lot parcels . Then it seems logical to me that an
4 irregular shaped lot is in the same category and therefore , let ' -
s assess it on one end or the other, the short or the long side .
6 ENGINEER (MR. GROO) : Well , the averaging procedure was arrived
`, 7 at on the basis that one building lot and one house on it , its
8 contribution to the sewer system would be the same whether it
9 had 15 front or a 100 feet front . Now, we could have gone to
10 the square foot basis , which would have achieved the same end,
11 but we arrived at the width averaging method as a convenient
12 and equitable way of doing it .
13 RESIDENT (MR. R.B . INGERSOLL) : Then if this square footage
• 14 average was used on a corner lot then why didn 't you use the
1s mean average on the corner then.
16 CITY ATTORNEY (MR. LANGLEY) : Bob, if you take a corner, if you
17 have a corner lot that is 50 foot facing this street and 150
18 down this side , your neighbor to your right has only 50 foot on
19 the street in front of him, right? So , are we going to assess
20 him for this 50 feet and we are going to assess you for the
21 average of 50 plus a 150 or a 100 foot , I don 't believe that is
22 equitable .
23 RESIDENT (MR. R.B. INGERSOLL) : No, I don 't either, but I don 't
24 see the equitability in averaging the irregular shaped lot on
0 25 a mean basis and being the only lot that is described or handled
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1 that way .
2 CITY ATTORNEY (MR. LANGLEY) : Well, bear in mind that we did thi-
3 when they are greater on the back as well as narrow on the back,
4 that it worked to some peoples benefit as well as not .
5 RESIDENT (MR. R.B . INGERSOLL) : Certainly , I appreciate that .
6 Well, thank you.
7 CITY ATTORNEY (MR. LANGLEY) : Yes sir. Mr. Bill Boyd.
8 RESIDENT (MR. WILLIAM BOYD) : My name is William Boyd. Since we
are not in the city hall and the assessments on these are not
10 available today to figure out these things , I 've got a number of
11 complaints to bring up , so I just want to get on the record
12 tonight and then reappear before the council at another time to
13 hear these out because it will take me fully an hour to say what
14 I ' ve got to say . One thing I want to bring up , two things . One
15 is , some property in Block 99 , which is 450 feet on Highway 50
16 and a 150 feet on Tenth Street which is zoned so that I can't us&
17 it , the city absolutely refuses to give me a building permit to
18 let me use it . I don't think it is fair that I should pay for
19 this sewer on stuff that the city has got set aside for some
20 future imaginary use . That ' s just part of it . I ' ll bring the
21 rest up at a later time when I have more time . Thank you.
22 CITY ATTORNEY (MR. LANGLEY) : Yes sir, with your hand up right
23 there .
0 24 RESIDENT (MR. JOHN SCHOPMEYER) : I know Jim Westbrook over here
25 pretty well, I think he did a perfect job in what he is trying
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1 to do in putting it before you. That 's all I have to say .
2 CITY ATTORNEY (MR. LANGLEY) : Thank you. Mr. Baron.
3 RESIDENT (MR. L.O. BARON) : Hello Dick , I ' ve got one question
4 and it is in relation to ---
s CITY ATTORNEY (MR. LANGLEY) : Would you give your name and
6 property please?
�. 7 RESIDENT (MR. L.O. BARON) : Don't do that , I ' ve got more than
8 one , I don 't want to go --- I only got two questions .
9 CITY ATTORNEY (MR. LANGLEY) : General questions?
10 RESIDENT (MR. L.O. BARON) : General questions . Suppose you want
11 to sell your property or you did sell the property , how would
12 you give the title to the supposedly new owner?
13 CITY ATTORNEY (MR. LANGLEY) : This is after the assessment is
41, 14 made and you haven 't paid it?
15 RESIDENT (MR. L.O. BARON) : Right , could it be paid monthly over
16 a period of 10 years?
17 CITY ATTORNEY (MR. LANGLEY) : It would be a genuine and valid
18 lien against the property .
19 RESIDENT (MR. L.O. BARON) : You would give them a clear title?
20 CITY ATTORNEY (MR. LANGLEY) : No, you could not , it would be
21 subject to that , paying it off.
22 RESIDENT (MR. L.O. BARON) : You have to pay off all assessments
23 before you can give them a clear title?
2a CITY ATTORNEY (MR. LANGLEY) : No , I said you could give it subject
25 to it or pay if off.
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1 RESIDENT (MR. L. O. BARON) : Meaning the same thing.
2 CITY ATTORNEY (MR. LANGLEY) : No sir, I mean you probably have
3 bought property subject to a mortgage, have you not , an existing
4 mortgage, this is all an existing lien.
5 RESIDENT (MR. L. O. BARON) : That is correct .
6 CITY ATTORNEY (MR. LANGLEY) : It would be just a cloud or lien
111111W 7 on your title , but it definitely could be taken care of.
8 RESIDENT (MR. L.O. BARON) : It would be a lien until you paid it
9 off?
10 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
11 RESIDENT (MR. L.O. BARON) : One more question , on more than one
12 piece of property , suppose you don 't come in within that year
13 which you have stated that it becomes mandatory for hooking up
4110 14 to this sewer or outlet , then what happens?
15 CITY ATTORNEY (MR. LANGLEY) : For what reasons?
16 RESIDENT (MR. L.O. BARON) : A. good reason is that the whole town
17 has got to hook up within a year and there are not many plumbers
18 in Clermont , if you want a plumber now, it takes you 60 days to
19 find one . If you are going to bring in a crew from Orlando and
20 all surrounding areas and say , hook up to the sewer system, this
21 is what I had in mind.
22 CITY ATTORNEY (MR. LANGLEY) : This sewer system was passed by
23 council and can be changed by council and if there is a genuine
24 reason, it can be extended as necessary based on the hardships .
25 RESIDENT (MR. L.O. BARON) : How are you going to determine the
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1 hardships , as it goes along?
2 CITY ATTORNEY (MR. LANGLEY) : That is up to these five elected
3 officials .
4 RESIDENT (MR. L.O. BARON) : Thank you sir.
5 CITY ATTORNEY (MR. LANGLEY) : I 'm glad people don't bad mouth
6 lawyers like that .
46 7 RESIDENT (MR. A.T. BOOHER) : I 'm A. T. Booher, I own lots down
8 on Lake Sunnyside also on Anderson and Bowman Street . The lots
9 that I have a question on now for lots 5 and 6 , particularly 6
10 which is practically covered by water and there is not room
11 enough to build on it , what is a person supposed to do in a
12 question like that?
13 CITY ATTORNEY (MR. LANGLEY) : You come to the assessment hearing
14 and bring it to the attention of council.
15 RESIDENT (MR. A.T. BOOHER) : Yes sir.
16 CITY ATTORNEY (MR. LANGLEY) : OKay .
17 RESIDENT (MR. A.T. BOOHER) : I ' d say the water is as close from
18 here to the table over it now.
19 CITY ATTORNEY (MR. LANGLEY) : These specifics will be considered
20 by council.
21 RESIDENT (MR. A.T. BOOHER) : I have plenty of time to see about
22 it later?
23 CITY ATTORNEY (MR. LANGLEY) : Yes .
0 24 RESIDENT (MR. A.T. BOOHER) : Also another question I want to ask
25 they said put it on the property , in my particular case they sai
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1 put it on the property . My particular property where my residence
2 is , I don't want to go back 300 feet on Anderson Street , I want
3 to get sewage on Bowman Street , maybe it can be done along there
4 CITY ATTORNEY (MR. LANGLEY) : You can't always have it where you
5 want it . it is part of a plan.
6 RESIDENT (MR. A.T. BOOHER) : I wouldn't want to run back up here
7 on the hill , they ' d have to have a pump in my house if it is
8 run back up Anderson Street , wouldn't they Mr. Johnson? I ' d hav:
9 to have a pump to get it to Anderson Street instead of Bowman,
10 to get it up on Anderson.
11 CITY ATTORNEY (MR. LANGLEY) : He said there is sewers on both of
12 them.
13 RESIDENT (MR. A.T. BOOHER) : Thank you sir, I ' ll take it up with
14 you later about Blocks 5 and 6 . How much set back do you have
1s to have done?
16 CITY ATTORNEY (MR. LANGLEY) : It depends on how it is zoned.
17 RESIDENT (MR. A.T. BOOHER) : Do you have to 50 or 25 , there is
18 quite a bit of water down at 5 and 6 and the most that I can
19 have there is just for a boat and a place to play around with it
20 CITY ATTORNEY (MR. LANGLEY) : We don't want to put any sewers
21 down in there that I can't build on. Mr. Rogers?
22 RESIDENT (MR. HERBERT ROGERS) : My name is Herbert Rogers from
23 the Lake Highland Nursing Home. Perhaps this question has already
24 been answered , I came in late , but I notice in my assessments on
25 the lots in front of the hotel property , is a sewage line going
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1 in the street or the back of the lots , because if they are , I 'm
2 assessed for all three sides , so I don 't know --- In other words
3 we have it for 295 down one , down East Avenue and across the
4 front too, so if we only get the short side, I ' ll settle for that
s tonight . Now , on the lots on the front of the hotel , I notice
6 that it is one lot listed as 76 feet , so it must be at the back
410 7 of the lots , because there is not any of that width in the
8 front there, they are 50 foot lots . I have the description.
9 CITY ATTORNEY (MR. LANGLEY) : You have registered your complaint
10 would you step over here and I think they can talk it over with
11 you and help you. [Mr. Rogers walks to table to speak to engine: rs ] .
12 RESIDENT (MR. ART EKIERT) : My name is Art Ekiert , this is a
13 general question I want to ask. On the financing of this , what
411, 14 is it going to be at eight and a half per cent or ten and a half
15 per cent charge if payable in ten years?
16 CITY ATTORNEY (MR. LANGLEY) : No sir, you came in late .
17 RESIDENT (MR. ART EKIERT) : That 's what I figured I did, I knew
18 I came in late, I must have missed that .
19 CITY ATTORNEY (MR. LANGLEY) : It will be a six per cent per year
20 RESIDENT (MR. ART EKIERT) : Six per cent per year.
21 CITY ATTORNEY (MR. LANGLEY) : This will be about what the bonds
22 will be, or six point two.
23 RESIDENT (MR. ART EKIERT) : Thank you very much.
24 RESIDENT (MR. WALTER BARBOUR) : I 'm Walter Barbour , I want to
25 find out Dick, is this going to be a flat six per cent on the
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1 balance or is this interest going to be figured on a simple
2 interest basis?
3 CITY ATTORNEY (MR. LANGLEY) : It will be on the unpaid balance .
4 RESIDENT (MR. WALTER BARBOUR) : On the unpaid balance?
5 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
s RESIDENT (MR. WALTER BARBOUR) : Not on the whole balance?
46 7 CITY ATTORNEY (MR. LANGLEY) : We are not your friendly finance
8 company . OKay , over here sir?
9 RESIDENT (MR. WILLIE ODOM) : My name is Willie Odom, and I can't
10 say what street , because there is no street where I live at.
11 CITY ATTORNEY (MR. LANGLEY) : There isn't hardly no way to get
12 there then, is there?
13 RESIDENT (MR. WILLIE ODOM) : That ' s right , that ' s my main question
46 14 and from this street to my place is 200 , maybe 250 feet and I
15 want to know just hoN this line is going to come into me, just
16 how much will I have to go.
17 CITY ATTORNEY (MR. LANGLEY) : Are you familiar with this one?
18 ENGINEER (MR. WESTBROOK) : Would you step over here . [Mr. Odom
19 walks to table to speak to engineers ] .
20 RESIDENT (MR. W. E. COLLINS ) : fir. Chairman and Members of the
21 Council, my name is W. E . Collins , I want to ask you about lot 110
22 Sunset Park , the set back on the highway now , is 50 foot and I
23 keep figuring my assessment , how it pertains , it shows a total
24 of $1500 . 00 , where do they get that figure on that . What do the
25 figure , on the back or did they assess it on the two ends or on
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1 Linton Court and Tenth Street , that ' s just what I wondered.
2 CITY ATTORNEY (MR. LANGLEY) : On large parcels of land, such as
3 you are talking about , the assessment goes back 150 feet . In
4 other words , we consider that the sewage line services 150 feet
s depth. Now , when this runs up to a corner and goes back down
1 6 a side past that 150 feet, it would pick up again, 150 feet on
1 416, 7 each side , will that help you figure it out?
8 RESIDENT (MR. W. E . COLLINS) : Is that estimated on Tenth or
9 Linton Court or is it ---
10 CITY ATTORNEY (MR. LANGLEY) : If you' d like to speak to the man
11 on the end, maybe he can tell you. [Mr. Collins walks to table
12 to speak to engineers ] .
13 RESIDENT (MR. WILLIAM GROSS) : My name is William Gross , tract
14 62 west of the highway at Grand and Highway 27 . I 'm not here
15 to register any complaints , but there are some problems on the
16 property which I would like to take at a later date with council
17 CITY ATTORNEY (MR. LANGLEY) : Thank you sir. Miss Pool?
18 RESIDENT (MRS. FLORENCE POOL) : I 'm Florence Pool, Secretary of
19 General Groves Corporation, and I would like to get with the
20 council at a later date.
21 CITY ATTORNEY (MR. LANGLEY ) : We ' d like the specific problem you
22 have so we can make it of record.
23 RESIDENT (MRS . FLORENCE POOL) : On the grove property .
24 CITY ATTORNEY (MR. LANGLEY) : Is it all on 12th Street?
25 RESIDENT (MRS . FLORENCE POOL) : On all the property regarding
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1 homes and residences .
2 CITY ATTORNEY (MR. LANGLEY) : OKay .
3 RESIDENT (MR. JACOB LUCAS ) : At some future time , I ' d like to
a sit down with the council in reference to the shore property and
5 that of Bell Ceramics . I went over the master with the gentlem.:n,
6 he explained a few things , but I 'd still like to have a further
411111, 7 explanation of it .
8 CITY ATTORNEY (MR. LANGLEY) : OKay .
9 RESIDENT (MR. C. A. MOBLEY) : I don 't have any complaints , I 'm
to one of the lucky ones , but I would like to know what we are goin;,
11 to do with the old septic tanks? By the way , I 'm in the septic
12 tank business , I thought you might want to know that .
13 CITY ATTORNEY (MR. LANGLEY) : Do we have any answer for that one
14 The answer to that has not been determined.
`ger
15 RESIDENT (MR. JAMES CLICK) : I 'm James Click , now Dick I don't
16 have the information concerning our church property , but I 'm
17 sure that we would like to speak to the council concerning their
18 system later on.
19 CITY ATTORNEY (MR. LANGLEY) : We would like a specific complaint
20 about it so we could consider it . Do you think it is too much ,
21 is a matter of the assessment or the amount or what?
2z RESIDENT (MR. JAMES CLICK) : I believe the amount of the assess-
23 ment , I understand the property stretches between two streets ,
24 one street isn't used by the property and they were wondering
25 if being charged for frontage on Hook Street would be sufficient
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1 for the lots that they bought in a block for building on.
2 CITY ATTORNEY (MR. LANGLEY) You registered your complaint , now
3 it can be studied, thank you. Mr. Allbright , do you want to com
4 up?
s RESIDENT (MR. ED ALLBRIGHT) : My name is Ed Allbright and I live
6 in Clermont and I had ten questions and you have done a beautiful
'fir 7 job of handling this thing, you have answered them all but one.
8 You said gravity flow , that ' s from my house out to the edge of
9 my lot?
10 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
11 RESIDENT (MR. ED ALLBRIGHT) : What do you do then, pressure it?
12 CITY ATTORNEY (MR. LANGLEY) : Well, the system is built around
13 primarily gravity flow , this area is force pumped which will pic
14 it up at a specific low location and pump it up to a higher
w
15 location where it will be returned to gravity flow .
16 RESIDENT (MR. ED ALLBRIGHT) : I ' d like to add a personal comment
17 I think this is the greatest thing that ever happened to Clermoni
18 and I have a feeling we are going to have a beautiful Clermont
19 even though it is two or three years away .
20 CITY ATTORNEY (MR. LANGLEY) : Thank you Ed.
21 RESIDENT (MRS . RUTH DORMER) : I 'm Mrs . Ruth Dormer, and after
22 listening to some of the questions , I believe I have a matter
23 that my husband would like to take up with the council . He is
24 unable to attend this evening. Now, we own lots 12 , 13, 14 , 15
25 and 16 in Block 31. Now , we have 50 feet on Magnolia, that is
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1 the unpaved portion of Magnolia and we are assessed on that . Now ,
2 it is not large enough to put a house on , so I think he would
3 like to discuss it with the council and would like , no doubt , an
4 adjustment made in the assessment .
5 CITY ATTORNEY (MR. LANGLEY) : Thank you ma' am.
6 RESIDENT (MRS . EUNICE DARITY) : I 'm Eunice Darity , I would like
'ur, 7 to be heard at another date .
8 CITY ATTORNEY (MR. LANGLEY) : We need a specific complaint to
9 take it under advisement . The object of this is to hear what
to your specific complaint is so we can put jt on the record and
11 study it .
12 RESIDENT (MRS . EUNICE DARITY) : Well, I bought the property and
13 it never has been straight like it ought to be and I ' d like to
14 get that because my name is on the property , but there has been
lbw
15 so many that seem to be the owners or want to be the owners and
16 I would like to know what I 'm doing before I ever go to explain
17 it to you just what I wanted to do and it is on Chestnut Street .
18 CITY ATTORNEY (MR. LANGLEY) : You need a lawyer more than you do
19 the council .
20 RESIDENT (MRS . EUNICE DARITY ) : I expect that I will have to get
21 one and if I do, I ' ll have to get it .
22 CITY ATTORNEY (MR. LANGLEY) : Thank you.
23 RESIDENT (MRS . ROSE BOYD) : My name is Rose Boyd and I have one
24 of the irregular shaped lots and I ' d like to set a hearing befor..
25 the council at a future date .
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1 CITY ATTORNEY (MR. LANGLEY) : Do you have your lot description
2 there?
3 RESIDENT (MRS . ROSE BOYD) : Yes , it is lot 10 , Palm Lanes and it
4 is a 50 foot lot and they have it assessed for 91 and a half feel
5 and that is just a little bit big for that size lot .
6 CITY ATTORNEY (MR. LANGLEY) : What is the back footage on it?
�IF 7 RESIDENT (MRS . ROSE BOYD) : I don't know, it is on a canal , it
8 is a curved thing, but I want to discuss it a little bit more
9 because at $8. 00 a foot on the footage on a $4 .00 assessment .
10 CITY ATTORNEY (MR. LANGLEY) : Thank you ma'am.
11 RESIDENT (MRS . CAROLYN PECK) : I 'm Carolyn Peck, representing
12 the owners of about 22 or 20 some odd lots on Shady Nook Drive
13 of Shady Nook Sub-division, both of these are out of town and
14 live out of town and there are several -- There are some other
15 plans they have in mind for some of the portions of these lots ,
16 they are not going to build houses on them and they are in such
17 a position they couldn't build a house on it if they wanted to
18 and I 'd like to discuss this with the committee sometime if I
19 could to find out what position we could take under those
20 circumstances .
21 CITY ATTORNEY (MR. LANGLEY) : That ' s all the lots out there?
22 RESIDENT (MRS . CAROLYN PECK) : I believe there is 22 of them,
23 I 'm not certain.
24 CITY ATTORNEY (MR. LANGLEY) : You will be notified , the meeting
25 will hear it and you will be notified of your specific request .
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1 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : I 'm James Montgomery , I
2 live on 550 East DeSoto Street and my question, I had two questions
3 I ' d like answered. One has already been kind of scratched, I
4 understand that the owner is responsible for getting to the sewe .
5 regardless of his outlet , is that right?
6 CITY ATTORNEY (MR. LANGLEY) : [Nodding head indicating affirmative ] .
'4111, 7 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : I was thinking that at
8 my house where I live is about 16 feet down below DeSoto Street ,
9 my outlet is about 16 feet down below DeSoto Street and my house
10 is about 62 feet long and I would have to go around, all the way
11 around the house and then come back up to the sewage to the
12 street .
13 CITY ATTORNEY (MR. LANGLEY) : You can't come up to the sewage .
14 Now , you missed the third question already, see . There is
15 probably a pick-up behind you, Is there not Floyd?
16 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : My understanding is my
17 sewage comes on DeSoto Street , is that right?
18 CITY ATTORNEY (MR. LANGLEY) : Not necessarily , your assessment
19 could be on DeSoto Street , the sewage line could be behind you.
20 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : That 's my next question,
21 now I ' ll be around 300 feet from Montrose Street , which it would
22 be down hill.
23 CITY ATTORNEY (MR. LANGLEY) : It might come down the middle of
24 that block, I don 't know. Where do you live on Montrose?
25 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : I live on DeSoto Street ,
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but Montrose is the next street down below me .
2 CITY ATTORNEY (MR. LANGLEY) : What block is that?
3 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : It is not a block , it is
4 not numbered.
5 CITY ATTORNEY (MR. LANGLEY) : What is the next street?
6 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : Pinecrest Sub-division.
�IF 7 CITY ATTORNEY (MR. LANGLEY) : What is the next side street?
8 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : Disston.
9 CITY ATTORNEY (MR. LANGLEY) : What is on the other side?
10 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : Scott Street .
11 CITY ATTORNEY (MR. LANGLEY) : Between Disston and Scott .
12 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : That was the second
13 question . Now, here is the main question, there is a $11 . 00
14 assessment , now is the owner responsible or the tenent , who is
15 responsible for that?
16 CITY ATTORNEY (MR. LANGLEY) : It is your property and you are
17 responsible for it.
18 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : I mean for the assessments
19 for monthly payments .
20 CITY ATTORNEY (MR. LANGLEY) : It depends on how it is metered.
21 It is the same, it would be just like your water bill . If you
22 pay the water bill for your apartment , you would pay the sewage
23 bill. If it is metered through each tenent , then they would be
24 responsible for the sewage.
25 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : Thank you.
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CITY MANAGER (MR. JOHNSON) : Is your property facing Montrose
2 or DeSoto, are you talking about how you are going to service
3 that property on Montrose?
4 RESIDENT (MR. JAMES MONTGOMERY, SR. ) : I 'm trying to declare on
s DeSoto.
6 ENGINEER (MR. WESTBROOK) : Is your house on DeSoto?
410 7 RESIDENT (MR. JAMES MONTGOMERY , SR. ) : I 'm almost two stories on
8 the back, I 'm on a hillside .
9 CITY MANAGER (MR. JOHNSON) : Have you got a split level house
to sir?
11 CITY ATTORNEY (MR. LANGLEY) : Would you step over there and they
12 can take care of you. [Mr. Montgomery walks over to talk to
13 engineers ] . Anyone else? Mr. Booher?
14 RESIDENT (MR. A.T. BOOHER) : I think if you are going to check
15 into some groves , I 'd like to have mine checked and something
16 done about it, because I have about half the property on Anderson
17 in grove now, a half or two-thirds of it . I 'd like to later
18 talk to you about it like somebody else wanted to talk awhile
19 ago and have you take it up for consideration please .
20 CITY ATTORNEY (MR. LANGLEY) : Yes sir, what is that particular
21 description, do you have it?
22 RESIDENT (MR. A.T. BOOHER) : I have lots --- Let ' s see, on that
23 particular description, I have Lot 1, Block 3 , Sunnyside Unit;
u Lot 2, Block 3; Lot 3 , Block 3; Lot 4, Block 3; Lot 5, Block
25 3 ---
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1 CITY ATTORNEY (MR. LANGLEY) : That ' s OKay , it is all continuous .
2 RESIDENT (MR. A. T. BOOHER) : It is all that A. G . has in the
3 upper section of Anderson and Bowman Street .
4 CITY ATTORNEY (MR. LANGLEY) : OKay , thank you.
s RESIDENT (MRS. WILLIE MAE RHODES) ; I 'm Willie Mae Rhodes and
6 the lot that I am assessed for, I don 't see that it will ever
441100 7 be fit to me because it is so narrow, it is not wide enough to
8 build on.
9 CITY ATTORNEY (MR. LANGLEY) : Do you know that lot number?
10 RESIDENT (MRS. WILLIE MAE RHODES) : Yes , I do.
11 CITY ATTORNEY (MR. LANGLEY) : What is that?
12 RESIDENT (MRS . WILLIE MAE RHODES) : It is S --- I have it right
13 here. [Mrs . Rhodes handing document to Mr. Langley ] .
14 CITY ATTORNEY (MR. LANGLEY) : Mr. Cassidy , that is the west 33
15 feet of the southwest corner of Lot 6 , Block N. , that is Willie
16 Mae Rhodes .
17 RESIDENT (MR. GEORGE KARST) : Gentlemen, I 'm not as learned as
18 most of you men are , but in reality I think what your proposed
19 situation is , I think it As wonderful , I think we need a sewage
20 disposal system. I 'm willing to pay my part , but I don 't think
21 at the money rate we have today we should expend this for a
22 sewage disposal plant , let ' s put it to the hospital and down-
23 town where we need it , and then you are talking about it costs
24 us eight per cent of our money . You don 't say that , but who is
25 going to pay for the streets and everything. Now , you gentlemen
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1 say you are more learned than I am . but this is going to cost us
2 so in reality it ' s going to cost us better than that when it is
3 all over. If you will , it seems to me as a landowner and a tax
4 payer in this city , that you gentlemen should realize what it is
s costing each of us as an individual and think about this . This
6 is fine for the advancement of the city , but who wants to grow
141110 7 any bigger than we are . Now, if any of you gentlemen on the
8 council go otherwise , I want you to pay the bills , I don 't want
9 to as a tax payer, I don 't want to pay the bills for things that
10 I know is not realistic and I go on record as opposing the plan
11 that your fellows have which has been thrown out three or four
12 times and go ahead and put the sewage disposal plant in and bill
13 us for that , we ' ll pay for that . Take care of the hospital and
14 the downtown area, but then when you get out here in the other
w
15 areas , let ' s do that as a pro rata basis as we need to do this ,
16 not burden us with something that we are not realistic for. Now
17 you gentlemen I know, have the power to do what ever you want to
18 do, but when you do this remember that we as voters have the
19 right to come back and say , well, we want a new administration .
20 Now, I mean this from the bottom of my heart , thank you all .
21 CITY ATTORNEY (MR. LANGLEY) : Mr. Karst , the interest on the
22 delayed payments will be six per cent primarily and if you are
23 talking about loan money , if these bonds are sold at a high rate
24 of interest , which they may well be comparatively now, but later
25 the interest should go down. One thing we know, construction
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1 costs are not going down. If interest rates should go down, we
2 have the privilege to pay them off and refinance them at a lower
3 per centage , so we have nothing to gain by delay .
4 RESIDENT (MR. GEORGE KARST) : We have nothing to gain by delay?
s CITY ATTORNEY (MR. LANGLEY) : No sir, I don't think so.
6 RESIDENT (MR. GEORGE KARST) : Then in reality , we as the tax
16 7 payers have no recourse for what you gentlemen want to do, is
8 that correct?
9 CITY ATTORNEY (MR. LANGLEY) . Recourse? Yes sir, at the polls .
10 RESIDENT (MR. GEORGE KARST) : Well yes, but what you are imposin3.
11 on us today , we have no recourse, because you can do this legall ,
12 is this correct?
13 CITY ATTORNEY (MR. LANGLEY) : What do you call recourse? I 'm
460 14 not here to argue with you, if you have a specific question, I ' l
is be glad to answer it.
16 RESIDENT (MR. GEORGE KARST) : Well, that was my question.
17 CITY ATTORNEY (MR. LANGLEY) : Well , your State Legislature,
18 including the senator and representative, who I 'm sure you voted
19 for, give the municipality the power to do this , to your governiig
20 body . You also voted for your officials on the governing body ,
21 whether you voted for these particular ones or not , I don't know
22 but you voted for someone and the majority chose these particula
23 ones and they chose from 1966 to go on through with this plan,
24 so your recourse you are looking for will be coming up the secon4
25 Tuesday in December, 1969 .
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1 RESIDENT (MR. GEORGE KARST) : Well Mr. City Attorney , this is
2 fine, your words sound real fine, but us tax payers have no
3 recourse against what you gentlemen are going to do, to tax us
4 until you are out of office, the whole bunch of you see, and I
s mean that .
6 CITY ATTORNEY (MR. LANGLEY) : OKay sir.
110 7 RESIDENT (MR. GEORGE KARST) : How much taxes , what is it going to
8 cost you?
9 CITY ATTORNEY (MR. LANGLEY) : I think it is a matter of record,
10 I think it is about $300 .00 , 300 bucks .
11 RESIDENT (MR. GEORGE KARST) : Where do you live at?
12 CITY ATTORNEY (MR. LANGLEY) . I live on Lake Shore and North
13 Minneola, you know where I live at?
460 14 RESIDENT (MR. GEORGE KARST) : You don't live in the City of
15 Minneola?
16 CITY ATTORNEY (MR. LANGLEY) : No sir.
17 RESIDENT (MR. GEORGE KARST) : But you are the City Attorney , is
18 that correct?
19 CITY ATTORNEY (MR. LANGLEY) : In Minneola, no sir.
20 RESIDENT (MR. GEORGE KARST) : I mean in Clermont .
21 CITY ATTORNEY (MR. LANGLEY) : Yes sir, I do business here.
22 RESIDENT (MR. GEORGE KARST) : You are the City Attorney?
23 CITY ATTORNEY (MR. LANGLEY) : Yes sir.
2a RESIDENT (MR. GEORGE KARST) : So you are the City Attorney, but
25 you do not reside in the city , but you are the City Attorney?
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1 CITY ATTORNEY (MR. LANGLEY) : No sir, but I do business here , I
2 am licensed to practice here and I am going to pay part of the
3 sewer assessment too.
4 RESIDENT (MR. GEORGE KARST) : Thank you. I hope you folks under-
5 stood that .
6 RESIDENT (MR. FRED L. WOLFE) : I 'm Fred Wolfe , I wrote a letter
*Or 7 to the council and whether that should be read now or if it has
8 been made a part of the record in recognigition of it , what is
9 the procedure?
to CITY MANAGER (MR. JOHNSON) : There are letters , which we have a
11 number of them which have not been read tonight . I assume that
12 this meeting will be adjourned before too long to take into
13 consideration those letters and you will have an opportunity to
14 appear at the next meeting to discuss and decide on this .
15 RESIDENT (MR. FRED L. WOLFE) : I will be notified then?
16 CITY ATTORNEY (MR. LANGLEY) : Yes sir, this will be recessed to
17 a later date and you have made a complaint of record, OKay?
18 RESIDENT (MR. FRED L. WOLFE) : There is one question I would lik:•
19 to ask. First I 'd like to make this statement , I feel sewage
20 here is beneficial , very definitely , but may I request what
21 legislature was it that gave the council permission, the $1200 . 0"
22 legislature or the $12 ,000 .00 a year legislature . That wasn't
23 cleared up when it came up awhile ago .
24 CITY ATTORNEY (MR. LANGLEY) : I 'm sure it was the cheaper one,
25 I 'm sure it is about seven years old.
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1 RESIDENT (MR. SAM BUTLER) : Sam Butler, Mr. Langley and I ' d like
2 to ask you a question, primarily in the financing of this bonding
3 issue , in the event this city gets bogged down in putting in
4 this sewage and a lot of the people who are tying up to this
5 sewage system, fails to get this sewer to their house, will they
6 be responsible for the assessment?
7 CITY ATTORNEY (MR. LANGLEY) : You are not assessed until the
8 sewer system is in operation.
9 RESIDENT (MR. SAM BUTLER) : That ' s the question I wanted to ask,
10 thank you.
11 CITY ATTORNEY (MR. LANGLEY) : Yes sir. Charlie?
12 RESIDENT (MR. CHARLES J . BUROUT) : My name is C. J . Burout , my
13 lots are 313 west and 3111 west , West Palm Lane . Now, what I
14 want to know is how deep is this sewer line going to be below
gar
1s the septic tanks?
16 CITY ATTORNEY (MR. LANGLEY) : At that point , I don't know sir,
17 that will be part of the final plans and you will find that out
18 later.
19 RESIDENT (MR. CHARLES J . BUROUT) : Then again, can I ask you
20 another question. I want to know , is this orange pipe you are
21 going to use or tile pipe or cast iron from out to the sewer
22 lines?
23 CITY ATTORNEY (MR. LANGLEY) : That question has been answered.
24 RESIDENT (MR. CHARLES J . BUROUT) : No it wasn't , I was here all
25 the way through .
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1 CITY ATTORNEY (MR. LANGLEY) : That question was that it will hav:
2 to be according to the county and city code .
3 RESIDENT (MR. CHARLES J . BUROUT) : Well, we want to know that .
4 CITY ATTORNEY (MR. LANGLEY) : Well , I 'm not a plumber and I 'm
5 not the city inspector.
6 RESIDENT (MR. CHARLES J . BUROUT) : The engineers are supposed to
1111d 7 answer that then, they are supposed to know , I own a property
8 here and I want to know what the laws are and what the codes are
9 ENGINEER (MR. GROG) . I 'm not sure what the city calls for at
10 the moment , but clay , or cast iron would be desirable .
11 RESIDENT (MR. CHARLES J . BUROUT) : Because in some towns they
12 permit you to use orange pipe and then others require tile pipe
13 and some places like a big city , New York, they wanted cast iron
14 and it has got to be certain size, anywheres from five inch to
15 six inches , and so on.
16 ENGINEER (MR. GROG) : Here it will be four inch .
17 RESIDENT (MR. CHARLES J . BUROUT) : How big is this sewer line
18 going to be, the diameter of the pipe and everything, how big is it?
19 ENGINEER (MR. GROG) : It will be a minimum of eight inches .
20 RESIDENT (MR. CHARLES J . BUROUT) : A pipe of eight inches?
21 ENGINEER (MR. GROG) : A minimum.
22 RESIDENT (MR. CHARLES J . BUROUT) : No. No , it has got to be
23 twelve at least , at least twelve inches , that ' s the smallest .
24 Twenty-four inches it is supposed to be for a city the size of
25 Clermont . Eight inches , why that ' s for a sewer line under the
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1 street . What are you going to do when a house is on a hill and
2 down there it is low, are you going to have a pumping station
3 and pump it up , the sewer lines on the top of the street are
4 going to complete with the waste that is coming from the hill.
5 ENGINEER (MR. GROO) : All these question that you have asked
6 have to be considered, they will consider them and they will be
*r 7 on the final plans which will be in the city hall in about a
8 month for you to ---
9 RESIDENT (MR. CHARLES J . BUROUT) : I asked the engineer that was
10 working on those plans and he couldn 't seem to answer them, and
11 he could not answer mc . Now, I want to know this , because I 'm
12 a tax payer, I settled here, let ' s face this , let 's do this thin!.
13 right or don't touch it . I 'd like to put this to a vote to
14 everybody , vote for what the people wants . You know me Mr.
`r
15 Langley , I think you met me at the church, that ' s what you get
16 from a Baptist . The question I 'm bringing up , from the sewer
17 line to the house now , my septic tanks are up there , but if that
18 sewer line is small I might as well --- I 'm here to tell you the
19 rest of it , it has to be at least eight feet deep or ten feet
20 deep there in order to have the proper drainage . There is only
21 two of us in the house and on whole Palm Lane, two or three
22 blocks , there is only about twelve people there altogether, so
23 if we destroy our streets and everything, that is a shame and a
24 crime to spoil the beautiful trees , there are palms along there
25 that we think so much about and plant them, I 'd like to beautify
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the city , not destroy it and if I can 't do that , let ' s quit . I
2 can afford to pay , that ' s not the question, it is a question of
3 what they want to do and how to do it , the proper way . The line
4 has got to be at least twelve inches . Gentlemen, your engineers
s had better change its course, twelve inch pipe, not eight or six
6 CITY ATTORNEY (MR. LANGLEY) : Thank you Mr. Burout , we appreciate
7 your views . See you in church on Sunday .
8 RESIDENT (MRS . SALLIE BENSON) : I 'm Sallie Benson, representing
9 Sadie Tillis from Jacksonville, who is unable to attend the meet ng
10 tonight . I don 't have all the necessary information tonight ,
11 but it pertains to a small grove on Highway 50 , west of Second,
12 between Second ---
13 CITY MANAGER (MR. JOHNSON) : It is right across from Second
14 Street .
15 CITY ATTORNEY (MR. LANGLEY) : Step over here and they will show
16 you what you are talking about . [Mrs . Benson walks to table to
17 talk to engineers ] .
18 RESIDENT (MR. ABRAHAM LOGAN) : Abraham Logan, when that line is
19 in, how long before we get to paying for it?
20 CITY ATTORNEY (MR. LANGLEY) : Your first payment will not be
21 due until 30 days after the line is completed and service is
22 made available to you. You then have ten years at six per cent
23 interest to pay it off.
24 RESIDENT (MR. ABRAHAM LOGAN) : What will the amount run?
25 CITY ATTORNEY (MR. LANGLEY) . Well , if
you want to pay it by the
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1 month it would have to be in the water bill , it would be about
2 five or six dollars a month.
3 RESIDENT (MR. ABRAHAM LOGAN) : And then your water bill will be
4 added to that?
s CITY ATTORNEY (MR. LANGLEY) : If you wanted to pay it by the
6 month, we would rather be paid by the year in equal installments
7 RESIDENT (MR. ABRAHAM LOGAN) : Well, what have we been paying,
s is this dollar, isn't that a good deal of it already , what are
9 we paying on this?
10 CITY ATTORNEY (MR. LANGLEY) : That was an increased water charge
11 We would have had to increase the water charge anyway when this
12 system was completed. We saw this in advance and went on and
13 increased it beforehand so we could accumulate some money to pay
14 for the problem. That is a water charge, not an assessment .
15 RESIDENT (MR. ABRAHAM LOGAN) : Well, I 'd rather be straight about
16 it , I 'm not for it, but the majority of you all don't have to
17 go along with it because I 'm just not able to pay , I just had a
18 cesspool put in. What am I going to do, just tear it up? I can
19 keep my property clean.
20 CITY ATTORNEY (MR. LANGLEY) : It will be about two years before
21 you have to pay that .
22 RESIDENT (MR. ABRAHAM LOGAN) : I 'm still not for it .
23 CITY ATTORNEY (MR. LANGLEY) : Tillis, lots 1, 2 and 3 , in Block
24 27, that is for the Tillis property .
25 RESIDENT (MR. WILLIAM BOYD) : In conversations since I was here,
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1 you have to put the description of the property you want to
2 discuss and the name and the plat tonight, so I have a couple
3 more that I didn 't mention awhile ago . One is Block 9 , Sunnyside
4 Unit and one is the Epsom Estate and one is lots 1 and 2 and 20
5 Montclair Sub-division, particularly lot 1 doesn 't have any street
6 front at all except a 35 foot private drive and has been assesses
7 for a 100 feet sewer line . I Just want to see how they are goi_n;
8 to arrive at it . Lot 2 has 50 feet on a private drive , which
9 has 35 feet of street front . I don 't know what they have got it
10 assessed because they couldn't get on the books today to find ou4 ,
11 but I would like to discuss that with the council.
12 CITY ATTORNEY (MR. LANGLEY) : Thank you sir.
13 RESIDENT (MR. EUGENE NOWELL) : Mr. Langley , I 'm Eugene Nowell
14 from Lakeview Heights . I 'm not here to discuss my property, I
11111r
15 feel it is fairly assessed as far as the assessment for the
16 sewage line goes , but I feel like a couple of men that have come
17 up and said something about the referendum of the vote to pass
18 this and I feel like, personally , that if a thing like this is
19 going to affect so many people , it certainly should be voted on
zo and that the feeling of the people should carry the weight and
21 the decision. That 's the thought that I had. Do you want to
22 comment on that?
23 CITY ATTORNEY (MR. LANGLEY) : No sir.
24 RESIDENT ( MR. DON McCAFFREY) : I 'm Don McCaffrey and I 'm here on
25 two parcels , one on behalf of Lucille McCaffrey , a piece of
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1 property that is planted to citrus north of 50 and west of Secon.
2 Street and I 'd like to go with the engineers at a later date and
3 discuss the installation, the method of installation in there ,
4 alright? And then on the east half of section 30 , 22 , 26 and
5 the parcels that are in this piece, the method of installation
6 out there . There are no questions on the method of evaluation.
'tar 7 CITY ATTORNEY (MR. LANGLEY) : OKay sir, you will be contacted
8 as to where the outlets will be before they are put in there .
9 You can consult on the site with the engineers and the building
to inspector and everybody that is involved.
11 RESIDENT (MR. DON McCAFFREY) : OKay , now what about parcels that
12 are not at the present time in the plans , what is the future of
13 these things?
14 CITY ATTORNEY (MR. LANGLEY) : When they are included in the plan
15 they will be assessed , as I understand it . There arc some remote
16 areas of the city that will not be served, there are some that
17 are not even feasible to serve at all and whenever it is feasible
18 to serve them, then they will be included and assessed the same
19 as is done now.
20 RESIDENT (MR. DON McCAFFREY) : I think that takes care of that
21 for now.
22 RESIDENT (MR. GEORGE KARST) : May I ask one question? You said --
23 CITY ATTORNEY (MR. LANGLEY) : There is a speaker' s stand over
24 here Mr. Karst , that is what it is for, if you will come forward
25 RESIDENT (MR. GEORGE KARST) : I ' d be glad to. I 'm George Karst ,
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1 I live here in this city and I 'm paying my city taxes . It seems
2 to me that your engineers over here, none of them come up with a
3 feasible answer of some of the questions that were asked here .
4 About these lift stations , they don 't know , how deep are they
s going to have to go in our lawns to hook in, what is it going to
6 cost us to hook into your system , what is it going to cost to
I, 7 repair the streets . I don't think any of you gentlemen have give
8 us an answer on any of these questions yet and this is fine , what
9 you gentlemen are doing, but this thing of what it is costing
10 each of us who live in this town, retired people and so forth .
11 we don 't need what you gentlemen are proposing. Let 's put a
12 sewage disposal system in, let 's build it , then pro-rate the
13 system out and let each of us pay a portion of it and then as we
14 need to expand out into the other areas , put a finger line out .
*or
is Your engineers come down and they run the rates and they do all
16 this , they are good book-work boys with a slide rule , but ask
17 them if they ever paid any bills and I mean this from the bottom
18 of my heart , because you boys are taxing us out of the City of
19 Clermont , is what you are doing.
20 CITY ATTORNEY (MR. LANGLEY) : In regard to the street repair and
21 the construction bid, the primary bid will include street repair ,
22 That is , if they cross a street , they will have to repair it by
23 specification and making it as level as possible and as good
24 construction. We also have an alternate in the bid for the
25 resurfacing of the streets that are affected. We hope, that is ---
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1 RESIDENT (MR. GEORGE KARST) : We hope , yeah I ' ve heard that stor .
2 CITY ATTORNEY (MR. LANGLEY) : Mr. Karst , there is a stand up her:
3 and everyone else seems to abide by the rules here tonight and
4 I would appreciate it if you would.
5 RESIDENT (MR. GEORGE KARST) : I apologize.
6 CITY ATTORNEY (MR. LANGLEY) : Thank you sir, but we hope that
0111►' 7 the alternate will also be included in this sum that provides
8 for the repavement of those streets that are torn up in the
9 process . If not , the city will then embark on a long range plan
10 of repaving where necessary to get the streets back in good
11 condition.
12 UNIDENTIFIED SPEAKER: Will that mean another assessment?
13 CITY ATTORNEY (MR. LANGLEY) : That 's not another assessment , no
14 ma' am.
15 RESIDENT (MR. DON McCAFFREY) : Don McCaffrey again, there seems
16 to have been some question before that I didn't hear the answer
17 to and that was what was the estimated cost for a connection .
18 what was that answer?
19 CITY ATTORNEY (MR. LANGLEY) : There is no connection fee . Your
20 cost will be depending on your individual outlet , what ever it
21 costs you to get from there to the stub which will be brought to
your property line.
23 RESIDENT (MR. DON McCAFFREY) : Very good. Now , this is on
24 existing installations . I have an estimate on this of 400 to
25 450 dollars per unit of average clay pipe so I ' ll pass this on
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to whoever is interested in this , this will of course be in
2 addition to people' s initial assessment and this would have to
3 be paid directly in cash. This is a figure that I have obtained
4 from one plumber, only one . The next question, you 've got sewer•
5 running either on one side or down the center of the street , you
6 initial program will cover tearing up the streets and putting
%kW 7 them back in order, including connections on both sides . OKay ,
8 your plumber comes along then, supposing a new house is built ,
9 who is going to pay for tearing across the street or into the
10 center of it , as the case may be.
11 CITY ATTORNEY (MR. LANGLEY) : The city will provide the stub to
12 the property owner's line.
13 RESIDENT (MR. DON McCAFFREY) : Thank you.
14 CITY ATTORNEY (MR. LANGLEY) : These stubs will all be put in, thy
*41110
15 main service lines put in with the streets torn up . Now , like
16 on the end of the street , there will be a "Y" that goes out
17 through the street and connects to the property lines even thoug.
18 there are no houses there at this time , so the only tearing up
19 will be on your own property when you do build a house there and
20 come to the property line with your sewage , that is with the
21 exception of the areas that are not going to be serviced at all.
22 RESIDENT (MR. DON McCAFFREY) : OKay , one thing more that I would
23 have to say in all fairness , I have to concur in the opinion of
24 some of the parties here that have indicated perhaps we don 't
25 need a sewer system throughout this town at this time and
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especially with the cost of putting improvements in today and
2 the cost of the money to cover these things . There are at least
3 two sewer plants already in the City of Clermont that seem to be
4 functioning quite well .
5 CITY ATTORNEY (MR. LANGLEY ) : Which two is that?
6 RESIDENT (MR. DON McCAFFREY) : OKay , you got one at the Public
14110 7 Center and I understand that there is one at the school . I have ' 't
8 seen that , but I understand that there is one there , is that
9 correct? Are there any more? [Whereupon, an unidentified speaker
10 named an additional facility] . There is one in Lincoln Park too?
11 OKay , that 's three and one in Lake Highlands , that ' s four and
12 I would presume that one could be put up and some of the other
13 heavy traffic installations used if this was a problem, but
14 barring this as a possibility , we might use Mr. Mobley 's truck
15 or something.
16 RESIDENT (MR. CARL NYLIN) : My name is Carl Nylin, do I understaid
17 that the sewer will be placed in the street itself?
18 CITY ATTORNEY (MR. LANGLEY) : In some instances it will go besid
19 the street , in some instances it will be in the center of the
20 street , and in others it will be on the back lot line.
21 RESIDENT (MR. CARL NYLIN) : I understand that the surveyors made
a chart of all the trees and bushes and everything that was
23 between the sidewalk and the street line . Well , that made me
24 wonder whether the lawn would be dug up or not .
25 CITY ATTORNEY (MR. LANGLEY) : In some cases , it will have to be ,
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yes sir. They will be repaired and replaced.
2 RESIDENT (MR. CARL NYLIN) : It will be repaired by the city?
3 CITY ATTORNEY (MR. LANGLEY) : Yes sir. Are there any other
4 questions from anyone?
5 RESIDENT (MR. GEORGE KARST) : One more time sir.
6 CITY ATTORNEY (MR. LANGLEY) : If it is not repetitious , if it
7 legitimate.
8 RESIDENT (MR. GEORGE KARST) : As a tax payer, I think I 'm allowe. .
9 As a reality Mr. Speaker, do you not think that the folks in thi-
10 town who are paying the bills to run this town , don 't you think
11 that we should have the right to say if we are going to do this
12 or not do it . Although I realize that you gentlemen are more
13 learned than all of us , can do this regardless, but don 't you
14 think the people should have a voice in this?
fir'
15 CITY ATTORNEY (MR. LANGLEY) : Are you asking me what I think?
16 RESIDENT (MR. GEORGE KARST) : Yes .
17 CITY ATTORNEY (MR. LANGLEY) : I don't think what I think is
18 material George, it 's an act of your legislature and your city
19 government and I don't think it is up to me now that it is past
20 tense to question it nor you either.
21 RESIDENT (MR. GEORGE KARST) : May I ask the Mayor of this City
22 this question, he 's the Mayor of the City . Don, what do you
23 think? The taxpaers of this city , we the people pay the bills ,
24 don 't you think we should have a little voice in this?
25 MAYOR (MR. SMITH) : Mr. Karst , my personal opinion, not as mayor,
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but as a citizen and a tax payer myself, I believe that that the
2 sewage system is a necessity for Clermont if it is going to grow
3 and I also think that you elected these officials and they have
4 been elected to do what they think is best for the City of Clermont .
If you don 't think they were the proper men to elect you shouldn t
6 have voted for them. I am personally in favor of the sewage
7 system a hundred per cent, I think we will all in the long run
8 benefit from it and I think that as far as putting a sewage
9 system down in the center of town and one or two locations , it
to is not practical at all, the entire city will be taxed for it
11 and maintain a sewage system for part of the city . If we are
12 going to do the thing, it should be done right .
13 RESIDENT (MR. GEORGE KARST) : Thank you Mr. Mayor.
14 CITY ATTORNEY (MR. LANGLEY) : Mr. Boone?
1111✓
15 RESIDENT (MR. DAN BOONE) : I for one would just like to con-
16 gratulate this council for the marvelous job they have done in
17 putting Clermont on the map by putting sewage in. It would never
18 amount to anything if we didn 't have sewage and I think it is
19 the greatest thing that ever happened to Clermont .
20 CITY ATTORNEY (MR. LANGLEY ) : That man paid a big assessment .
21 RESIDENT (MR. JOHN SCHOPMEYER) : Somebody asked me whether they
22 was going to build a dump down by Dot Lake with a big old water
23 tank.
24 MAYOR (MR. SMITH) : There is not going to be a dump down there .
25 CITY ATTORNEY (MR. LANGLEY) : No , no dump .
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1 RESIDENT (MR. JOHN SCHOPMEYER) : In case you do , I ' ll put it
2 right in front of you, I ' ll throw the city dump right in front
3 of you, right across the front of the library , city library.
4 CITY ATTORNEY (MR. LANGLEY) : Is Mr. Harry Connell here . He had
s a letter here he wanted read by council. I ' ll be glad to have h m
6 read it if he 's here . Let the record show that he was called
‘1111r' 7 and that his letter was brought up . Is there anyone else to be
8 heard. If not , you have been very orderly and we appreciate it
9 and all these matters will be taken up by council. Just a
to minute --- Mr. Smith has just advised me that the mayor has the
11 right to call any special meetings , that after the regular counc 1
12 meeting next Tuesday , which will be August the 26th at 7 : 30 in
13 the City Council Room, all those requests which were filed
14 tonight and all letters that were written in with regard to any
15 of these problems or comments on the method or matters of assess
16 ments or financing, will be considered and you will have the
17 opportunity at that time to discuss further with council . We
18 do want this interval time to consider them so we can talk with
19 our assessors and engineers about them and come up with a logical
zo decision at that time . If there are no other questions , again
21 I thank you for your politeness and we will stand recessed until
zz next Tuesday .
23 WHEREUPON, the Meeting adjourned at 9 : 40 P .M. on
24 August the 19th , 1969 .
25
ALAN H. HAMLIN & ASSOCIATES
OFFICIAL COURT REPORTERS, FIFTH JUDICIAL CIRCUIT
TAVARES, FLORIDA
C-E-R-T-I-F-I--C-A-T-E
STATE OF FLORIDA ]
COUNTY OF LAKE ]
I , Douglas L. Cassidy , Deputy Official Court
4 Reporter, do hereby certify that I did report stenographically
the testimony of the Public Meeting held before the City Council
of the City of Clermont on the 19th day of August , 1969 , and the
above and foregoing pages are a true and correct transcript of
said testimony and proceedings .
IN WITNESS WHEREOF, I set my hand this 25th day of
August , A.D. , 1969.
/(,/ e3t-d-dx--e4
Dep•f y Official Court Rep•rter
rifth Judicial Circui