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Home My WebLink About02-12-1980 Supporting DocumentsCITY OF CLBRMONT MINUTES REGULAR MEETING A regular meuLIng of the City Counc:il of the City of C1.ernunt was held in the Council. Chnmbern on Tuenday, February 1.2, 1,980. 'fha meeting, wnn called to order at 7:30 p.m. by Mayor Claude Smoak, Jr., with L•hc following mmnbera purscnL: Councilmen Cole, Mcgi.n.ley, Byrd and 'Thomas. Other Officials prcaent were: City Manager Forbes, City ALLorney Baird, Finance Director Saunders. The 'Invocation was offered by Councilman Byrd, followed by repenting of the Pledge of Alleg- iance in unison by those present. The Minutes of Lila Regular Meeting held January 22, 1.980 were approved as written. MARSHLAND AND EFFLUENT DISTRIBUTION Mayor Smoak discussed the 60 day Operating Variance that the City received for the Waste 'treatment Plait at the February 1.1, 1980 Pollution Control Board Meeting. Ile discussed the research work pertaining to the Marsh Study, the needs of the City, and the cost to the taxpayers. VARIANCE REQUEST: SUMEREX ENGINEERING CORPORATION The City Council, acting as a Board of Adjustment, considered a request by the Sum- erex Engineering Corporation for a lot width Variance to construct two duplexes on Lots 18, 19, 23, the North 40' of Lots 10, 11, and the South 110' of W 20' of Lot 11, Block 4, Sunset Heights Subdivision. Mr. Dennis Morton, Attorney, was present to represent the Sumerex Corporation and appeared before the City Council in support of this request. Mr. Horton explained the request and stated that due to the unusual configuration of the property, the Variance was required. Mr. Irwin Crews, Mrs. Rudd, and Mr. and Mrs. Test expressed their concern regarding the future use of these duplexes and their impact on the neighborhood. 80-18 VARIANCE REQUEST: HILLSIDE TERRACE CONDOMINIUMS The City Council, acting as the Board of Adjustment, considered a request by the Hillside Condominiums for a Side Yard Variance to the Zoning Ordinance in order to construct five carports. City Manager Forbes advised that a variance of 3.6' was necessary, and that the carports would not interfere with traffic. 80-19 Motion was made by Councilman Byrd seconded by Councilman Cole and unanimously carried that this Variance be granted. VARIANCE REQUEST: MR. AND PUBS. LLOYD H. BOLIEK The City Council, acting as the Board of Adjustment considered a request by the Boliek's for a variance in order to construct a fence 6' in height in the front yard of their property at 444 West Montrose Street. Mr. Boliek stated that this variance was needed'since he had a dog that could jump a fence of only four feet in height. He stated, that due to the topography of his property, the fence would not obstruct any view and that the fence and dog were needed for security reasons. Mayor Smoak stated that the City Council has denied many similar requests, and Councilman McGinley discussed the City Code of Ordinances which makes this variance unacceptable. 0 CITY OF CLEMONT MINUTES 80-20 tlotisit wait made lV Cnun,:htmnn Thnnuur, seconded by Councilman MeginleX and unnnimounly larrlnd Lhrtl[�Lltla rcruont lio <IanlTud CITY C11110( City Manager Forbes ruconmunded that Sandra Roznr be appointed to the position of City Clark. She La highly recommended by previous employers and has Lite experience necessary for this position. BO-21 Motion was made by Councilman Byrd seconded by Councilman Cole and unanimously carried that Sandra Roznr be n pointed to the position of: City Clerk. WASTE TREATMENT PLANT City Manager Forbes reported that Lite City Engineer has recommended that we submit Lill appllcat,Lon to the State DC•.R to dike a small portion of our existing polishing ponds. This dike ].it needed to increase the retention time of Lite treated effluent and improve our waste treatment. Mayor Smoak requested that Sill Dailey also be advised on this matter. 80-22 Motion was made by Councilman Byrd, seconded by Councilman Cole and unanimously carried that the City submit the required application for the dike to DER, and that the City Engineer be authorized to act as the City's official agent on this matter. JGNKINS AIIDTTORTMI CIIAIRS City Manager Forbes reported that he had received a letter from the South Lake Players requesting that the City consider purchasing chairs available from "Once Upon a Stage" Theatre in Orlando. He stated that he was concerned because these were stack type chairs which would be much more difficult to store than folding chairs. Councilman Meginley pointed out that there was presently only 250 chairs in the Auditorium and that more were needed. There was a discussion by the Council on the need for the chairs and the City budget. Councilman Byrd moved that the City Manager thank the South Lake Players for their 80-23 concern, and the City Council not consider the purchase of additional chairs until the preparation of next years budget. This motion was seconded by Councilman Cole and carried unanimously. RAILROAD PROPERTY City Manager Forbes reported on the condition of the old Railroad Depot on West Ave. 80-29 as he discussed in the February 1, 1980 Weekly Memo. He stated that a new building could probably be built cheaper than the cost of moving this depot, and that if the Council Members had no objections, he would inform the Seaboard Coastline Railroad that the City was not interested in this building. No Councilman voiced any objec- tions. AMENDING ZONING ORDINANCE AND TRANSITION ZONES City Manager Forbes advised that the Planning and Zoning Commission had prepared amendment's to the Zoning Ordinance and Transition Zones. Letters would be sent out to abutting property owners informing them of the March 4th Public Hearing on this matter before the Planning and Zoning Commission, and April 8th Public Hearing before the City Council. 2 - CITY OP CWURAIONT MINUTES PI111CIIASI; OV COOI.IiY 1'HOPIiIfI'Y POIt QI I'Y WI City ALLornuy lial.rd reported nn the proponed purchnno of Late 5, 7, 9, .11, .1.3, and tho W 11 Of 3 from Mrn. Coo:loy for n City WO1.1.. Thu purchnna price for. thane LoLn would be $30,000 laid Lilo ❑nlu would incl.udo that portion of Magoolin Street that wait prevlounly vacated by the CI.Ly. Ile pointed Out that Lhe ULy Engineer believed L•hot thin wan Lila bunt property nvnl.l.able for it well nL thin Lime. Ile aluo stnLed that Lhe purchase Of thin property wou.lii be contingent on the C1ty receiving VITA Financing and LhaC the City would be renpunniblc for moving the fencc on this property. 80-25 Motion wan made by Counc;llnua Iiyrd, nccondod by Cole and unanimously carried that the City purchnne thin property bnscd on the two conditlona. WASTEWATER PLANT Mayor Smoak reported that he would mcut w.lth of.ficialn of. the Department of Environ- mcnLal Regulation in Tallahannua on February lbth and 15th. Councilman Thonms re- ported that he had sLrong rcncrvations o❑ the Marshland Dispona:l Method. Mayor Smoak reported that we should provide a fnir hearing on the merits of this method. There will. be a meeting on this Mnrshland Disposal Concept that all interested persons can attend before the Lake County POlution Control Board on April 14th. EPA CONSTRUCTION GRANT AUDIT The City has received a letter from the Environmental Protection Agency (EPA) re- questing payment of $2,882 they believe that we owe them for the construction of the 'treatment Plait. When the Waste Treatment Plant was constructed, the percula--------- tion ponds did not operate properly, and for this reason the City obtained $50,000 from the Engineer, Michael Stiggens, Inc. for future expenses that the City must incur as a result of this work. However, the EPA Auditors have maintained that the monies recovered must be treated in the sane manner as liquidated damages, and that the City owes them their share. This will also insure the City's eligibility for future Grant Projects. 80-26 Motion was moved by Councilman Byrd seconded by Cole and unanimously carried that the City reluctantly reimburse EPA $2,882. 80-27 Councilman Meginley introduced AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT LAKE COUNTY FLORIDA: AMENDING SECTION 25-10 OF ARTICLE I CHAPTER 25 WATERWORKS AND SEWERS OF THE CODE OF ORDINANCES: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. PROVID- ING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE DATE: AND PROVIDING FOR PUBLICATION. The Ordinance was read by Deputy City Clerk Meyer. This Ordinance is to enforce the City Lawn Sprinkling moratorium that was implemented last fall when the demand for water was exceeding supply. 80-28 r.....,...t i.,..,.. n..,-A t..r,-�A„rnd AN ORDINANCE FOR THE CONTROL OF BACKFLOW AND CROSS CONNECTIONS; Chapter 17-22 of the Florida Ordinances requires the City to establish a routine Cross -connection Control Program to prevent the backflow of any non potable water into the City's water distribution system. City Manager Forbes explained the purpose of this Ordinance, and the backflow preven- tion policy that is a preventive program to assist the City in identifying potential backflow prevention problems. The City will be sending two employees to a special school on backflow in order to effectively implement this program. Mayor Smoak requested that. the City Manager insure that the City personnel had com- pleted their backflow training and that the City's own house (backflow problems) were in order, before this Ordinance be considered for final adoption. There was much discussion on the type of backflow problems. n CITY OF CUNIONT MINUTES ORDINANCE NO. 126-M - ANNY.XATTON OL RLCIIARU Its ti47ANN —PRU-I'MY. 80-29 0 Thit; property L❑ located just Hoeth of. Lila i,nkevlaw III Lln,Subdlvinian, There wait it great deal of dirtaunnion an the purpono of the raqueot. The pon"1bill.ty of MuLL•I.p.le Yatttily Duvelopmoot on the property, Will abutting properties a].ran (Iy zoned Mnit :Lpio Family wera (I inc unne(I. There wan also much discussion regarding the owner." etntements that he would rezone much of Lila abutting property from Multiple Family to Single Family uses. ANNEXATION Councilman Meglnley stated that he believed the abutting properties south of the above proposed Annexation be made aware of this request for a Voluntary Annexation. They might also be interested in being annexed into the City Limits. After much discussion on the possl- biliLy of Annexation, the Council directed City Manager Forbes to further research the city's options on this matter. IMPROVEMENT PEES AND FLOOD CONTROL Mayor Smoak requested that the City Manger investigate the possibility of the City charging sewer and water improvement fees onnew.cons.truc tion to insure that the City's growth pays its own way. He also re- quested the City Manager investigate the City's Flood Control reg- ulations to insure that the fluctuating lake levels do not threaten housing. MARSH STUDY Mayor Smoak requested that Councilman Thomas delineate for the record why he is opposed to the Marshland concept. Councilman Thomas stated that he believed that Dr. 7.oltec's judgement of the project as having a 95% chance of working successfully were not good enough. He stated that clean water is not replaceable, and that he would further inform the Council in writing of his ob- jections. There being no further business to be brought before the Council at this time, the meeting was adjourned by Mayor Smoak at 9:30 p.m. CLAUDE E. SMOAK, JR. - MAYOR II lllneA rrA Poor', IN, sA, ""."I llrlrlrnil,rr Off _. Receipt for Deposit - Offer to Purchase ai Uontraat for Sale Data RL'CEIPT is hereby ucknawl(:dllecf by 110VIS AND IIAIRD 'rkulr ACCDUN'r" ithalrarf as i�cxkAaV)axktaaixR0A1fxA)mk*uXhitraRattomgarRnrltlt�cRY,x 1 Wl'"lf;rlte Plaza Drlvc, Clurmonl, f 1nKidrt 27 fMur,nl ( )cash ch (%) ork in the sum of of 11Vf; IjUNDItI U AND ttu lO()-- horolnclller called Buyer, tram CITY OF CLERMONT as in earnest money deposit and eb a put of Isle purcha•;o pat.: un nrr,011nt of oiler to purchaao the property of hefrinaftar Called Seller, MIt3, I'll, G. C00111•.Y I,nlu, , rail Stain of Florida, to wit' ••obit property Willi! sjlnaldrl in Ilia County of Lot,, f3, 1.1, 9, 7, 5, and Lh(, Woul. 1/2 of Lol :), 14fack 110, C1Ly of Clermont, and that part of MnNnolla Stt•CUL lydnf; North lit' nnld lnu.- upon ilia terms and conditions as follows: the total purchase price thing $ _30,000,00- . .. - and shall bu paid as follows: The deferred payments shall be p,lyahin as follows: Cash Deposit (above) $ 500,00 . Cash on Closing $__29,500.00- Exisling Mortgage or Liens assumed $.-- 07--- - Warred Payments $___ ._770-.. _.... Total .... $. _ 30.000.00.. 1, Abstract —Title Insurance —The Seller is to furnish, at his cost, abstract of till,, Ceti led In dale, or title Insurance binder (with cost of tine Insurance policy belnx paid for by Seller), showing good and merchantable title, at option of the Seiler, to the Buyer m Ills designated Attorney, within - after this dale. - 2, Examination of Title --Time to Cure Delecls—The Buyer or the attorney shall have...l0.-days within which to examine' the said abstract of Va or the title insurance binder and to signify his willingness to accept sonle, whereupon this transaction shall be cmicluded within. ..._.. --days. In ilia event examination of abstract of title proves the title to be wlmerchanlabl, or uninsurable, Ole Seller shall have. �0 days wimin whirl, to ear, the designated dialects in the title that render same unnlerchantable or wllmsu and, in niti opinion of the Buyer. ur lus sold ,homey, and the Seller hereby agrees to use reasonable diligence in curing said defects, and, upon the defects being cpreJ_.,"�,; and notice of that fact being Coven to the Buyer or his said attorney, this transaction shall be closed withinl4.. _. days of delivery of said notice.. lJpon Seller's failure or Inability to correct the umneichantabilily of the title within the Cm,o limit or a reasonable lime, al the onion . the Buyer, the Seller shall deliver the title in its existing condition, otherwise the Agent, art Seller, holding the herein menbonod earnest money deposit shall return sanoe to the Buyer upon demand therefor end ell rights and Ilabilties on ilia part of ilia Buyer arising hereunder shall terminate. Provided, however, that in the event of a disagreement between•lhe Scllor and the Buyer or Ills said attorney, as to the marketnhility of the title, the Seder may offer ilia hinder of a reputable and solvent title insuranc, company, ,q;reemg to insure lne marketability of said title, which shall be conclusive that said title Is merchantable. Upon mtuin of said deposit under suds cundilions, the Seller shall pay th, Agent the fee •specified hereunder or at ilia orylion of the Agent, all agreed sum not exceeding the regular fee, to cover expenses incurred. 3. 2nning—Reslricllons—It is understood and Agreed above mentioned properly is being sold subject to the zoning ordinances,. wslriclwns and limitations of record and public utility easements of record, d Idly, which do not interfere with use of said property err .. 4. __. Cone eye _ tic . eS . a - lint ogres ... o convey title _.- by - Wfrran.Cy___deed to Buyer, t lice and clear of all hens and encumbrances, including all charges assessed or to be ossssed-tor public it 1provmnents commenced prior to closing, except as herein otherwise provided, and said deed shall be prepared without expense to the Buyer. 5. Documentary Slamps—The Buyer shall properly execute the required notes and mortgages, it any, and shell pay for the documentary stamps on the purchase money note and for recording the deed, Seller shall pay for the documentary stamps an the Cecil. and fur the intangible tax and recording the purchase money mortgage, it any. 6. Closing Costs —if this transaction shall be closed through an abstract office, bank, law office, or any other agency than ilia office of the Agent, and where a clusulg or escrow charge is made, such expense shall be borne by the _ . it -. rty ar 7, Proration of Taxes, etc. —All adjustments of taxes, Insurance prendunis, int,rests, rents or other items on said property are to be "lad, on a pro rote basis as of the specified time or date of closing. (II taxes and other items ore not to he prorated, specify. agre,nlent as to such items.).. - - - _ -- .---_. _ _ -_.Possess sion will be given BUYer on._ Cl,pyinl;__._.... .._..-.. _.._�---. 8. Survey —II ale Buyer desires n survey of the property, he cony have the property surveyed at his expense prior to closing date. II the su'vey shows any encroachments on the land herein described or that the Improvements located on the land herein de• sclibed encroach on otll,r lands, written notice to that effect shall be given Ilia Seller and Seller shall have the some time to remove - such encroachments as Is allowed under this contract for the curing of defects of title. If lhe•Seller shall fail to remove or cute sold - encroachments within said period of time, than the deposit this day paid shall, at the option of the Buyer be icturned to Boyar aped demand, all rights and liabilities arising hereunder shall terminate, or Buyer may, at his option, close this transaction in the same manner as fl no such defect had been found. .._ihu-Wrctwso-prior,-nueSeller-may-o{ter-ion>nvey-eor6-WOP�+y'rw'rrs-prexm vv a ,. -..___ .._ -cooled costs;o be incurred il-bu,h-otkv-is-oceeptod-and agreed to, in writing, by the Buyer; of,, Seller may declare this null and void and all mm�ias doposlled wilLbe-reNrrlded.-Ir,-{!w-evenEthe-Buyef reluses 10 accept said property in items preset well the-nurchasu price-rafua•at-by-ilia-estimated-eosin-le-be-irreurred-then the &gef_oWf-se-netify-lhe-Broker-and-S,Iler -._-ustmwtaa.socu-o+�,o.w......-•-.-..�. - - � ervices-dendefe-whZ=;;Z; arwiea-twva-S an -dealt -said -sales -had -bean camp 10. Loss or Damage —The risk of loss or damage to premises by fire or otherwise, until delivery of deed, is assumed by the Seller. Ilie Seller further agrees to deliver the property in the same condition as it is when this contract Is executed, RIGHT BY THE FLORIDA ASSOCIATION OF REALTORS 12, Doflnithims--The words "Buyer" "Gullnr", and "Agent" herein employer,) shall he canatruad to Include ilia plural as weer ern 111a flIntoilar, and this conhaat shall be binding upon that( hnbs, adndnisbalurs, axorulors, succ(mium and assigns, and the maw n;bna ►boll Include Ilia f lhibllna and neuter, wllurn ilia conlaxt so admits or ronpdres, 13, Making Tlme of Essonco and Nnllca—rinbr cony be made ilia nxsenco tit this contract by notice In writing, stipulating a n,aaunabla tlma for further performance. Any nntico nviceisary undur Ilia agreenunil cony be %alit by mad to ilia lost known address ,d ill,) party In tin notified, 14, Bpeclal Claunr, I. City agroon to move oglatlrlg chnLit link fence from the center —line of Nrtgl«l.Lla Street to the North ifnu of the utreet tit no expcnne to Seller. Y. Contract ilubJuct to City obtoinLng interim financing in conjoneLiun with FTIIIA financing for wntorwurkn linprovrmentn. 7. Cloning with In ten (10) (Illy:; after Ctty'h receipt of .interlm financing. THIS INSTRUMENT shell become effective as a contract when signed by Agent, Buyer, and Seller. If not executed by all parties "l, or before. nny monnys deposited shall be refunded and ilia proposed transaction shall terminate, Ry.......__ .__ . _ broker or Agent. By.._ I, or we, agree to purchase the above described property on the terms and conditions stated in the foregoing instrument. l'!1(110RGUa: �� /O Buyer___`�"'��`�.,,, n --21AYI)Li (Seal) I, or we, agree to sell the above mentioned property to ilia above named Buyer or his nominee on the terms and conditions stated in the above Instrument and by the signature a perched on tile ____.___ -day of__.. _ 19__—_.. signify our acceptance and approval f the proposed sale. f.. i Willi s:_.. Seller -(Seal) _f_�144:Lj. �.,�SJ—ILf...r__C t.. _ 1, or we, agree to pay- .. _ - _ .... _._— __-- --- Realtor, as a lee for professional services rendered in finding a ready, able and willing Buyer for the above described property the sum of _Dollars ($__.___..____ _ _) or one-half the deposit, in case the same is forfeited by the Buyer, provided the amount shall nut exceed the full amount of the fee, Boller ACKNOWLEDGMENT State of. --- SS. County ol____----- I HEREBY CERTIFY, That this day in the next ;ilia,. named State and County, before me, an officer duly authorized and acting personally appeared_._....________._..._.___._.._..._.—.__._. to me well known and known to me to be the Individual _described In and who executed the foregoing instrument and ac knowledged then and there before me lhM__. _.. __.__..._-____ —_ ---executed said Instrument WITNESS my hand and official seal lhis.—____day of— , A. D. 19_, at_ - Notary Public My commission expires on the — day of —, A. D. 19__ i Mums to: Clermont C1ty Conn(J.1. From: Oaorge I1. Forbon - City Manager .1 JUct: ISackfl.ow and Crone ConnceLiona Data: February 8, 1980 Chapter 17-22 of Lhe Florida Statutes requires Lila City to establish it routine tCOan-CO❑nl'L'tiaa control program for the purpose of tin imminent detecting and preventing crops-conncet'Lon o that create or subntnntial danger to Lhe public health. Cross connections are any arrangement of piping between the City potable water supply, and any non -potable water or fluids of ques- tionable safety, thru which it backflow into the City water system may occur. Cross connections can occur whenever the potable water supply system is connected to ❑ non -potable supply that operates at a higher pressure. Backsiphonage results from reduced pressure in the piping that is often caused by the reduced pressure on the suction side of booster pumps, or line breaks. According to the Environmental Protection Agency, 26% of the outbreaks 4; 1977 were due to cross -connections of waterborne disease between 1971 and and back-syphonage. Attached is a paper titled "What are Cross Connections", from tine American Water Works Association. This paper gives many examples of the types of cross connections that can occur. The Department- of Environmental Regulation has advised the City that we must begin a Cross Connection Control Program. The attached Ordin- ance No. 204 and "Backflow Prevention Program" policy would implement a City Cross Connection Program. The Ordinance prohibits cross connections and establishes criteria for the required installation and maintenance of backflow prevention devices. The Backflow Prevention Program policy is a Preventive Maintenanceback- Maintenance Program to assist the City in identifying potential flow prevention problems. Respectfully, L _iyt��i fJ ! 11�1/n� George D. Forbes, City Planager i i i ORDINANCR NO. 204 AN ORDINANCE FOR THE CONTROL OF SACKFLOW AND CAM CONNECTIONS{ REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERAUILIT'Y{ AND PROVIDING FOR AN EFFECTIVE DATE, Till' CITY COUNCIL OF THE CITY OF CLERMONT, I.AKI: COUNTY, FhORIDA, Ill'u Y ORDAINS THAT ARTICLE 1. PURPOSE, The purpose of thin ordinance in to protect the City of Clarmont'n public potable water supply syntom from contamination (ilia to the backflow a[ eontnminants through water service connections. ARTICLE II. DEFINITIONS. (1) Approved: Accepted by the Utility Director an maating an applicable specification cited in this Ordinance, or as determined by the Director an suitable for the proposed use. (2) Baokflow: The flow of water or other liquids, mixtures, or substances into the City's potable water supply system from sources other than the City water system. Back-siphonage is one type of backflow. (3) Cross Connection. Any physical connection or arrangement of piping or fixtures between two otherwise separate systems, one of which contains potable water and the other, non -potable water or fluids of questionable safety, through which backflow, may occur. (4) !Hazard: Any liquid in the water system other than the City's potable water supply is considered a health or pollution hazard. (5) Water Service Connection: The terminal end of a service connection from the public potable water system (i.e. where the City loses jurisdiction and sanitary control over the water at its point of delivery to the consumers water system). If a meter is installed at the end of the service connection, then the service con- nection shall mean the downstream end of the meter. There shall be no unprotected takeoffs from the service line ahead of -any meter or backflow prevention device. ARTICLE III. GENERAL PROVISIONS. SECTION 1. Cross Connections Prohibited. It shall be unlawful for any person to connect or cause to be connected to the City water supply system by any means whatsoever, other pipes containing water or any deleterious substance other than the water supply of the City. The owner of the property where any such cross connection is made shall be held responsible for the violation of this section. SECTION 2. Notificn etion. 11+a Utility Director shall be rasponnible for conducting n backflow prevention program to nafoguord the public potable water supply ayatan from contamination. Whenever the Utility Director dotorminan that fill approved backflow pruvention device is required to onfoguard the public wntnr nyntem, hu fihall give notice in writing to said customer to install fin approved backflow prevention device to the nervice connections on Ilia praminen. The cuatomor nhall install nil approved device or devices after receiving notice to do no in writing. Ilafunsl or innbl.lity on the part of the customer to install nnid devices filial.]. conatituto grounda for dis- continuing water service to the premiscu until nuch davicen are I.notalled. SECTION 3. Installation and Plaintennnce. No water service connection to any premisea shall be installed or maintained by the City of Clermont unless the water supply is protected nil required by State laws and this Code. Service of water to tiny premises shall be discontinued by the City of Clermont if a backflow prevention device required by thin Code in not installed, tested and maintained, or if it is found that a backflow preventive device has been removed or by-passed, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected. SECTION 4. Inspection. The customer system should be open for inspection at all reasonable times to authorized representatives of the Water Department to determine whether cross con- nections or other structural or sanitary hazards, including violations of these regulations, exist. When such a condition becomes known, the City shall give the owner notice pursuant to Section 2 of this Article, and immediately discontinue the use of the backflow prevention source. ARTICLE III. BACKFLOW PREVENTION REQUIREMENTS. SECTION 5. Required. An approved backflow prevention device shall be installed on each service line to a customer's water system at or near the property line or immediately inside the building being served, but in all cases, before the first branch line leading off the service line wherever the following conditions exist: a. In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the Utility Director, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. tr b. In the cono of promiuon on which any f.nduntrial fluids or MY other objectionable substance in handled in such a hellion an to create nil actual or potential hazard to the public water system, the public system shall be protected against bnckflow from the prcminon by installing a backflow prevention device in the service linu. 'Thin shrill include the hnndling of process waters and waters 1' originating from the utility nyotem which have been subject to deterioration in quality- C. In the cane of premises having (1) :Internal crone connection that I cannot be permanently corrected and controlled, or (2) intricate plumbing and piping arrangements or where entry to till portions of the premises is not readily accensib.le for inspection purposes, malting it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line. SECTION 6. ape of Protective Devices Required. The type of protective device required shall depend on the degree of hazard which ` exists as follows: a. In the case of any premises where there is an auxiliary water supply the public water system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device. b. In the case of any premises where there is water or substance that would be objectionable or hazardous to health, if introduced into the public water system, the public system shall be protected by an approved air -gap or double check valve assembly. C. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public system shall be protected by an approved air -gap separation or an approved reduced pressure principle backflow prevention device. Examples of premises where these conditions will exist include sewage treatment plants, sewage pumping stations, chemical manufacturing plants, hospitals, i mortuaries, and plating works. . {�4 i mSy� -—�Illlsllee®IIIIIIIIIII®II®r d. In the enue of any promises where there are "uncontrolled" croon connoctionu, either actual or potential, the public water system shall be protected by an approved nir-gnp separation or an approved reduced pressure principle bnckflow prevention device at the service connection. e. In the case of any promises where, because of security requirements or other prohibitions or restrictions it in impossible or impractical to make a complete in -plant cross connection survey, the public water system shall be protected ❑gainst backflow from the premises by installing a backflow prevention device in the service line. In thin case, maximum protection will be required; that is, an approved air- gnp sepnration or an approved reduced pressure principle backflow prevention device shall be installed in each service to the premises. f. The Utility Director shall have the authority to determine the type of backflow prevention device when not listed above, and if in his judgement, another device should be used. SECTION 7. Approved Backflow Prevention Models. Any backflow prevention required herein shall be of a model approved by the Utility Director and the State of Florida Department of Environmental Regulation. The term "Approved Backflow Preventer" shall mean a device that has been manufactured in full conformance with standards established by the American Water Works Association. SECTION 8. Testin . It shall be the duty of the customer -user at any premises where backflow prevention ' devices are installed to have thorough inspections and operational tests made at least once a year, or more often in those instances where inspections indicate a need. These inspections and tests shall be at the expense of the water user, be performed by the device manufacturer's representative, or by a person approved by the Director of Utilities as a competent device tester. These devices shall be repaired, over- hauled or replaced at the expense of the customer -user whenever they are found to be defective. SECTION 9. Existing Devices. All presently installed backflow prevention devices which do not meet the requirements of this section but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall, except for the inspection and maintenance requirements under Section 8, be excluded from the requirements of these rules so long as the Utility Director is assured that they will satisfactorily protect the utility system. Whenever the existing device is moved from the present location or requires more than minimum maintenance or when the utility Director finds that the maintenance of the device constitute" a hazard to health, the unit ahnil be replaced by a backflow prevention device meeting the regoiromenta of this section- 02CTION 10, All ordinance" or Porto of thin Ordinance In conflict herewith are hereby rspeuled. SEC1.'ION ll. _ Should any section or part of thin auction be declared invalid by any Court of competent Jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inneparabla in meaning and affect from the section to which such holding shall apply. SECTION 12. Thin Ordinance shall be published as provided by law and it shall become law and shell take effect upon adoption. First Reading this day of , 1980. Second Reading this day of , 1980. PASSED AND ORDAINED BY THE CITY COUNCIL OF 171E CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS DAY OP 1980. CITY OF CLERMONT By: CLAUDE E. SMOAK, JR., - Mayor ATTEST: DOLORES W. CARROLL - City Clerk APPROVED by me this day of 1980 CLAUDE E. SMOAK, JR., - Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. was published on the day of , 1980, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being days prior to the Second Reading and Final Adoption of the Ordinance. DOLORES W. CARROLL - City Clerk CITY OF CLKKMONT, FLORIDA IIACKPLOW PRPVENTION UMUr, AM 1. PURPOSE. The purpose of this policy 1s to eatablinh a hnckflow prevention program to protect the City water nnpply nyntom from any ponnibla contamination. 1I. POTHNTIAL HAZARDS. Tito City of Clermont has approximntoly 276 commercial cuotomorn on the City water syntem. Ninety-twu of thane eustowers are potential users of chemical or bio-chemical nubstancoa which could create n hazard to the City water supply. Thu City sower system contains a Sewage Treatment Plant and lift stations supplied by City water. An unknown number of residential cuntomern have lawn and garden irrigation Systems. III. ISACKFLOW PREVENTION PROGRAM. The following program for the prevention of the pollution of the City water supply by the above potential hazards will be conducted by the Utility Director. A. City Facilities - The City will install, as soon as possible, approved backflow prevention devices on the water service lines to all City -owned lift stations and the Waste - - 'treatment Plant. - - - -- B. New Connections or Occupancies. All requests for service submitted to the Utility Department, or Certificates of: Occupancy (C/o), will be reviewed for potential cross connections by the Director of Utilities or his designated representative. Applicable requirements for back - flow prevention (See Ordinance No. 204) will be complied with prior to service con- nection or the issuance of a C/O. C. Commercial Users. 1. Potential polluters: The' Utility Director shall prepare an instructional letter to the 92 commercial users who are potential polluters. This letter will briefly explain the problem and inform them that an inspection will be made by the Water Department to determine potential hazards. A record of each inspection shall be kept. If a hazard exists the Water Department will inform the owner by letter (see Ordinance No. ) that he must have a plumber install an approved backflow device, and call for an inspection once installed. The owner shall also be informed i that failure to comply will result in a discontinuance of water service. i 2. Grove Owners: All grove owners with chemical truck fill pipes supplied by City water shall install approved backflow prevention devices. :.f 3. Other Cuutomarnt An informntionnl notice will be routinely publiahod in tl:e newspaper at leant twice nyear, on the potential hazards of irrigation syotam149 and the need for backflow prevention deviean. This notice will request thnt euntomarn call for an inspection if they have tin irrigation nyntum or ally ponsible crone can- nectionn. p. Irrigation Systumn: All now inntnllatlOnn with irrigation nyntemn or other potential hazards ubal.l be required to inntnIl backflow prevention devices, per Ordinance No. 204. S. Records: Records will be kept by the Utility Director on all devices installed. i George D. Forbes, City Manager City of Clermont, Florida CITY OF CLKIUIONT, FLORIDA BACKFLOW PRI•NENTION PROCRAM L, PInII(I E. 'rho purpose of thin policy is to establish a backfiew prevention program to protect the City water supply system from any possible contamination. I'L. POTENTIAL HAZARDS. The City of Clermont has approximately 276 commercial customers on the City water system. NineLy-two of these customers are potential users of chemical or bio-chemical substmtices which could create a hazard to the City water supply. The City sewer system contains a Sewage Treatment Plant and lift stations supplied by City water. An unknown number of residential customers have lawn and garden irrigation systems. III. UACKFLOW PREVENTION PROGRAM. The following program for the prevention of the pollution of the City water supply by the above potential hazards will be conducted by the Utility Director. A. City Facilities. The City will install, as soon as possible, approved backflow prevention devices on the water service lines to all City -owned lift stations and the Waste Treatment Plant. B. New Connections or Occupancies. All requests for service submitted to the Utility Department, or Certificates of Occupancy (C/0), will be reviewed for potential cross connections by the Director of Utilities or his designated representative. Applicable requirements for back - flow prevention (See Ordinance No. 204) will be complied with prior to service con- nection or the issuance of a C/O. C. Commercial Users. 1. Potential polluters: The Utility Director shall prepare an instructional letter to the 92 commercial users who are potential polluters. This letter will briefly explain the problem and inform them that an inspection will be made by the Water Department to determine potential hazards. A record of each inspection shall be kept. If a hazard exists the Water Department will inform the owner by letter (see Ordinance No. ) that he must have a plumber install an approved backflow device, and call for an inspection once installed. The owner shall also be informed that failure to comply will result in a discontinuance of water service. 2. Grove Owners: All grove owners with chemical truck fill pipes supplied by City water shall install approved backflow prevention devices. J. Other Caotomorn: An 1.nformavionnl, notice will be routinely publinhod In the newspaper, AL lonnt twlcn a year, on cite potential hnznrcin of Irrigation nynLonts, and tite need for bnckflow prevention dovicen. Thin notice will regnont that cuntomers call, for. tin :Lnopoction if they hnve. an irr.igntion nynteut or any ponnible cronn con- nuettonn. 4. Irrigation SyrtLenut: All new innLalIntionn w:Lth irrigation syntmnn or other potential lutzardn shall. be required to instal.l bacicf.low prevention devices, per Ordinance No. 204. J. Records: llacordn will be kopt by the Utility Director on all devices installed. George D. Forbes, City Manager City of Clermont, Florida "'WHAT ARE CROSS CONNECTIONS" a paper to be presented at the Cross Connection Seminar, held at the Annual Conference of the A.W.W.A. on June B, 1975, Minneapolis, Minnesota. By: Gustave J. Angele, Sr., P. E. Cross Connection Consultant. For too many years Cross Connections have been cussed and discussed by water purveyors and public health officials, without their arriving at any generally satisfactory conclusions as to how prevelant they are. Let us stop and consider just what we are taking about. A cross connection has been defined in many texts, however, I like the following "Any physical arrangement whereby a public water supply is or may be connected directly or indirectly with a nonpotable water supply or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain, contaminated water, liquid, gases, sewerage or other - - waste of unknown or unsafe quality, which may be capable of .imparting contamination to the public water supply as the results of backflow, bypass arrangements, jumper connections, removable sections, swivel or change over devices, and other temporary, permanent or potential connections through which or because of which backflow or backsiphonage could or would occur." I realize that this is rather long winded, however, a good definition should cover just about all of the possible explanation that is necessary to define a phrase such as "CROSS CONNECTION". The subject of cross connections has been hidden too long by the authorities that don't want to worry the public or cause ill feelings among their industrial consumers. However, with the Environmental Health Authority inspections of industrial operations and the j. requirements of the Section 1010.141; Subpart "J" of the OSHA rules and regulations entitled "General Environmental Controls" a specific statement 1 exists as follows: "There shall be no cross connections, open or potential, j between a system furnishing potable water and a system furnishing nonpotable 1 j water. Construction shall be such as to prevent backflow of contaminated water into a potable water system. Nonpotable water shall not be used for bathing or washing any portion of the person clothing, dishes or premises." With each new outbreak of a disease, traceable to a cross connection, water and health authorities have created action committees, made investigations, wrote papers, and articles on the subject, climbed upon their "Soapboxes" to make speeches, passed laws, and regulations outlawing cross connections and in general showed their good intentions. They have even gone so far as to initiate a cross connection control program. But they have seldom carried through. Of course, there is the usual reason assigned that we did not have enough money to hire personnel; we could not find any personnel that would be qualified to make cross - connection inspections. These are some of the answers that are given when they are asked about their ongoing cross connection program. It must be remembered that a cross connection is not a problem until after it occurs. Then everybody wants in on the act and makes the statement, "I told you so." But still no one does anything about the main problem, which is "ELIMINATE THE CROSS CONNECTIONS." Let's look at the record: Last year when the AWWA met in Boston, an incident occurred that focused on cross connections. Due to backflow, as everyone who attended the awards luncheon well remembers, the water in the glasses on the luncheon table were discolored. What had occurred was that due to a faulty valve in the air conditioning system the recirculating water backflowed into the potable water supply. Fortunately, no one was taken ill. However, it could have been a very serious incident and especially since it was during the AWWA annual meeting. 2 However, we never learn, Again on September 24, the same thing happened in New York City when 20 persons suffered nausea and dizziness after drinking water from the public supply that had been contaminated with chromates chemicals used in the air conditioning system to prevent corrosion in the system. The persons striken were employees of the Human Resources Administration. Of course, we never learn. Similar cases had occurred in other cities notable, Atlanta, Georgia in December 1970 and the investigating personnel stated that it was caused by an interconnection and not a cross connection. Just what the differences is between an interconnection and a cross connection, I have never been able to determine. Another case due to a cross connection between the air conditioning system and the public water system was reported in September, 1969 at St. Joseph's College in Philadelphia, Pennsylvania. In this case 40 freshmen were striken and 12 were hospitalized._ The usual indication that water is contaminated by anti rust chemicals containing chromates is that the water is yellow in color. I am sure that many of the members of the audience remember the classic case that occurred in Worchester, Massachusetts at Holy Cross College in 1969. What occurred was due to a faulty installation of a water sprinkling system around the football practice field. Surrounding the practice field were several boxes with faucets to which were connected hoses to water the field and promote the growth of grass. Connected to this system was a single faucet in an adjacent field house. This faucet was used as a supply for drinking water for the players during practice sessions. Adjacent to the field were several houses which had been condemed by the city and were in a most unsanitary condition. In one of the houses lived four children and one adult whom had infectious hepatitis. It was common practice for these children as well as the children of the neighborhood to play on the practice field when it was not in use by the football team. 3 These children used the irrigating boxes around the field to urinate in as well as defecate. In other words, they were using these boxes as toilets. Due to leaking faucets and water standing in the boxes a low pressure condition in the water supply system contaminated water in the boxes and was backsiphonaged into the water system. During the August practice session the players used the single faucet in the field house as a drinking water supply and as a result 73 varsity football players, seven coaches, four student managers, the trainer and the schools sports Information director were striken or at least tentatively or positive diagnosis of hepatitis was made. Some 700 others who might have been exposed to infection were given preventive inoculations. The remaining games for 0 the 1969-1970 season were cancelled. This was something of a disaster for Holy Cross. A classic example of a cross connection that is not too serious unless you happen to be a southern Baptist or Methodist, occurred in Cincinnati, Ohio, at a winery when Sparkling Burgundy backflowed due to backpressure into the public water system from the Mier's Wine Cellar Inc. at Deer Park, Ohio. Which is a suburb of Cincinnati. Just imagine turning on your faucet shortly before Christmas 'and finding that you could draw wine from your faucet. Two other incidents that I think deserve attention occurred as follows: In a Michigan hospital the nurses complained that rusty water was being issued from a drinking fountain near the autopsy room of the hospital. Now, an autopsy room is used to disect the body after death to determine the cause of death and in many ways resembles a slaughter house. The body is laid on a marble or stainless steel table with a deep sink at one end. A hose is used to wash off the body and to clean off the table. As parts of the body are disected and not required for further examination as well as the contents 4 of the bowels, bladder and stomach are emptied they flow into the deep sink. If no provisions are made to hare the wash hose on the side of the table, it generally finds its way into the sink. In the hospital mentioned, there was a severe backsiphonage problem which resulted in the backsiphonage of some of the contents of the sink into the drinking water system with the results that it was finding its way into the drinking fountain. The other incident that I think I should call to your attention involves gasoline being backsiphonaged into the water system. During the testing of a new gasoline tank and pipe line system in Renton, Washington, several years ago, a test pump was taking suction from a city water main thru a 2 inch line. The pump was being used to test the new system at approximately 140 pounds per square inch while the city water system was only operating at approximately 70 pounds per square inch. Thus, there was z difference of 70 psi. between the two systems. Due to a leaking valve on the test pump a mixture of gasoline and water was forced back into the public water system. This was discovered when a nearby home owner attempted to draw water from her sink faucet that was next to her gas stove with the results that a flash fire occurred and the home owner suffered burns on her arms, face, and had most.of her hair singed from her head. The water department was called and flushed the water main for approximately 10 minutes from a nearby fire hydrant before all of the gasoline was removed from the line. An employee of a nearby lumber yard called to advise that the tank of the water closet in one of the toilet facilities of the yard contained pure gasoline. I have discussed several incidents that I felt might interest you and have mentioned backflow due to backpressure and backsiphonage. I believe that both of these should be explained because both are the most prominent ways that 5 cross connections can occur. First Backpressure:' The case of the Winery and the Gasoline are good examples of cross connections by backpressure. Whenever the pressure in the consumers water system is at a pressure higher than the pressure in the public water system, backflow can occur. Water will always flow from a zone of higher pressure to a zone of tower pressure regardless of the size of the pipe or a difference in elevation. This is one of the first laws of hydraulics. Pumps, ,steam generators, hot water heaters, or any pressure producing device can cause backflow due to back pressure, Backsiphonage: This can occur when the pressure in the supply main is lower than.that in the consumers system due to heavy demands on the public system for fires, supplies of failure of the public system pumps. Backsiphonage can 91so be caused by a break in the pipe distribution system causing a loss in supply pressure. This was the cause of the contamination in the Holy Cross incident. Now lets look at what equipment is available to prevent the various type of backflow, backsiphonage from occurring: First, of course, is the Air Gap (Slide No. 1) which is the oldest method of preventing backflow and backsiphonage. It is defined by the ASME Standard 40.6 as the unobstructed vertical distance through free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device or container and the flood rim of the receptable. This unobstructed distance should never be less than twice the diameter of the supply pipe. Vacuum Breakers: This device is shown in Slide No. 2 so designed to prevent the creation or formation of a vacuum (Negative Pressure) by admitting air at atmospheric pressure to a system. Its primary use is to prevent backsiphonage. 6 r"�* A caution should be observed when using a vacuum breaker of this type and that is there should never be a valve placed on the discharge side of the device. Vacuum Breakers (Pressure Type) Slide No. 3 you will notice the difference between this and the atmospheric type in that the check is assisted by the spring so that a positive closure is effected. Double Check Valve Assemblies: (Slide No. h), this device consists of two approved check valves in series so designed that the valves permit flow in one direction only, and that they close automatically to retard the flow of fluid in the reverse direction. The Reduced Pressure Principle Backflow-Preventer; (Slide No. 5) includes two or more approved spring loaded check valves with an automatically operated pressure differential relief valve located between the two check valves. During normal flow and at the cessation of normal flow, the pressure in = the zone between the two main check valves, shall be a minimum of 2 psi less than the upstream or supply pressure. a. With no flow from the supply side when the pressure on the supply side drops to 2 psi, the pressure within the zone between the•two main check shall be atmospheric. When the pressure on the supply side drops below 2 psi, the relief shall open further and shall be fully open when the upstream (supply) pressure reaches atmospheric or goes below atmospheric. b. Under backflow conditions, when the upstream pressure is 2 psi or more, there relief valve shall discharge from the zone to atmosphere the quantities Indicated for the various sizes as given in the tables of the standards used, and the pressure in the zone shall be at least 1/2 psi below the supply pressure. c. The downstream or No. 2 check valve shall be internally loaded and shall at all times be drip tight in the normal direction of flow with an inlet 7 pressure at 1 psi and the outlet pressure under atmospheric pressure. d_ When the supply pressure is less than 2 psi, the pressure differential relief valve shall discharge water from the zone to atmosphere with the rate specified in the specifications used, and the pressure in the zone shall not exceed I� psi. All of the above devices are to be used as the requirement indicated by determining actually what the degree of hazard requires. The degree of hazard can be defined as either a light or high degree. Light hazard would be where a contaminate may cause discoloration, objectionable taste or odor, and would not cause illness or be a potential health hazard. Thus, the case of the backflow of wine cited earlier would be a light hazard. A high or health hazard would be defined as any contaminate of the water supply that would render the water unfit for human consumption or would cause illiness or even death. In other words, any of the incidents cited -- earlier would be a high or health hazard. Most states give a listing of hazards that would require the various types of backflow prevention devices required for the various types of industrial processes found in the average city. The author strongly recommends that a method of ;;contais.-cent be used where ever a high health hazard exists, as shown in Slide No. 6 and 7. By this method the water purveyor is protected from the possibility of gross contamination of the water supply system and the resulting possibility of law suits that might arise from the contamination of the water supply system. My files date back as far as the early 1900 and contains records of i incidents of many types that have occurred over the years. As late as February, 1975, there appeared in the AWWA Journal (JAW'WA 567(2)53-108)' an article entitled "Status of Waterbourne Diseases in the US and Canada" by the i 8 i 1 committee of Water Quality Division of the AWWA from which I quote as follows: "The 25 year date shows that the majority of hepatitis outbreaks in municipal systems occurred as a results of distribution systems contamination, primarily through cross connections and backs Iphonage." This cannot be overlooked by the water purveyors of the United States, and a cross connection educational program and a system of controls should be the prime concern of every water purveyor. Presently, the American Water Works Association Committee 8210-J is in the process of revising Standard C-506. Covering Reduced Pressure -Principle Backflow Preventers and Double Check Valves Assemblies. The American Society of Sanitary Engineers have written standards covering Vacuum Breakers, Double Check Valve Assemblies, and Reduced Pressure Principle Backflow Preventers. Also, the University of Southern California Cross Connection Research Foundation also have a standard on the double check valve and reduced pressure type of devices. AWWA manual M-14 contains "Recommended Practice for Backflow Prevention and Cross Connection Control," as well as AWIRA 2nd edition of"Cross Connection and Backflow Prevention" of the various articles that have \ appeared by the author in Willing Water. J The United States ENvironmental Protection Agency,Water Supply Division also publish a Cross Connection Manual (EPA-430-73-002) which is available from the Supertintendent of Documents Printing Office, Washington, D.C. 1 strongly recommend that any water purveyor obtain these publications and consider the possibility of conducting a cross connection seminar as sponsored by the American Water Works Association. One of the must frequently overlooked reasons for the failure of a good cross connection control program is the fact that when a seminar is conducted, is that local plumbing inspectors design organizations and any 9 one that is concerned with the installation of water supply systems within an industrial plant are omitted from being invited to attend a cross connection seminar, The need for EDUCATION of cross connection hazards is directly in the hands of the people who inspect plumbing and also the designers of industrial piping systems. It has been,a pleasure to talk to you today on this most vital subject and that has been the work that I am most interested in since my Introduction to the possibilities of Cross Connections since 1950. Memo to: ClermontCity Council From: George D. Forbes - City Mmin{jer Subject: Water Supply System Morateurlum Date: February 7, 1980 Enclosed is Ordinance No. 205 that given the City the power to place moratoriums on the water supply system when demand exceeds supply. This Ordinance is to back up the alternate day lawn watering system that we enforced last fall when the demand for water was exceeding supply. Respectfully, George D. Forbes - City Manager ORDINANCE NO, 2 AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-10 OF ARTICLE 1, CHAPTER 25, WATERWORKS AND SEWERS, OP TLIE CQDR OF ORDINANCES; REPEALING ALI, ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. Till? CITY COUNCIL. OF Till: CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THATi SECTION 1. Section 25-10 of Article I, Chapter 25, WATERWORKS AND SEWERS, of the Coda of Ordinances of the City of Clermont, Lake County, Fl.orids, in hereby amendud to road as follows: (a) The City Manager is authorized to place moratoriums on water used from the water supply system for lawn irrigation, based on pronoure and when demand exceeds supply. The Water Department shall have the right to turn-off water service SECTION 2. for any violation of such moratorium. All ordinances or parts of ordinances in conflict herewith ❑re hereby repealed. SECTION 3. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. This Ordinance shall be published as provided by law and it shall become law and shall take effect upon adoption. First Reading this day of , 1980. Second Reading this day of , 1980. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS DAY OF , 1980. CITY OF CLERMONT By: CLAUDE E. SMOAK, JR., - Mayor ATTEST: DOLORES W. CARROLL - City Clerk APPROVED by me this day of 1980. CERTIFICATE OF PUBLICATION. I HEREBY CERTIFY that a certified copy of tho foregoing Ordinance No. was published on the day of , 1900 in a newspaper of general circulation located within the City of Clermont, no required by Florida Stntutoo 166.041 (3) (a) said date of publication being days prior to the Second Reading and Final Adoption of the Ordinance. Memo to; Clermont CLty CouncH, From: George D. Forben - City Manager SubjccL; AnnexaLion of Richard It. Swann Property Data: February 11, ..980 Gncl.oncd is Ordinance No.126M regarding the annexation of the following property. "T ractu 8 and 9 and that part of: Tracts 7 Lind 10 lying West of highway No. 27, according to Lake highlands Plat of Section 32, Township 22 South, Range 26 Gast, all in Lake County, Florida." This property is located just South of the Lakeview dills subdivision (see attached Map). Richard Swann has petitioned the City for the Voluntary Annex- ation of the above property. Section 171.044 of the Florida Statutes allows for the voluntary annexation of property by Ordinance as long as such Ordinance has been published for once a week for four consecutive weeks in a newspaper of general circulation within the City. Respectfully, Ceorgge D. Forbes - City Manager MISC.ORDINANCES N2 375 ORDINANCI; NO. 1261-1 CgR'f1FlOn'19; OP PNNIACATlON 1 III•;1(1i15Y CERTIFY Chat a certified copy of the foregoing Ordinance No, 126N wao publinhod on the following dayat --' and !n n uowupnpor of general clrculn0o" locutetl wi.Lhln the City of Clermont, Fl.orldn, nu regirtred by Florldn StntuLea. DOLORES W. CARROLL, City Clerk MISC.ORDINANUS N2 3711 ORDINANCE N0. 126M SECTTON 4: Should ally nectlon or part of n nectlon be declared invalid by tiny court of competent jurtsdiction, such ndjudicationa uha.11 not apply ar affect any other provision of this ordinance, except to the extent that Cho entire section or part of the section may bn innepnrable in mcalling and cffceL from the nectlon Lu whi.ah nuch holding shall apply. SECTION 5: This ordinance shall be published as provided by Law, and it shall become law and take effect upon its second rending and final passage. First Rending on this day of A. D., 1980. Second Reading on this day of , A. D., 1980. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, this day of , 1980. CITY OF C1,ERMONT BY: CLAUDE E: SMOAK, JR., Mayor ATTEST: DOLORES 14. CARROLL, City Clerk MISC. ORDINANCES N° 373 ORDINANCE NO, 126M AN ORDINANCE UNDK'R THE CODE OR ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR THE* ANNI'sHATION OF A CERTATN PARCEL OF LAND CONTI.000US TO T11E PItI:SIiN'I' CITY BOUNDARIES; PROVIDI.NG FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERAISILT.TY; AND PROVIDING FOR PUULLCATION. WHEREAS, Lhe City Council. of tho City of Clermont, Florida, hun received it Petition for Annexation of a parcel of land contiguous to the pr.caent corporate limits under Section 171.044, Florida Statutes, and WHEREAS, the City Council of the City of Clermont, Florida, has determined that it is in the best interest of the City and of the property herein sought to be annexed that the City annex the following described property, and WHEREAS, the City Council has determined that the area sought to be annexed is contiguous to the City and is in need of the services which the City can offer and the City has determined that such areas sought to be annexed will be substantlaily benefited by annexation, and WHEREAS, the City Council has determined that all requirements of Sections 171.044 and 171.042, Florida Statutes, have been met. SECTION 1: Under the provisions of Florida Statute Chapter 171 and the General and Special Laws of the State of Florida; that the City of Clermont, Florida, does hereby annex to and make part of its corporate boundaries, the following described property contiguous to the present City boundary, to -wit: Tracts 8 and 9, and that part of Tracts 7 and 10 lying West of Highway No. 27, according to Lake Highlands Plat of Section 32, Township 22 South, Range 26 East, all in Lake County, Florida. SECTION 2: That the aforedescribed property shall be and hereby is made part and parcel of the City of Clermont, Florida, and that said property and all residents of said property shall be subject to all of the laws, ordinances and provisions pertaining to the City of Clermont, Florida. SECTION 3• All property aforedescribed shall henceforth be subject to ad valorem taxation by the City of Clermont, and any other general or special taxes or assessments. SWANN, SWANN AND HADDOCK, P.A. ATTORNEY5 AND COUNSELLORS AT LAW _ -- 500 COUHTLANO OTNCCT ORLANDO. FLORIDA 02004 PCRVIf. PruCr. SYIAHN TCLCPHO,IC 1300 eeo•]0]0 IIICHAnD nOCKWCLL SWANN COWAIIO CL05 HADDOCK, On, THOMAS r. LANO January 25, 1980 PAUL r, nnYAN SnIAN D. HILL PATnICIA A. RETHWILL JAMC5 O. WILLAnD Mr. George D. Forbes Clermont City Manager P. 0. Box 219 Clermont, Florida 32711 Re: Annexation and Re -Zoning of Property owned by Richard R. Swann, Trustee Dear Mr. Forbes: This letter will serve as a reaffirmation of the January 11, 1980 Petition for Annexation of the Lake County property described in the attached Schedule "A" into the city limits - of Clermont. The original petition was filed pursuant to F.S. §171.044 by my attorney, James G. Willard, on behalf of the undersigned. As stated in the original petition, I would request the property be rezoned R-3 as soon as possible following the annexation. Ver tr y u s ICHARD S , as Trustee 1'Y,IWIr. nNICr SWANK RICHARO ROCKWE.LL 5WA1411 EDWARD CLLIS HADDOCK, 411, THOMAS I. LAHO RAUL I. ORYAH DIIIAN D. HILL PATRICIA A. RETHWILL JAMES O. WILLARD SWANN, SWANN AND HADDOCK, RA, ATTORMICY3 APID COU1`I51'.0L0115 AT LAW "Do COMITI.AHO 4TH9K1 O RLANDO, FLORIDA 02604 TrLr,HHour cool oa K•n uaD January 11, 1900 Mr. George D. Forbes Clermont City Manager P. 0. Box 219 Clermont, Florida 32711 Re: Annexation and Re -Zoning of property owned by Richard R. Swann, Trustee Dear Mr. Forbes: Please regard this letter as a formal petition by Richard R. Swann, Trustee, as owner of the Lake County property des- cribed in the attached Schedule "A," for annexation -of-said _ property into the city limits of Clermont. This petition is made pursuant to Florida Statutes §171.044, Voluntary Annexation. A survey and location map of the property are attached or your information as Schedules ". B" and "C," respectively. As contemporaneously as possible with the annexation process, Mr. Swann desires that the property be re -zoned R-3 as described in the City of Clermont Zoning Ordinance. Please advise if any additional information is required for either the annexation or re -zoning of this property. Very truly yours, SWANK, SWANK%&HADDOCK, P.A. James G. Wiil/llard"/�� Attorneys for the Petitioner, Richard R. Swann, Trustee JGW:gm PROPERTY TO DE ANNEXED INTO THE CITY OF CLERMONT Tracts S and 9, and that• part of Tracts 7 and 10 lying Wost of Highway No. 27, according to Lakc Highlands Plat of Section 32, Township 22 South, Rango 26 East, all in Lako County, Florida. vvet �. ',I ` 5A '' � � � r•` II I •, 1 .'•'y �i � 5 51 , :r=�';�.e.:''.. i.u.�--+1t�:'.1.:" y..-:i-+..'��:�. t lili�,.,,,,..,,,,,�..,,,..r.�...... ...y-.��id�.-^'.�'••� it in r��.'(_•—' ic'�iLl yii ~ 1I` '�r I� .� �•-�sc ,. � L i.,>r• �S:i of _r:, �-• �- '::;� i.. f7 �— ! 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C. onc�ri/n t 7`fi�ncc v7�i Jfo f/ic tb , is !f zI7 e L� c Sf o/o�y �� c. 1; ire ro NJii»chaf�o jfio/es; 7`ii��-•2 /Yori`,hu✓r_s7`��/� o%may ':%C �'=o.>,-%.-i-/f Gt�vir�a.�i _i ' .-. �!".',n?iJ:'7��.:z�'q �/ �o�a-.3� /�o �i�/ •��:._=+_. :'�J-irsi c�csc //i7 �.'{E �' os it�cor.�•ec/ i P/af Eno, /Z � i �� Z 9, �✓..5 is ��co/-ds• Coin/y, I� � ALSO- Trocj`.� B o�cJ 9, aid �:iofPc�� of ,7civcJ°s 7ond/O I /yii7� h �•s/'` of fi/ f/i4a Ala 27 , / C7 GC 0/C/r/ y o LG/lG- C. ` v/-✓cc 92,T22'-5 y�~ f,=7// in .�o,:c-• Gov�fy, F/oiyc%4• tI i it �' f c. �. Shc.�c y • "N I \ ' L D \ 0rl + r � �I , G{ �y ..tit o ,/�,1� �.-, •� �+� llt � ,,l�A° � a° �l•ry '� .. 1 \\ � �QQQ```��.jjj,,, � 1 \ .I•��•�� G��Yaq• 1 .o, - .c.------. --_----_J----------..------- I I 7 r 1 1 I 1: PROPOSED C IN11 � �! G Brogden �P"roper.t ,. At May 10., 1972 F ----ems d Y•' D.: %' �•Otd o �ciY Yrr:CS fLina LM 110110 to: City Council Memborn From: Mayor Subject: Pollution Control. Board Flouting Onto: Febr.unry 8, .1.980 The City of Clermont is on the Agenda of Lha Lake County Pollution Control Boards Meeting that will be held at 7:30 p.m. on Monday, Pebruary 11, 1980. The meeting will. be held in Tavares on Lila Fourth Floor of the Old Courthouse in Courtroom A. I am calling a special workshop meeting of the City Council in order to allow all of the Council Members to attend this meeting. As you may be aware, the Pollution Control Board will be consider— ing the City's proposal for the Marshland Disposal of treated effluent. Since the outcome of this.meeting will have a substantial impact on the City of Clermont, I am urging all Council Members to attend this meeting. Attached is a copy of the Agenda. Sincerely, Claude E. Smoak, Jr. Mayor CESJr:pm cc: Press Enclosures 2 COUNTY COMMISSIONERS Dp �6 ..Labe County V TAVARE8, RI.O11IDA :12778 rtloN6i 004.743.0730 DR.PAIT1'At ENT OP POLLUTION CONTROL a11NCOMi 347.17JU LAKR COUNTY COURTIIOUOII 9111 WIUIT MAIN aTI1RRT - TED WICKS. Aeling Dlrrclnr .. UUT COUM Y POLLUi'ION OCN'PILOL BOAM MELTING NOTICE The next Lake County Pollution Control Board Meeting has been scheduled as follows: TIME: 7:30 P. M. DATE: February 11, 1980 (Monday) LOCATION: Old Courthouse - fourth Floor Courtroom A The Agenda for the forthcoming meting is enclosed for your review. if there are any questions regarding this Agenda, please contact the Departmnt Office. Ted Wicks, Acting Director lb O19TRICT ON[ OI9TRIR TWO DIM=THR[[ DIBTRIR TOUR ONTR=nV[ James It. Carson, Jr. C. A. "Le:" Deems Glenn Y. Middleton Thomas J. Windram Glenn C. 8urhans LAKE COUNPy POLLVPION CONTROL BOARD REGULAR MXJPl LY M =ING February 11, 1980 AGENDA I. MINUTM II. TRAVEL III. PIU•rrM Auv PUBLIC MUUNG A. Chapter 1-3 and 1-6 (Rule Revisions) IV. BOARD DISCUSSION A. Varianoes 1. Ja-Mar Farm 2. City of Clemmnt B. Reports 1.. Department Staff V.-OTHER BUSINESS VI. ADJOUESS= CITY OF C1..11:'RB9 ONT P.O. BOX 210 • CLERMONT, FLORIDA a2711 • PHONE 004/334 4001 February 14, 1980 A. J. Kirby, P.E. United Statue Environmental Protection Agency Region IV, 345 Courtland Street Atlanta, Georgia 30308 Subject: Audit Report d E2cW7-04-144-80591 Final Audit of EPA Construction Grant 0 C120222010 Clermont, Florida Raft 4W-SA Dear Mr. Kirby: Thank you for your letter regarding the final audit of the above pro- ject. While the City of Clermont still disagrees with your Audit Division's recommendations on this matter, the City Council of the City of Clermont, at their Febraury 12th, 1980 meeting, consented to a pay- ment of $2,882 to your Agency to close this project. Thank you for your cooperation, and a payment will follow this letter within a few weeks. Sincerely, George D. Forbes City Manager GDF:pm cc: Finance Officer Memo to: From: Subject: DnLe: Clermont City Council George D. Forbes - City Manager Pinn.l. EPA Audit of Treatment Plant Pcbruar.y 8, 1.980 I have received a Letter from the Environmental Protection Agency regard- ing ti:e $2,882 they believe that we owe them for the construction of the Waste Treatment Plant. An you may recall, when the Waste Treatment- Plant was constructed, the perculation ponds (now referred to as the polishing ponds) did not - operate properly. For this reason the City obtained $50,000 in dam- ages from tl:e Engineers, Atichael-Stiggins, Inc. The City's position on this matter is that the $50,000 received from i Michael Stiggins is for future expenses that the City of Clermont has been and will be forced to pay as a result of this work. The release the City gave to the Engineers also reflects this fact. However, the EPA Auditors have maintained that the damages we recovered -i from the consultant must be treated in the same manner as though liquidated -j damages had been recovered from the Construction Contractor. We have been arguing this point with EPA for several years, and I am convinced that their Environmental Engineer, Mr. Kirby has done every- thing possible to convince EPA of our views. I would recommend that the bill of $2,882 be paid. This would close this matter with them and insure the City's eligibility for future grant projects. Respectfully, George D.lForbes, City Manager GDF:pm Enclosure �wpin, 11,0.1 :.:.,.� R1»=V6r'0 In111,2 2 if UNITED STATES ENVIRONMENTAL- PROTECTION AGENCY PrGION 1v 046 COUI?TLAND frrur T AT'LANTA, Or01161A 000011 JA N 2 1 1880 REF: 4W-SA Mr. George D. Forbes City Manager City of Clermont Post Office Sox 219 Clermont, Florida 32711 RE: Audit Report #E2cW7-04-144-80591 Final Audit of EPA Construction Grant #C120222010 Clermont, Florida Dear Mr. Forbes: We have completed a review of the above referenced project for period March 1966 to June 26, 1979, the date of your last letter. The City certainly should be complimented for completing this work in spite of the numerous problems and adversities encountered along the way. Your position is clearly understood. If this reviewer were in your posi- tion, the same arguments and reasoning would have been presented on behalf of your City. However, EPA Audit Division contends the damages you re- covered from your consultant must be treated in the same manner as though you had recovered liquidated damages from your construction contractor. This is strictly a Regulation interpretation, which we have no defense to override. The above is true regardless of how you used the funds recovered. If you decide to reimburse EPA, as previously requested, make the check in the amount of $2,882.00 payable to U. S. Environmental Protection Agency, and sent it to the Florida State Section at this address. Sincerely yours, A. *JKir`byEi1. E. Environmental Engineer TO: City Council 1'R011: City Manager SUBJECT: Weekly Memo DATE: February 15, 19110 PUBLIC WORKS. The Ilallfield at the lliddle School hull been completed with the exception of netting up the bnsea. Wu are also advortining for bldo for the construction of a Tenpin Court at thin location. Two City garbage trunks are still not operating and we will not have it second truck 'tit sometime next week. The two crown are doing the best they can,operating with only one truck. The crown were on schedule until Friday, and they have fallen behind on Friday's schedule. We will have the men pick up the garbage on Saturday to make up the lost time if Possible' Bob Smythe and the sanitation workers are to be commended for keeping bhe garbage col- lection going as well ax they have under difficult circumstances. UTILITY DEPARTMENT'. The Utility Department has increased the use of odophos in the Sewer System by 40 gallons per day. We will cnntinue to exper- iment with this chemical to reduce phosphorus. The Layne Atlantic Company inspected the Grand Highway Well and found that the condition is nut yet critical. Ilowever, we hove ordered replace- ment parts for the pump Motor, and replacement bearings will be installed as soon... as possible. It will take about $800 and take 8 hours to repair tine pump motor. This will men', that part of the West side of the City may run out of water, so we will place ads in the paper before the work begins to inform residents of tl:e problem. ISUILDING DEPARTMENT. As you may recall, six months ago, Mr. Neal Dauphin moved a house into Clermont from the Bay Lake Area. The Building Code Board of Appeals approved of [ilia move, as long as $6,000 was kept in escrow by the City until the house was rebuilt. The Building Code Board of Appeals gave Mr. Dauphin six months to complete this project, after which time the $6,000 was to revert to the City to tear down the hnme. While I must admit we had some doubts nbout this home, it has worked out well and a Certificate of Occupancy for the house was issued on February 14, 1980. The home looks very nice and is located at L90 Seminole Street. The llini Warehouse by Dan Judy across from the Library also has been well constructed. I believe the conditions placed on this development by the City Council insured that this building is an asset to our community. POLTCE DIiPARTMENT, We have informed our Police Officers to increase traffic enforcement on Highway 50. During the past week, several traffic cita- tions have been Issued and we are keeping a close watch on the highway. RESORT TAX. Attached is a schedule of Public Hearings to be held by the Resort Tax Committee of Lake County. At this time there is no County plan to use this money, and the major thrust of tice hearing would be uses and the desirability of such a tax in lake County.. Page 2 Iuhjacti Weakly Memo Dnto: February 15, 1960 UPPER PALATLA"1A 5TUllY. Enclosed is tl:e February Progress Report of tl:e Upper PalatlaItI Study. A9 you may recall, the purpaae of thin study in to insure that the venter quality, quantity and flow of watern into Lake County from the Palatlakaha River is not hindered. COMPREIIENSIVE PLANNLNC GRANT. We have received notification from the State Department of Community Affuira that the City has been awarded a grant In the amount of 96,228 for implementing our Comprehonsive Plan. As we discussed, our idea was to use these grant funds for the sewer studies presently being conducted by the City Engineer. We have approximately 30 days to submit to the Department of Community Affairs a contract and scope of services for the project. I will prepare the necessary documents and present this project to the City Council for approval an noon as possible. MARSH STUDY. Enclosed is a letter from Dennis Thomas regarding his position on the Marshland application of the City's treated effluent. Respectfully. George D. Forbes .City Manager GDF:pm - Enclosures 0 NOTICE OF PUBLIC HEARINGS The "Committae to Review Resort Tax to take. County" will hold hearings to recalvu Public input au to the douirdhility and nand of the T.mri.ut uuvelopmont Tax in take County, Florida. 'Pile meatingu will consider the following t0Picut 1. Establishing the Tourist Devolopment Council; 2. Placing the queution of the tax on the ballot; 3. Plaus to use the funds; and 4. Any other matter relative to the resort tax. PUBLIC HEARINGS WILL BE HELD ON THE FOLLOWING DATES AND PLACES: 1. Tavares - 7.30 P.M. Thursday, February 21, 1980 Board of County Commissioners !tearing Room - 5th floor of the take County Courthouse, Tavares, Fla. 2. Leesburg - 7:30 P.M. Thursday, February 28, 1980 1st Federal Savings 6 Loan Assn.'s Courtesy ;room, 800 Wast Nurth Boulevard, Leesburg, Fla. 3. Clermont - 7:30 P.M. Thursday, March 6, 19B0 City Council Chambers, located in the Police Station 882 West DeSoto Street, Clermont, Fla. FOR F'URTHLR INFORMATION CONTACT T11E LAKE: CVONTY PLANNING DEPT. 315 West Main Street, Tavares ,Florida 3277E - 90,1/343-9632. UPPER PALATLAKAHA BASIN COMPREHENSIVE WATER STUDY VILL DAVIS, PruJrct Coor•clinnlor Lake County Court I ow- J15 West Maln titre•,' Tavares, Florldn 3277' (904) 343 17'1' PROGRESS REPORT PREPARED BY PROJECT COORDINATOR, WILL DAVIS IfBRUARY 0, 1900 i q P,110 1 Rain rR.I nti ty- From information supplied by Jeff Barnes of the Citrus Agricultural Research Station at Lake Alfred, I have contacted by letter, Mr, John Houston of Waverly Groves, Inc. who is purported to have extensive daily rainfall measurement throughout the area lying north of Lake Lowery to the Lake County Line. At the present time, I am awaiting a reply. Rain Quality The construction of two (2) bulk rain collectors has been completed with one having already been installed at the W. II. Dailey residence just sou Niest of Lake Louisa. The purpose of these collectors is to obtain accurate qualitative data on the concentrations of nutrients contained in wet and dry fallout. The major constituents to be measured will include ammonia nitrogen, nitrate nitrogen, organic nitrogen and total phosphates. It is already felt that atmospheric nutrients represent a significant PROGRESS PCPORT - FEBRUARY 8, 1980 - PAGE TIt0 ............................. ..................................... -..... fractional amount of the overall nutrient budget for some lakes, but the impact occurring to lake systems is not completely known and depen- dent upon the size of the watershed. With such a massive watershed encompassed within the eighty-seven (87) square miles of the Upper Palat- lakaha River Basin, it is hoped that through these bulk rain collectors, a reliable determination of nutrient concentrations will give a detailed insight to what extent rainfall contributes to the lake systems nutrient loading. P. 0. Brezonic, Professor of the Environmental Engineering Sciences Department at the University of Florida, has published a paper on atmospheric precipitation which has greatly enhanced data collection and prediction of expected nutrient levels. Surface Water uality and uantitx No major contrasts have occurred from January's water quality results compared with previous months data, but a decline in surface water flow has been observed. Subsurface Water Quality and uantit Before the Comprehensive Water Study was initiated, Lake County Pollution Control and the City of Clermont were performing preliminary investiga- tions in 1978 and early 1979 on subsurface water flow in Clermont area citrus groves. These investigations focused on soil structure and water flour characteristics within the soil profile. The data that was collected PROhRESS REPORT - FEDRUARY 8, 19RO . PAGE TITRE[ ........................ .....----- and analyzed indicated that the clay layer existed under most citrus groves actually acts as a confining stratum. This clay layer provides an impermeable boundary to vertical water flow. Due to this imper- meable boundary and the downward slope which exists, most all water cominq in contact with the clay surface can travel down the slope which consol- idates in the nearest marsh, sinkhole or open body of water. Durinq the past month, special emphasis has been placed upon attercptinq to determine the approximate soil Permeabiiity at vertical intervals startinq from the surface and travelling well into the clay. This investigation has not been completed, but preliminary work seems to indicate that less than one -hundredth of an inch of water per day is taken up by the clay in terms of vertical flow. This one -hundredth of an inch a day can only exist when there is free water above the clay surface. Most citrus groves have a measurable amount of slope occurring, but because of the clay, free water will not occur. At the present time, water quality results are being obtained on this water flow across the clay due to effective amounts of rainfall. These results will give us an idea as to the quality and quantity of subsurface runoff. Future Plans More extensive investigations on subsurface water quality and quantity inary work is completed. will be conducted after a study of the prelim TO: Mayor of Clermont City Council Members Community Leaders Press FROM: Dennis K. Thomas, Councilman SUBJECT: Marshland Application Concept DATE: February 14, 1980 This letter is to inform you that I am against using the Marshland Application for disposal of the City's treated effluent. After much research and reading of various reports and documents, It is my belief that the Marshland Application would be a very big mistake for the City of Clermont to undertake. I believe the report was needed in order to see if the concept would work and I commend Dr. John Zoltek and his staff for their time and efforts. But now it is time to move forward to another alternative, such as the Land - spreading Method. Much too much money has already been spent on the Marshland Application study, its my belief that this method is not good for the future of our beautiful city. Saving a dollara month today for possible strongly thudmuswater dorything wecan tostop teveomorrow is sol tnnthis Marshland se. I feel ry ronglyatwe Application concept today. Time and money is awasting. Concerns that I have with the Marshland Application Method are as follows: 1. For this method to work successfully, the area where the effluent is to be applied must be impounded. Based upon the recommended application rates specified, an excess of 100 acres of Palatlakaha marsh would need to be diked and isolated. It has been stated that this would cause ecological changes inside the marsh. This would, of course, result in a negative impact which we can't afford. We must preserve our environ- ment now for good water later. 2. On the discussion of the uptake of phosphorous through the peat, it is Dr. Zoltek's personal belief that it would be effective up to 15 years with a spray of 1-1/2" per week. Where does that leave us in 15 years? We don't need a short term solution. We must plan now for the long term effects in the best interest of the taxpayer's dollar. 3. Dr. Zoltek advised that in his professional judgment there would be a 90 to 95 percent chance of it working successfully, the only hesitation being in case he had over -looked something in the research. You must realize we are talking about water, something that once it goes bad we can not replace. It is not something we can take a gamble on. Five to ten percent mistake margin is not good odds on this valuable mineral which is non -replaceable. Page 2 4. The long range impact is impossible to predict. I don't believe the people of Clermont would want or can afford to let an experiment take place on our water. Let's not bee guinea pia fojjmebody else— nor play games with our future generation's resources. There will be no winners in the long run, only losers. I hope that you will join me in opposing this Marshland Application Method today. We can not take a chance on polluting our environment. Please join mie in working for the betterment of Clermont today and tomorrow. 'rnR 19110 CI?NSIIS WIIA_I'_' T MEANS TO YOU Most of till have, at one time or nnot.her, connp.lnined about Lilo l.nafficl.ency or the Federal Government, but now'n your chnnuo Co help ssve your tax dollars. Every how+ehold In the United Staten will racetvu it Census Quostionnaira In the mill. on 1111reh 28, 19110. About: 90� of Lila householdH will, be nskcd to mail bnck their c•omplotud questionnnl.res. 'I'hc rmnaining 10Z , primarily Lboae in npnraely settled ar.enn, wl.IL be instructed to keep their completed question- naLren untLl. the coattail talcora plek thorn up, person:, t.h+lt fn.11 to cooperate by not mailing back the completed questionnaire will. force the raasua takers to visa them purnonnlly to obtain the required Information. This means that every lI of the population Clint cooperates by mailing cneh questionnaire will save the taxpayers about $2 million in follow - tip costs. Now, you might be nulling yourself, "Why do we, need a eenaifa anyway?" 'rhat's a good question. The constitutional purpose of the Census is to provide for a fair apportionment of seats among states, in the Ilouse of Representatives. But today, the Census means much more than that. It is also used to: 1. American business firms rely on Census statistics when selecting new sites, evaluating products, and for - - --'` developing market strategies. 2. The Census provides :Information about our nation, such as our citizen's age, sex, education, etc., so we can make better decisions of national and local importance. 3. It is used to guide the distribution of federal funds to states and cities. We need your help. Complete your Census forms and help save your tax dollars. By the way, every person's answers to the Census are confidential. Only Census Bureau employees, sworn to secrecy, may see individual Census answers. .ACTING AS THE CITY OF CLERMONT'S CENSUS "COMPLETE COUNT Co[NITTEE", THE PLANNING A14D 2.0111^I17- COMMISSION URGES YOU TO COOPERATE WITH THE CENSUS. P.O. BOX 285 CLERMONT FLORIDA 32711 Febauany 1, 17,70 llorwruib le. Mernbrn j Gi Ctr. CouncU Ci tm. o4 Clowmat clo Ceon7e Foaba4,,CU'I. Manan.an C•leamorr i:, F.LoaLcla 3:1711 gentlemen: 1; Rccen, tGj. a dnza U 7iwup attended a 4.ta7.e pee4entat(wn at "Once llpon a Stage" Ln. 02landv. A.t .t'Uj prltfmwzance .the management announced :that .they. weAa .in .the Pwran,J of aemocle.Ging. the theataa and .the jeatn being, wed weae .to be o f feaed foa ja c. They. neaued.ted any. .int-eAeAted pan Ue4 to .Leave .theta name and addaenn. T %z,iA we dial. On 'januaAy, 28.th 9 aec.Leved a caU faom Pk. Rouine. Ile dcaLd . Im chaLnn wcae to be jo.Ld at pub.Uc auetlon but he i caUed .to 4ee iL we weae inteAe4ted in Guy.inp. Uce cJcai" Gefone .thely weae of- endd .to .the pub,U.c. I' the char an.e o� tJxe "�tacJt" tJpc w tic cuAh.ioned deat:� and Gaclm. They an.e of- a wonhabJc ,ye.Uow nw,taamt. The co4.t quoted wan $15.00 each. Thme aae appw,ua mtety. 150 offeacd fwa 4ate. We fee) 4eatirz7. com,'.oat fna. a.0 �`nctlDnn at jenh"zA Audi tvaium N' coccCl be gaeatty .fmpnoved by. .the puacha4c Of clwLn of_ .thU ,type. (Ve oae zeque jtLrz a .the City. CaaneLt :to fiend a aepaenentatLve S .to "Once Upon a Stage" .to ijldpect the c/wi n and be autlwaL5ed � .to puachane -lome oa a,U 04 the offeacng.. s' Thank y.ou fDa y.oua conn.LdenatLon. Yowrn .taut/, or ALfaedf l a l rU.Ucox, vice aae�ldent So Lake Plaijenn ALWnw AV CITY OF CL.ERMONT P.O. BOX 219 CLERMONT, FLORIDA 32711 • PHONE 904/304-4001 February 4, 1980 To: City Manager and Members of City Council From: City Clerk Gentlemen: I respectfully submit this as notice of my resignation from the position of City Clerk as of February 15th. I have enjoyed a long and good association with the City, and will bow out with those memories. Sincerely, Dolores W. Carroll Memo to: CLLy Council From: City Manager Subject: Waste Treatment Plant Date: February A, 1980 The City Engineer has recommended that we submit an application to the State Department of Environmen till Regulation (DER) to dike a small portion of our existing polishing ponds (sec attached map). This dike is needed to increase the rentention time of treated effluent in the pond and thereby improve our removal of pollutants. The dike will enclose about 1.6 acres of marsh. Such n dike was included but never completed on the original construction plans for thle polishing ponds, and the construction cost for the dike will be approximately $2,500. We have prepared an application to DER for this project. The application requires a copy of the minutes of the meeting showing local approval of this project. If the City Council wishes us to proceed with this application, a motion must be passed authorizing this application and for the City Engineer to-betHe" City's official agent in this matter. y Sincerely, r George DC/Forbes — City Manager r GDr:pm Enclosures i INFORMATION r 'ED ON AFFIDAVIT or OWN. 'IIP OR CONTROL 1, Thn affidavit of ownership or control should be signed by at toast one owner of the property, lox- see, or omemont holder. 2. If subdivided, the property should be described by lot number, block number (if any), name of subdivision, and plat book number and page whore recorded. 3. If unplattod, the property should be described by section, township, and range, and subdivision of section. 4. If the description is based on courses and distances not following the plane coordinates, the point of beginning should be identified. Please contact this adico should cbuification or further Instructions be necessary. AFFIDAVIT OF OWNERSHIP OR CONTROL TO THE DEPARTMENT OF ENVIRONMENTAL REGULATION: I hereby certify that I am the (check one): record owner lessee record ease- meat holder applicant to record owner for easement of the below described property situated in �Ak2. County, Florida; and that said property is all the property that is contiguous to and landward of the area in which the work proposed in the permit application is to be conducted. Furthermore, I certify that as record owner, lessee, or record easement holder I have or will have prior to undertaking the work all necessary approvals or permission from all other persons with a legal interest in said property to conduct the work proposed in the permit application. LEGAL DESCRIPTION The North 900 feet of Government Lot Seven (7), of Section Twenty—three (23), Township Twenty —Two (22), South, Range Twenty—five (25) East. AND ALSO All of Block 141 of Johnson's Replat of certain Blocks in the Town of Clermont, according to Plat thereof filed in the Office of the Clerk of the Circuit Court of Lake County, Florida, 29 March 1926, and recorded in Plat Book 8, page 71. B. Sworn to and subscribed before me of , 19 NOTARY PUI3LIC My commission expires: County, _— —. this day 9prinps/eod �Assoo/o/ss, —0. I'MOh'OSiL'G alKt,. UKrV-N0I0N Al' SHEET I OF. I CONSULTING SNGINSSNG (7•IrY vr+ GL.L:KM0NV yrtwAaF! JOB NO, I"IG"' amm LEESDURO, FLORIDA r IZtYArUMNT FILAN'r.• BY "i10i®'DATE Iz RG1T9 �. 6rIWi IN 5F-6"r". 23 , rae5, K' Z6 '_ Lks'�TI N1� CI1= \> t.UN'fAGT ChIAM11 AMM.{: KIt _ .YPF.r� ... �'9n'... . _ • I .l i U I �r I I .g;, I III �.- � � PI:.a 1'O aeo cu5.4. I ..• E`er-r � /A"� I L'XISTING OIKEs � ( I CXISTI NG ��'f-r7 •\` •�"� I -OL13H ING Fr MAISTINC, ^JPILLwAY ro utE oi5G,:-t4TINUC.P I MINNEO LA AVM. •� W U k I II � H fi I r-XISTING IKKICATION PUMP. W sl I- scat_r_� i O f ' E Spr/npefood �Aaa00%1 ono. t,ROPnor:cpylKr I*rirse. Nu10N AVSHEET I OF I CON!ULTINO 9N01N09I11 HJOB NO, I' lEE8gUN0, FLORIDA ca ry OP GLCKMGtJ 9' RWAaR •I�'h �` rtERA7-Ut!Nr PLANT. BY ".!l:DATE 2i"0 " !' Br—IW-i IN 5F—GT'1 2ZI 1 7aas, I I \\1 cO4�rnCr Ch1AMHC:M- I II i U 1r—S I I II I � oac KOLA 671 , o II { j � I I I I• 1 1 Imo. nFo1+ODeo Gll v -rtr i UIKt=:+ I� RxIII s rl Nc, \�\� i iPOL14H1A1�n FONDS SPILLWAY F- ro Hk INNCOLA AV6, — E I I y in II L is I t">`13,'ING IKKIGATION PUMP''. i o -DANDY OLAY\ FILL -$EGLfON 'THKU DIKE.. I ' 1 SGAI.M- i'• Id ". OPEN TO THE PUBLIC AT ALL TIMES . A Primer on Florida's Government in the Sunshine Law Ramada Inn, Ocala March 9, 1977 Sponsored by Gordon G. Oldham, Jr. State Attorney, Fifth Circuit Materials and lecture by Louis A. Tally, Assistant State Attorney Supervisor, Civil Division, Fifth Circuit SECTION 20G.011 FLORIDA STATUTES - 1975 "GOVERNMENT IN THE SUNSHINE" Public meetings and records; public inspection, penalties. (1) All meetings of any board or commission of any state agency or authority or of any agency or authority of j any county, municipal corporation or any political subdivision, except as otherwise provided in the { Constitution, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, regulation, or ti l formal action shall be considered binding except as taken or made at such meeting. I� (2) The minutes of a meeting of any such board or commis- sion of any such state agency or authority shall be promptly recorded and such records shall be open tc J,' I' public inspection. The circuit courts of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. (3) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation or any political subdivision who violates the provisions of this section by attend- ing a meeting not held in accordance with the pro- visions hereof is guilty of a misdemeanor of the second degree, punishable as provided in s.775.082 or s. 775.083. 4` WHAT IS THE "GOVERNMENT IN THE SUNSHINE LAW"? In 1967, the Florida Legislature panned Florida Law 67-356, popularly known as the "Government in the Sunshine Law', which has since been codified an 9260.011, Florida Statutes (1975). The law basically provides that all meetings of governmental bodies shall be open to the public and that minutes thereof shall be recorded and open to public inspection. By way of enforcement, the law provides that actions taken at closed meetings are not binding, citizens may sue to enjoin violations of the act and violations are subject to criminal penalty (2nd degree misdemanor). The law became effective in July, 1967. There have been no amendments to the act other than a slight change in 1971 to bring the criminal penalty section into conformity with the new law establishing degrees of felonies and misdemeanors. WHAT PUBLIC BODIES FALL UNDER THE LAW? The language of the statute covers any board or commission of any state agency or authority or of any - ----- agency or authority of any county, municipal corporation or any political subdivision. . This language is extremely broad, for example, all taxing districts are covered since they are "political subdivisions" under 51.01 (9), Florida Statutes, (1975). It was long thought that purely advisory committees of local government were not under the law. However, in the 1974 case of Town of Palm Beach vs Gradison (296 So. 2d, 473) the Supreme Court extended its interpretation of the Law to include virtually every group or body established by governmental authority, regardless of the informality or lack of power to act attributable to such a group. It does appear that a body must be, in some way, an arm of government to come under the Law. For example, a non-profit organization --even though receiving public monies --is not thought to be under the Law. Note, however, that if two or more members of a Sunshine -regulated agency were to serve on the board of a non -regulated agency in their official capacities their presence may subject a meeting of the non -regulated agency to Sunshine. -1- WHAT IS A "MELTING"? The Law provides that "All meetingn . . . at which official acts are to be taken are declared to be pub.lLc meetings ." The courts have interpreted this to mean a "public meeting" occurs any time.two or o ) members of Sunshine agency meet to discuss or consider/ public business that may foreseeably come before their agency. WHAT IF I UNEXPECTEDLY MEET A FELLOW BOARD MEMBER ON THE STREET? Although the courts have not yet directly addressed this question, the Attorney General's office has issued several well -reasoned opinions that so-called "chance encounters" are not within the notice requirements of the Law but must be open if public business is discussed. These opinions recognize the frequency with which in- formed, unscheduled discussions occur among public officials and the desirability of this interchange. To give notice of such "meetings" would be impossible. However, officials are cautioned that these informal discussions of public business must be open to press and public --not behind closed doors. Further, if a "chance encounter" is 1� anned in order to avoid the protections of the Law, it is illegal. ARE PUBLIC OFFICIALS SUBJECT TO THE LAW LETWEEN THE TIME THEY ARE ELECTED ( OR APPOINTED) AND THE DAY THEY ACTUALLY TAKE OFFICE? Yes. Officials -elect are subject to the same require- ments as those who have already taken office. Hough v. Steinbridge, 278 So.2d 288 (3rd DCA 1973). MAY OFFICIALS CONDUCT "ON -SITE FACT FINDING" INSPECTIONS, WHERE THE PUBLIC CANNOT REASONABLY ATTEND, WITHOUT VIOLATING THE LAW? Yes. If it is reasonably necessary for members of a regulated board to travel some distance to obtain infor- mation or to conduct an on -site inspection of some product or facility they may do so without violating the law even though it may not be feasible for the inspection to be "open to the public -" However, every effort should be made to notify the public of the meeting and to permit- as many press representatives as may be possible to attend. Also, no deliberation should take place at this meeting -- only the required factual inquiries. In this regard, see Biqelow v. Howzc 291 So 2d 645 (2nd DCA 1974) -2- MUST TWO OR MORE MEMBERS OF THE SAME AGENCY BE PRESENT FOR AN UNLAWFUL MEETING TO OCCUR? The court cases appear to say yes. However, the Attorney General has issued several recent opinions holding that meetings involving only one member of an agency may fall within the statute if that member is empowered to represent his agency at the meeting. The reasoning is that an agency may not do by delegation what it could not do direct- ly itself, i.e., attend such a meeting outside of the sunshine. \ There have been similar opinions that, for example, ld city manager may not meet in private wit),indiiness if vidual purpose commissioners on a matter of public is to circulate and advise the commissioners of each other's opinions and thoughts on the subject. But these are questions much in debate and court decisions are anticipated. CAN WRITTEN DOCUMENTS BE CIRCULATED WITHOUT VIOLATION OF THE ACT? Although officials should be aware of the applica- bility of Florida's Public Records Act (Chapter 119, Florida Statutes, 1975) on this matter, it has been generally held that the circulation and consideration of documents is not a "meeting" under the law. However, as in the answer to the last question, there have been recent Attorney General's opinions which appear to say that you cannot use documents to procure non-public consideration of a matter that would ordinarilly have been considered in a meeting required to be open. It may be that the placing of such documents into the public record may avoid any sunshine problems. However, this is another area that needs legis- lative or judicial clarification. WHAT CONSTITUTES "OPEN TO THE PUBLIC AT ALL TIMES"? Every reasonable effort must be made to ensure that those members of the press and general public that wish to hear and see such meetings may do so without hindrance. One important factor is the physical surroundings. The meeting location should be of sufficient size and so located as not to discourage attendance by the public. Further, the arrangement of the facilities should enable all persons to clearly hear the proceedings. I Another important requirement is that the persons in attendance should be able to understand what is happening. For example, the use of secret ballots, code numbers or ficitious names which conceal facts from those in attend- ance is prohibited. -3- Porhapa the most important• ingrediant of "openness" pis that• of reasonable notice. Although there is no specific language in the statute requiring notice, the courts have made it• clear that open meetings are of: little or no value to the citizenry unless all reasonable steps are taken to ensure that all interested persons are made aware of such meetings sufficiently in advance thereof to plan attendance. WHAT IS "REASONABLE NOTICE"? In many cases, there are statutes, which dictate the manner and timing of notice with respect to specific agencies and with respect to specific matters, e.g., municipal ordinances. Where such statutes exist they must be strictly complied with. In cases where there are no controlling statutes, the "reasonableness" of the notice required to be given will differ with each case. Generally speaking, the local press should be notified of all meetings in writing or, if time does not so permit, by telephone, and the public should be notified by the conspicuous posting of notice. Obviously, those notices should be given as early as possible. MUST ALL SUNSHINE AGENCIES KEEP MINUTES AND, IF SO, IN WHAT MANNER? The language of the statute requires that minutes be kept of all meetings falling under the law --which minutes must be recorded and open to public inspection. Although some agencies require court reporters to prepare verbation transcripts of their meetings, the majority of boards and commissions tape record their meetings and have summarized minutes prepared from the tapes and placed in the public record. As a minimum, all sunshine agencies should take written minutes of their meetings that show all official actions taken and the vote of each member on all matters in which a vote is taken. These minutes should be placed into the public record at the earliest possible moment. IS IT POSSIBLE FOR ME TO COMMIT A CRIME UNDER THE SUNSHINE LAW EVEN THOUGH I REASONABLY BELIEVED AT THE TIME THAT MY ACTIONS WERE LAWFUL? No. Tile courts have ruled that violations of the act must be intentional in order to constitute criminal con- duct. However, the unlawful conduct may be enjoined and may void actions taken at a closed meeting even though not criminal. -4- IS THERE; ANY WAY TO "SAVE" FORMAL ACTIONS WHICH MAY BE; VOIDABLE AS HAVING SEEN TAKEN IN CLOSED MEETINGS? Yes. The courts have ruled that such actions can be legitimized if they are reconsidered and tile closed "in the sunshine." However, participants meeting may be liable in criminal. prosecutions. ARE THERE ANY EXCEPTIONS TO THE LAII? Only one exception to the Law has been approved by the Supreme Court- All other arguments have been turned down. Thu court has ruled, for example, that there is no attorney --client priviledge and there is no exemption for "quasi- iudicial" proceedings. The only exception to date came in the 1972 case of Bassett V. Braddock, 262 So 2d 425, which held that to apply the Sunsh ne Law to UAbor negotiations/would conflict with the constitutional guarantee o coflective bargaining for public employees. The court ruled that the school board could meet with and instruct its negotiators, and the negotiators could meet with teacher's representatives, in closed meetings. As a result of the Bassett case, the legislature in 1974 passed § 447.605, Florida Statutes (1975) which provides that: (1) All discussions between the chief executive officer of the public em- ployer and the legislative body of the public employer relative to collective bargaining shall be ex- empt from 5286.022, Florida Statutes. (2) The collective bargaining ne- gotiations between a chief ex- ecutive officer and a bargaining agent shall not be exempt from §286.011, Florida Statutes. Note: An effort is being made to challenge the constitutionality of 9447.605 and to ask the Supreme Court to reconsider its decision in Bassett. HOW CAN AGENCIES OBTAIN ADVICE AS TO WHETHER PARTICULAR CIRCUMSTANCES FALL WITHIN THE ACT? If the question is one not previously ruled upon by the courts or the Attorney General's office, it may be appropriate to request, an Attorney General's opinion. The assistance of staff counsel should be used in drafting the request for opinion. -5- I it may aluo be poauible to obtain a Doclarntory Judgemont ruling on your question from a circuit• court. however, the availability of this tool is under attack in the Supreme Court at this time. If the question is one on which there is reasonably clear law, either cases or AG opinions, and if a written request for opinion is made, the Office of the State Attorney will provide any inquiring agency within the fifth Circuit information. however, we prefer that agencies use their staff: counsel whenever possible and we cannot respond to individual inquiries. Such inquiries should be addressed to: Office of the State Attorney Attention: Civil Division P.O.Dox 147 Leesburg, P1 32748 Please note that the office will be moving to the new Lake County Courthouse in Tavares within approx- imately ninety days. -6- R! EASE PRINT OR TYPE 11 �< TO THE ZONING BOARD OF AD1 ,iNT �— OF THE CITY OF CLERMONT, FLURIDA// / APPLICANT L ll) 1/n IlP)c _I_ iL�CJ i ADDRESS: Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (x ), Move and Place ( ), a (sign) building G�on lot/s ZoT � ��/EdsT ��i. ZoT I//o Block Subdivision �'� 1 Bln;,<; Address 1/y�/ A)ATReS6 q77 Zone ' i Section of Code � 6, - 3 .�l 09 in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: }' Foo % i tN'C� Y F00% To y - - My appeal to your Board is based on my contention that this decision creates a i hardship on me for nthe rfollowing reasons, or reasons: /J { U hO�PGIiUc? V"eI /'y57- /zc ConJT9�c�ec� (/ r JRc/ Yo y //1 � ,, Q n / y� o [ (je�NPV�Y1' vNI3L�Cd �.1�.5/YvoxtJ' � SSE �J�So 7A:,4�7D 57Tc,Tt�i6iv7'.9NU Sev�n�(7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size Blq" x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any.variance is granted, construction of the strucxure must' be completed within one year from date of grant. Date: d Very truly yours, 5/17/77 LEGAL NOTICE, Pursuant to State Law notice is hereby given that the City Council of the City of Clermont, sitting na is Board of Adjustment, will hold a Public Hearing in the Council Chambers located on the corner of West Avenue and DeSoto Street on Tuesday, February 26, 1980 at approximately 7:30 p.m. to consider the following: A request by Mr. and Mrn. Lloyd 11. Bolick for a Variance to Article VII-Suction 26-32-a (RESTRICTIONS ON ERECTION OF FENCES AND HEDGES) of the Zoning Ordl-� nance In order to construct a fence on their property described na: Lot 8 and rest half of Lot 10 City Block 49 �� t (444 Montrose Street) In excess of the allowable height of. four fe t'"to the ` front lot line. All interested parties will be given an opport nity,to express their views on the matter: �} George`D. Forbes ✓ City, Managerl� ` +j February 21, 1980, 1 s PROPERTY OWNEIwOTIFIRD FOR BOLIEK VARIANCE It. iST John B. Schafer Stuart G. Cnmpbell 415 Mineola Avenue 457 Minneole Avenue Clermont Clermont Glenn C. Riggle Donald E. Rowe 622 Fourth Street P. 0. Box 525 Clermont Clermont George 11ovis 6 Billy M. Middlebrooks Leonard It. Baird, Jr. 632 Wellesley Drive P. 0. Box 848 Iiouston, Texas 77024 Clermont Rachel B. Stalnaker Roy L. Grose 403 Montrose 428 Montrose Clermont Clermont C. W. Brooks Clyde E. Flowers 429 Montrose P. 0. Box 913 Clermont Clermont First Baptist Church of Ira R. Ayers Clermont, Inc. 435 Minneola Avenue 498 Montrose Clermont Clermont Harvey E. Phelps Brattleboro Road Bernardston, MA 10337 'a � c..6� /=)ram • �I.ti,-�_ Fe, rc fi G FNC E Mrt/ A)clos� rd/ �iaa,�fy f1N� IorC f. 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Bolick 444 Montrose Street Clermont, FL 32711 Dear Mr. Bolick: This letter is to inform you that the City Council of the City of Clermont, at their regular meeting held February 12, 1980, denied your request for a varience to construct a fence 6' in height in the front yard of your property. Mr. Bolick, I appreciate your concern for your property. However, I trust you can understand the City's respon- sibility to the character of residential neighborhoods. Thank you for your cooperation, and if you have any questions, please feel free to contact me. I look forward to working with you in the future. Sincerely, George D. Forbes City Manager GDF:pm cc: Harvey Nagel LEGAL NOTICE Pursuant to State Law notice is hereby given that the City Council of the City of Clermont, sitting as a Board of Adjustmont, will hold a Public Hearing in the Council Chambers located on the corner_of Wost Avenue and DcSoto Street on Tuesday,Crebruary`) C2D 1980 at approximately 7:30 P.M. to considdi-the following: A request by Mr. and Mrs. Lloyd H. Boliek for a Variance to Article VII-Section 26-32-a (RESTRICTIONS ON ERECTION OF FENCES AND HEDGES) of the Zoning Ordi- nance in order to construct a fence on their property described as: Lot 8 and East half of Lot 10 City Block 49 (444 Montrose Street) in excess of the allowable height of four feet to the front lot line - All interested parties will be given an opportunity to express their views on the matter. Dolores W. Carroll, City Clerk City of Clermont, Florida February 7, 1980 REQUEST FOR VARFANCE 'JANUARY 28 19130 OWNER: Lloyd 11. and Nina D. Bolick APPLICANT: name PROPERTY; Lot B and Rant 1/2 of Lot 10, City Block 49 LOCATION: 444 Want• Montrose Street ZONING: 112 REQUEST: A fence height of G' in the front yard. COMMENTS: The Zoning Ordinance only allows fences up to 4' in height in the front yard. fences are allowed up to G' in height from the front building line to the rear property line. �j George D. Forbes - City Manager i Cl-r Y OF CLERMONY P.O, BOX 219 • CLEHMONT, FLORIDA 32711 • PHONE D04/394 4081 i`.. January 29, 1980 RE: LOT 8, EAST 1/2 OF LOT 10, BLOCK 49, CITY BLOCKS (444 WEST MONTROSE STREET) Dear As an abutting and/or adjacent property owner within 150' of the above iwntioned property, you will please be advised V of the attached described request for Variance that xhall be considered by the Clermont City IAnIc'LI, sitting as a Board of Adjustment, on 'Tuesday, February 12, 1980 at 7:30 P.M. in the Council Chambers. All such requests are considered in Public Hearing, and you are invited to be present to express your views on the matter. Sincerely, Q"- DOLORES W. CARROLL City Clerk DWG: js Attachment(s) I i I ,sue January 28, 1980 To Whom It• May Concern; Large 1<-9 Protective dog must be contained without failure. Sidewalk by front property line requires higher fence to prevent- any possibility of any person reaching over into the yard or gaining access to the yard by jumping a standard 4' fence. Lloyd H.Oboliek 1- Niha D. Bolick r,1..0::I+ I� 1 I i . I o ga 3' A'V jI I IU I ZV I JAI - I �I CERTIFIED CORRECT I ( PREPARED FOR INCDfiG Ofa/1 TED t10V/f RD DUf7G8P! I I I SCALE �s USE; C•i+ONht In .0 .:JflrlrUll iosa FUUO'/NDATI(h1t gDULD s s FINAL ADDE[r/71?7,1 II I DRAWN DI FILE NUNLEfi PLEASE PRINT OR TYPE TO THE ZONING BOARD OF AL �IENT - ! OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME•: 1,1oyd IL h Nina D, BoUvk ADDRESS: 444 Moneroae Street Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct (xx), Move and Place ( ), a (sign) building on lot/S ],at 8 and East 1/2 of Lot 10 , Block 49 Subdivision city Blocks Address 444 west Montrose Street ,Zone R2 Section of Code 26-32-a in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: G' fence permitted to front building line, 4' to property line. My appeal to your Board is based on my contention that this decision creates a- -- hardship on me for the following reason, or reasons: Reason and drawing attached. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 81s" x 14" minimum size. I submit that I qualify for this variance because I have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the.Council meeting at which time Variance will be considered. I also understand that when any.variance is granted, construction of the structure must be completed within one year from date of grant. Date: January 28, 1980 Very truly yours, s/ Lloyd B. Boliek s/ Nina D. Bolick 5/17/77 j 4 !'IIUPI'ICfY OWNI�Il6 N0f1N'f.lsl).6_011 B_1101JIK VARLANOIi REX)L:ki'P Jnlm B. Schafer Stuart• C. Campbell 415 Ml.nneol.a Avenue 457 Dtinnoo.ln Avenue Clermont Clermont Glenn C. Rl.gglo Ronald 1:. Rowe 622 Fourth Street p. 0. Box 525 Clermont Clermont George Hovis & Billy M. Middlebrooks Leonard H. Baird, Jr. 632 Wellesley Drive P. o. Box 848 Houston, Texan 77024 Clermont Raclin]. IS. Stalnukcr Roy L. Grose 403 Montrose 428 Montrose Clermont Clermont C. W. Brooks Clyde G. Flowers 429 Montrose P. 0. Box 913 Clermont Clermont First Baptist Church of - Ira R. Ayers Clermont, Inc. 435 Minneola Avenue 498 Montrose Clermont Clermont• Harvey R. Phelps Brattleboro Road Bernardston, MA 10337 4 ;4� Zoliel� P!'! 1, 11 A I' h ii I, I",, i I I I 1-: - 1, 1 DA. la >-4�v ✓ /tge,t OF 6 o'uCeRN -57-. 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I �- N.0025 21 W. 136.00 —� c .lJa.ae EI,IJ9.3'v icl..lax.30 +rcl na WOODLAND . AVENUE ,ry i 'C IiliQUSST Volt VARIANCE January 24, 1980 OWNER: Sumerox Fliginecring Corporation APPLICANT: Same PROPERTY: Leta 18, 19, 23, N40' of Lots .1.0, 11, 5110' of W20' of: Lot 11, elock 4, Sunset Ileights Subdivision LOCA77.ON: orange Avenue ZONING: 11-2 Two Family REQUEST: Lot width variance from 50' required, to 24' in order to place two duplexes on this property. COMMENTS: This is the same property in which a variance was requested for three duplexes a few weeks ago. This project meets or exceeds all other requirements of the Zoning Ordinance with the exception of lot frontage. The entrance for both Units would be from Orange Ave., and I believe that the owners have made every effort to eliminate the concerns of the abutting property owners that was discussed at the last public hearing for this property.- - - - ----- '- -' i George D. Forbes - City Manager GDF:pm PLEASE PRINT OR TYPE TO THE ZONING BOARD OF AuvoSTMENT OF THE CITY OF CLERMONT, FLORIDA APPLICANT NAME: SUMEREX ENGINEERING CORP. ADDRESS:P. 0. Box 608, Potsdam, N.Y. 13076 Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, I hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby I was refused permission to: Repair ( ), Add to ( ), Alter ( ), Construct ( X), Move and Place ( ), a Q%*%) building on lot/s 18 19 23 N40' 10 & 11, 5110' of W20'11 Block 4 Subdivision SUNSET HEIGHTS , Address Orange Ave., Clermont ,Zone Section of Code 26-22 (c) (2) in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Inadequate lot frontage. My appeal to your Board is based on my contention that this decision creates a - hardship on me for the following reason, or reasons: Due to the irregular shape of the lot, we would be deprived of a reasonable use of the property unless a variance was granted. Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size B�" x 14" minimum size. I submit that I qualify for this variance because I.have an exceptional and unique hardship on my particular parcel of land that is not shared by property owners in my area. A strict application of the zoning ordinance deprives me of the reasonable use of my land and the granting of this variance will not alter the essential character of the area. I have been notified that this Variance Application must be filed with the City Clerk no later than 5:00 P.M. on Friday, two (2) weeks prior to the Council meeting at which time Variance will be considered. I also understand that when any variance is granted, construction. of the structure must be completed within one year from date of.grant. Date: January 24, 1980 Very tr ly yours, SUMERE ENGINEERING CORP. THOMAS LIDOS 5/17/77 NJ, 8 9 - L9-S2 "E. Io0R/w OAbC STREET CE DESCRIPTION ; LOTS 18 , 19 , 23 , THE NORTW 4d Fr OF LC lO �Ilb 1 1, AN.D t`I-IE SO-!�"-� I to FEET OF -INl' WG5`r 2C EC I OF LO'r I I , IQ BLOCK �l. , 5uj" -"r ut I<,I-ors, CIT`Y;c c=LCR1iONr as RF_COitl�1 _V ,� 1 i- LLir e.C'OK RLzCORDS OF LAVn COUIJ`rY, FLOk1D& NOTE: m = K'OUND [ROW PIPE \' O = .SEi" 16ZOW DI PS CITY OF CL.ERM©NT '! P.O. BOX 219. CLERMONT, I: LOR IDA 32711 . PI ION 904/334.4001 February 1, 1980 RE: LOTS 18, 19, 23, NORTH 40' OF LOTS 10, 11, SOUTH 110' OF WEST 20' OF LOT 11, BLOCK 4, SUNSET 11EIGIITS (Orange Avenue) Dear As an abutting and/or adjacent property owner within 150' of the above mentioned property, you will please be advised of the attached described request for Variance that shall be considered by the Clermont City Council, sitting as a Board of Adjustment, on Tuesday, February 12, 1980 at P 7:30 P.N. in the Council Chambers. All such requests are considered in Public Rearing, and you are invited to be present to express your views on the matter. Sincerely, DOLORES W. CARROLL City Clerk DWC:js Attachment(s) PROPERTY OWNERS NOTIFIED FOR SUMEREX ENGINEERING CORP. VARIANCE Marian A. Bell, et al Miriam M. Conboy P. O. Box 593 223 Second Street Clermont Clermont Chester I. Frederick, Sr. Mrs. Lottic Baker 234 East Avenue 199 Orange Avenue Clermont Clermont Roger W. Test Thomas E. Mohan 268 East Avenue 189 Orange Avenue Clermont Clermont Irvin B. Crews Lem V. Shepard 565 Camp Branch Road 278 East Avenue Waynesville, N.C. 28786 Clermont George Rudd Calvin Hettinger 144 Oak Street 149 Orange Avenue Clermont Clermont Charles C. Paul Robert P. 2oppi, Jr. 158 Oak Street 156 Orange Avenue Clermont Clermont James R. Snover and Daniel J. Westbrook Myrtle M. Pelkey 164 Orange Avenue 196-198 Oak Street Clermont Ann M. Belt 180 Orange Avenue Emory Godwin Clermont . 235 Second Street Margie Bedsole Yarborough Clermont 192 Orange Avenue Clermont CITY OF CLERMIONT r P.O. 90X 210 CLERMONT, FLORIDA 32711 • PHONE 904/394.40B1 January 30, 1980 Mr. 11:omas Liddell Sumarox Engineering Corporation P. 0. Box 608 Potsdam, N.Y. 13076 Dear Mr. Liddell• Please be advised that the City Council, sitting as a Board of Adjustment in Public Hearing, shall consider your request for a variance to the Zoning Ordinance at their regular meeting to be held on Tuesday, February 12, 1980 at approximately 7:30 P.M. in the City Council Chambers, located at the corner of West Avenue and Desoto Street (Police and Fire Building). It is necessary that you or your representative be present at this meeting in support of your request. Sincerely, Dolores W. Carr'oll City Clerk ✓ DWC:ja xc: Dennis Horton, Attorney -At -Law Arlift AO CITY OF CLERMONT P.O. BOX 210 • CLERMONT, FLORIDA 32711 •PHONE 004/304•4001 i January 30, 1980 Mr. Lloyd It. Bolick 444 Montrose Street Clermont, Florida 32711 Door Mr. Bolick: Plense be advised that the City Council, sitting as a Board of Adjustment in Public Hearing, shall consider your request for a variance to the Zoning Ordinance at their regular meeting to be held on Tuesday, February 12, 1980 at approximately 7:30 P.M. in the City Council Chambers, located on the corner of West Avenue and -- DeSoto Street (Police and Fire Building). It is necessary that you or your representative be present at this meeting in support of your request. Sincerely, Dolores W. ✓ #roll City Clerk DWC:js J m m n m (� m z �� 0 c) r ii (1 TI p 0 w 1 00 � 1., U V T( Z O _ U N zo �xT=r -I z I U A CA Lp r f U I m ooj fq LP D { L Z IA ------ A a 0 vLO= 0 Cf) W r( i fFl 0 aZx. i— m z = C) C c m v -< UFT U A w Lq o A �Ufill� L Sp X ITt (1 Q = o N m ��Nf U) Z _ pp{ > m Fnn m X O z C1? U cjj 01 N _� n CA Z (A oo L1 0 co n n January 10, 1980 I�{ Mr. Thomas Mauchly, President I`r\J�JV j oorfng Corporation P. lJ P. 0. Box 608 Potsdam, N.Y. 13076 Dear 11r. Mauchly: Please be advised that the City Council, at their regular meeting hold January 8, 1980, denied your request for multiple variances In order to con- struct three duplexes on your property In Sunset Heights Subdivision. Sincerely, George D. Forbes City Manager GDF:Js xc: Building Official Dennis Horton Attorney -at -Law 609 Montrose Street Clermont, FL 32711 CITY OF ICILERMONT P.0, BOX 2.19 • CLERMONT, FLORIDA 32711 r PHONE 0041394 4001 Februnry 14, 1980 Sumerex Engineering Corporation ' P. O. Box 608 Potsdam, New York 1307E } Dear Mr. Liddell: This letter is to inform you that t1:e City Council of the City of Clermont, at their regular meeting held February 12, 1980, approved your request for a lot width variance in order to con- struct two duplexes on your property described as: Lots 18, 19, 23; N40' Lots 10, 11; Block 4, Sunset Heights Subdivision. How- ever, the variance is based on two conditions: one is that the j driveway entrances to this property only be constructed from Orange Ave., and the second is that this property not be divided - - in a manner that would violate the City's zoning ordinance. Your I written acceptance of these conditions and proof of convenant must I be prepared before a building petmit can be issued for this pro- ject. You can proceed with this project by applying for a building permit at City Hall. Also, please remember that all variances ex- pire one year from the date of approval. Thank you for your cooperation, and if you have any questions, j please feel free to contact me. I look forward to working with you. r Sincerely, George D. Forbes City Manager t GDF:pm cc: Harvey Nagel LEGAL NOTICE Pursuant to State Law notice is hereby givon that the City Council of the City of• Clermont sitting as a Board of Adjustment, will hold a Public Hearing in the Council Chambers located on the corner of We t Avenue and DeSoto Streets on Tuesday, Pe6ruar 1`2� 1980 at approximately 7:30 P.M. to consrder the following: A request by Thomas Liddell, dba Sumerex Engineering Corporation, for a Variance to Section 26-22 (C) (2) (R2 MEDIUM DENSITY RESIDENTIAL DISTRICT -LOT FRONTAGE) of the Zoning ordinance in order to construct a building on their property described as: Lots 18, 19, 23; N 40' Lots 10, 11; S 110' of W 20' Lot 11; Block 4 Sunset Heights Subdivision All interested parties will be given an opportunity to express their views on the matter. Dolores W. 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