12-05-1983 Supporting DocumentsCITY OP CGRRAIONT
MINUTES
SPECIAL MEETING
December 5, 1.983
A Spoc,i.al Mooting of the City Council of: the City of Cl.ormont• was
hold in the City Hall Conference Room on Monday, December 5, 1983.
The Mooting wars called to order at 6:00 p.m. by Mayor Beals with
the following Council. Members in attendance: Council Member Cole,
Council Member Dupee, and Council Member. Turville. Other City
Officials present were: City Attorney Baird, City Clerk Saunders,
and Chief of Police Tyndall.
Mayor Beals explained that the purpose of this meeting was to pre-
pare the Ballot Box for the General Election to be held on Tuesday,
December 6, 1983. City Clerk Saunders explained the materials
needed for the election.
83-207 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE,
SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED THAT THE
BALLOT BOX BE DECLARED IN ORDER AND THAT IT BE TURNED OVER TO THE
CHIEF OF POLICE, ALONG WITH THE REGISTRATION ROLLS OF THE CITY Or
CLERMONT FOR DELIVERY TO THE CLERK OF THE ELECTION ON THE MORNING
OF THE ELECTION.
There being no further business, the meeting adjourned at 6:10 p.m.
CHARLES B. BEALS, MAYOR
ATTEST:
X�/� .. YJ"GL/.NY�e.Lo_J
WA N SAUNDERS, CITY CLERK
Memo to: City Council.
From: City Manager
Subject: Weekly Memo
Date: November 18, 1903
HOLIDAY
Next Thursday is Thanksgiving and City Hall will be closed
Thursday and Friday for the Iiolidny.
GARBAGE COLLECTION
Garbage collection for the Thankngiving Holiday has been revised.
Refuse normally collected on Thursday will be picked up on Wed-
nesday. Monday, 'Tuesday, and Fri.day's collection will remain
unchanged.
SPECIAL MEETINGS FOR ELECTION
Please remember that two Special Meetings are required for the
City Election. The first meeting is to prepare the Ballot Box
and this meeting could be held at 5:00 p.m. on Monday,_ December _.
5, 1983. The second Special Meeting is to canvass the Ballot
which could be held on Wednesday, December 7th at 8:00 a.m.
Council direction on this matter is requested.
SPRAYFIELD HAY CROP
if there are no Council objections, I will be placing ads in area
newspapers as well as dairy and cattlemen's publications request-
ing proposals for the City's hay crop.
BUILDING OFFICIAL'S VEHICLE
For several months we have not had a vehicle for the Building
Official. We have checked the State Contract for K Cars and
found that new cars can be purchased for about $7,800 although
it may take 60-120 days for them to arrive. In order to avoid
the expense of renting a car, it may be advisable to accept a
proposal for a K Car demonstrator that is being offered by the
dealer who has the State Contract for them. (Attached). You
may recall that this item was previously bid, but that all bids
were rejected until the State Contracts were awarded and the
appropriate dealer contacted. Council direction is requested.
I would also like to discuss the purchase of Police and Utility
Department vehicles which are budgeted at 'Tuesday's Meeting.
COOPER MEMORIAL LIBRARY
Enclosed is the Financial Report and a copy of the Minutes of
Page -2-
Weekly Memo
November 10, 1983
the Cooper Memorial Library Board Mect ng. The library received
notification that its grant application to expand the existing
building has been approved.
OPAL BAILEY
Enclosed is a letter from Opal Bailey concerning property she
owns between Minnehaha Avenue and Lakeshore Drive. The City's
maps show that the right-of-way for Eleventh Street (the street•
is not open) exists and has never been closed between Minnohaha
and Lakeshore Drive. Mrs. Bailey claims that she owns this
property, and that the Eleventh Street ROW does not• exist. In order
to avoid a lengthly dispute on this matter, I would recommend
we allow Mrs. Bailey to put her fence back across the ROW with
the understanding that if the street was opened, the fence would
have to be torn down. I will further explain this matter at our
meeting. Council direction is requested.
CITY ATTORNEY
You may recall an article which was enclosed with a Weekly Memo
several weeks ago that discussed the role of the City Attorney,
and how we cannot expect him to be an expert on every matter. I
have discussed some specialized areas I would like researched with
Mr. Baird, and if there is no Council objection, either the City
Attorney or I may occasionally consult with attorneys in special-
ized areas.
Sincerely,
CITY OF CLERMONT
GEORGE D. FORBES
City Manager
GDF:jmb
Enclosure
mUl
RECEIVED Nair 1 81983
!Invemher• I� , 19't3
lir. tiagIn
City of Clermont
P. 0. Box 219
Clermont, Florida 32711
Dear Mr, Nagle:
Per our phone conversation today, en: would like to offer
you a 19113 Dodge Aries 4 door sedan with 4 cylinder 2.2
liter engine, automatic transmission, power steering,
power brakes, tinted glass, air conditioning, AI/FM radio.
This car is white with blue vinyl interior. Thr mileage
is 11,474 miles. The power train warranty is in effect
until llovember 3, 1984 or to 24,Oo0 miles, whichever comes
first, with a 5100 deductabl0.
You can purchase this vehicle for "t,900 or you may rent
it for $350 per month, with a Jun mile drive allowance
per month.
If you have any questions, please do not hesitate to con-
tact me at 904-255-0571. Thank you.
Very truly yours,
Wl Pr..4000Y. DODGE, INC.
David (lush
fleet 'tanager•
•lusia Avenue • Daytona Beach, Florida 32014 (904) 2550571
Ch:,r:'tr,n't• ;SU'}:or Liul;;e
11ov.1,1th,19F33
City ..,uiager
C7.er:!urb,:'lol:•1da. �'711
Jnar ::r :'orbon;
T'irtn',c ;/ ju ."ov ;`uu:' :Lott:r dated Uct.19th 19,93.conccrn'in;; my =00
-orty I o';;n on rtocoaootl ,lvo end minnehaha.
You a'tatrd in your' Lrttor that this •.ran a 1r. al :aattor,and that 'the
Cit;,r ,rt'torncy /ould. revi;, ::nl i.nveotl;,ate Vie rta'ttnr. as to dais I haves
not 1v;ard rely 'VAI.ar i.n ;:u',; to the r,�viow or inroa'ti;;ation.
t.:. once ai,;ai!1 I im ;:••'.::in;; :or a 1c-al p_r.:t:lt to ro-:install my force
1' -tiairl :for the D rice b,)in�; put up,and whet one of the City employee's
or(lcred 'mo to 'talc:; it (1o'an,I aid. Luaodiatoly and paid for it bcin�; 'taken
dorm. r
Tbn_ riacons for t11, fence it, .lany- all atl/ ix no troapasaing ❑ignn to
t'.o otitrance 'to ny ;;ro✓.. ':nv. been torn down dial takca array,I have no vray
e:" :!y fr1Ct.1; "i').'i '):Ari.`; ',)iolvA and taicen,tais ;Ian 't11e main xn=a
roasoa I 'iad _iy _' once i na bnl'. ;1 in i> bruary 1975,since thon my loss has
boon teat.
:ilso I 1 earned fro.i the l'olice ilcpt.tllat the di ,oink over in the
,�rovn ':raich caused ao 'utcll conee rn vaas Mono by caildron.
Thu only entrance to ;uy drove a.rld to -the cnn;,1 is uliere I had 'LLo xg
take do al the :n.cr.,'t'cr:; '::vo no Oyler access to tho ;;rove or to the _
Canal only throu h .racr I ::ad to 1:avo ;,iy 'ieulee removed.
Jorr if you .rill not por; it no to ro-inotall my fenco,I am asking
the City to but up a Lonce 1;',at .rill k op children out,if a child
dromv; am in the canal or 1oens its life by boiny bit.by one of the
many poisonous snakes t:latlive in the :.enroll land and 3rovox.Thc City
I,,; going 'to be rcaponnibla,and not me,and the child could be.youas,
or my o;rn Lrand child, or my o;rn child.co once again I an pleading
ws a tax payer and ciThizen of Clermont That something be done now.
Lir Forbos I thank you !"or your patiencd and concern in this matter
and I do apprecia'tc all you do for rae,please let etc hear from you in
rc., rds 'to tit: above subjects,
�'Illce-r,1]_y P r
G,
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;U,O1 ai eyr 3ai cy.Zsss���
Copy to IfIr I•Iagel.
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Menlo Lo: C t ty Counel.l.
From: City Mnnarjur
Subject: Tuenday's Mooting
Date: November 17, 1983
The Regular Council Meeting will. be held next Tuesday, November 22nd
in the Council Chambers. The following items are on the agenda for
this meeting:
OLD DUSINESS
CLERMONT HOTEL
On September 27th, 1.983 the City Council voted unanimously to delay
progress on our lawsuit for sixty days in order to give our attorney
time to negotiate a settlement on the building. Enclosed is the
September 29th letter Mr. Morrison sent to the owners concerning
this matter. I will give an update on any progress at Tuesday's
meeting.
REQUEST FOR VARIANCE - 1719 FIRST STREET
At the August 23, 1983 Council Meeting, the variance request by
Gerald Smith was tabled for 90 days in order to allow him time to
obtain a survey of his property.
Mr. Smith requested a variance from the side yard requirements of
the Zoning Ordinance in order to construct a second story deck.
Mr. Smith began the construction of this deck without a building
permit. The side yard setback requirement in an R-lA Zone is nine
feet, and the proposed deck encroaches three feet into the required
side yard. (See enclosed memo and site plan).
To date Mr. Smith has not provided a survey or responded to a
November 1, 1983 letter reminding him of the need for the survey, and
that this matter would be on the agenda of the November 22nd Meeting.
AGREEMENTS FOR LEASE OF JENKINS AUDITORIUM OFFICES
The Chamber of Commerce lease for the offices in Jenkins Auditorium
terminates on December 31, 1983. As discussed at the November 8th
Council Meeting, the Chamber has requested to use two offices, and
the Lake County Council on Aging wants to operate a Senior Citizens'
Center from the Kiwanis Room.
Enclosed are the proposed lease agreements with both of these
agencies. The leases are for a one year period. Please carefully
review these agreements.
RESOLUTION NO. 458 - CUP FOR W.G. MANAGEMENT
On June 14, 1983 the City Council granted W.G. Management permission
Page -2-
Tuesday's Council. Mooting
November 17, 1983
to construct• 32 units on property ;just north of Grandview Apartments.
W.G. Management now wishes to modify their nito plan since they have
changed the design of their buildings. No additional units are being
requested. The revised site plan is enclosed, na is Resolution No.
450 which authorizes this revision and could be adopted.
NEW BUSINESS
DID AWARD - ROOKS ROAD CITRUS
The City Council has requested bids for the cash bulk sale of fruit
in groves owned by the City and located about three miles west of
the City Limits on Nooks Road. The citrus trees are located on
the buffer strip around the spray irrigat•i.on site which is presently
under construction.
The trees consist of approximately 507 Honey Tangerines, 90 Orlando
Tangerines, and 130 Dancey Tangerines. Proposals will be opened
next Tuesday at 11:30 a.m. I will bring the bids to the Council
Meeting for your consideration.
INTRODUCTION OF ORDINANCE NO. 237-C CEMETERIES
The City's present Cemetery Ordinance was adopted 22 years ago (1961)
and should be updated. Enclosed is one copy of the proposed ordi-
nance and a copy of the existing ordinance. Notes have been placed -.-.-<-=
on the existing ordinance to show the changes.
If this proposed ordinance is adopted, it would:
1. Delete references to a Parks Committee since it no longer
operates the cemetery.
2. Delete references to the Council appointing a Cemetery
Superintendent; the cemetery is now maintained by
the Public works Department.
3. Require that 100% of the proceeds from cemetery lot sales
go into the Perpetual Care Fund. Presently only 25% of the
funds from resident lot sales and 62% from non resident lot
sales go into the fund. This change is requested in order
to build the amount of money in the Perpetual Care Fund so
that in the future interest from the fund will pay for the
annual cost of cemetery care and maintenance.
Please review the proposed ordinance, and contact me if you have
any questions.
INTRODUCTION OF ORDINANCE NO. 238-C GARBAGE AND TRASH DISPOSAL
The City's Ordinance on garbage and trash disposal was first adopted in
1957 and should be updated to reflect the current practices of the City.
Pago -3-
Tuesday's Council Meeting
November 17, 1983
Enclosed is the proposed ordinance along with a copy of the exiliting
ordinance which shows the proposed changes.
If adopted, the proposed ordinance would:
1. Change the definition of "Director" to Public Works Director
instead of Street Superintendent.
2. Change the exception to allow actual producers to collect their
own garbage by requiring City Council approval of the practice.
3. Delete many provisions for extra fees which the public Works
Director may charge for collection.
A. Clarify provisions on limitation of quantity. Instead of using
the term resonable amounts of refuse it defines the term reason-
able as being 60 gallons of garbage (two 30 gallon cans), and
not more than 50 pounds of trash. This provision is designed
to eliminate huge piles of trash that some people expect the
City to collect.
5. Delete many references to fees and billings since the fee pro-
visions are obsolete.
Please review the proposed ordinance and contact me if you have any
questions.
BUDGET AMENDMENT FOR ENCUMBRANCES
Enclosed is a memo from the Finance Director regarding a budget amendment
for encumbrances as of September 30, 1983. These items were authorized
during the 1982-1983 Fiscal Year but were not expended until this fiscal
year. This is a routine process each year which enables the City to
comply with State accounting guidelines. Many items are ordered late in
the fiscal year but not paid for until the following fiscal year.
The Council could authorize a budget amendment pursuant to the Finance
Director's Memo dated November 17, 1963. If you have any questions on
these items, please contact Finance Director Saunders or me.
Sincerely,
CITY OF CLERMONT
C.
GEORGE D. FORBES
City Manager
GDF:jmb
Enclosures
1 �ECCIV�� SEP 3 01983
Mc:LIN, 13111IN IM, D1AVA111,11 tt DiOuul:•ON
IOunasnrn onnl' Mlnurl n�non
A'1'roltNMVH AND AT LAW
Innll 11'I:n'r MAIN S IIIAT
LIiI:HIIUItU' itLQItrUA .L'7dU•1T17 I'IXAMI IMPLY 1111
1'UNT nl'1'ICI! I111AN'IIIt MOP'
A 1:11.11 n. !I'I.I l:. 111
' Ill;l�l:l' 111'llN'i I:II ANVA C UI: .1l11
'1'lil.l; I'In IN I: 711]• Itl11
NIAN1.1:Y V. !IAIIn111.1:
1'11:11 A. aomnsoN September 7.9, 19a3
.i11<I'111I9 ". dUp NYIN
v1N 1. MIMIN
William II. Stone, Esquire
Post- Office Box 520
Clermont, rlorida 32711
Re: Ciermonc Hotel
Dear Bill:
At the meeting on September 27, the City Council discussed the matter of the
Clermont Hotel. With Councilman Poole abstaining due to conflict of interest, it
was the unanimous consensus of the remaining Council Members for that at least for
the time being, until the matter of who will hold possession of the hotel ultimate-
ly is determined, it might be best for the City to forego vigorous pursuit of the
litigation concerning the hotel.
in that connection, the Council voted unamiously to hold the progress of the lawsuit
in abeyance for six months from the dab.:, of the September 27 meeting, if the
following events occur within 60 days:
1. The Weber Trust must obtain possession of the hotel either by finalizing a
settlement with Nick Buttitta so that the Trust takes permanent possession of the
property or by obtaining permission from Buttitta and the Bankruptcy Court to take
custodial possession of the hotel on a temporary basis.
2. After possession of the building is obtained, all debris and trash would
have to be removed from the building, and the building would have to be secured
against entry by transients. When t toured the building, it appeared to me that
people had been living there much more recently than the date on which Buttitta
closed the hotel down and turned out the residents. The building is somewhat- well
secured now, but there are areas which need additional attention.
3. The exterior of the building would have to be cleaned and painted, in order
to contribute to a more sightly appearance.
4. The old carport in the rear of the building will have to be removed, and
the yard and the ground will have to be mowed and cleaned up, and kept in good,
clean condition thereafter.
5. The substandard electrical wiring system and the equally substandard pltnnb-
ing system will have to be removed from the building. Councilman Turville, who made
William Ii, stone, Esquire
Septombor 29', 1903
Pago We
the motion, was emphatically clear that this meant more than just disconnecting
the systems from outside service, rather it referred directly to the removal of
these systems from the building. The building officials of the City have indicated
that the systems are so run dam and so in need of extensive repair, that removal
should not present a problem as to any future use of the building, since the entire
electrical and plumbing system would have to be replaced or overhauled anyway.
Of course, the Weber Trust would be under a continuing obligation to see that the
building is kept secured and cleaned up. The idea of sitting back for a while was
not at all popular with the Council, but I think they realized that no progress can
be made until someone acquires the building who has a more permanent interest than
Nick Buttitta, who is looking only to unload it on anyone he can. Hopefully,
within the six month period, Buttitta will get his financial affairs settled in the
Bankruptcy Court, and someone else will come into possession of the building. At
that point, presumably the City can work with that new owner regarding potential
future use for the building, and the problem can be alleviated on a cooperative
basis, rather than through litigation.
I understand you are going to meet with Mr. BuL•titta or his attorneys in the near
future, to discuss whether any accomodation can be reached with them. I would
appreciate it if you could let me know the outcome of those meetings, and whether
your clients will be in a position to accept the proposal by the City Council, and
are willing to do so. Should you have any questions concerning the proposal,
please do not hesitate to contact me.
Yours truly,
FRM A. MORRISON
FAM:klo
cc: Mr. George Forbes,
City of Clermont
011NLR; Gerald A. SmiLh
,v•�'I.1rnN•r: Owns r
I'ItuPNlt9'y; I,ot 159, Orange Parl',
LOCA'l'ION: 1719 I'i.rsL 9Lruat.
7,ONINn; R-1--A
ItfQlll{S'I•; Variance from side yard roquirunenL of: ni.nc feet. A dock
has been constructed which encroaches, three facet into
the side yard setback, leaving only a six foot side yard.
CWNENTS: This decic t•,as constructed wi thuul. ,i bui.1di.ng permit. At
Cho ti.nu, the owner was notifiod of HIP violnt-ion he oh-
taincd a building perm.iL whi.ch required him to alter- ___._
the clock to moot the side yard requirement. I'hc owner
now wishes to leave the dcCIi ,is it is.
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Memo to: City Man Pr S
From: Finance Director
--� Subject: Budget Amendment for Encumbrances
Date: November 17, 1983
The following items should be included in a budget amendment to the
1983-1984 budget. These are items encumbered in the
previous year
but not invoiced or received until the current year.
Account 1101-570-572-4610
Recreation - Repair and Maintenance Buildings
$3,541.00
Highlander Flut Improvements
Account #01-570-572-4640
Recreation - Repair and Maintenance Parks
$2,950.00
Resurfacing Shuffleboard Courts
Account #01-530-539-4610
$3,329.78
Repair and Maintenance Buildings
Remodeling Building at 8th & Minneola (Beauty Shop)
Account #01570-572-4610
$ 88.64
Repair and Maintenance Buildings
Supplies
- Account #01-510-513-4610
$ 31.41
$ 40.84
Account #01-520-521-4610
$ 12.56
Account #01-530-539-4610
Repair and Maintenance Buildings
Supplies
Account #01-520-522-4600
$ 5.87
$ 27.72
Account #01-570-572-4640
Repair and Maintenance
Supplies
Account #01-540-541-5240
$ 659.48
Minor Equipment
Target Saw
Account #41-530-533-1200
$8,603.99
Salaries
Temporary Employees for Water System Changes
(Previously authorized at 9-14-83 Council Meeting)
Account #01-540-541-6300
$3,400.00
Capital Outlay
Streets
Unused portion for paving authorized in 1982-83 Budget
Sincerely,
WA SAUNDERS
Finance Director
WS:jmb
FORM 4
h..IMORANDUM OF VOI ...'j
CONFLICT
aAl{'r NAME ^ YIRfI'1' NAME •- N MIUULE t1AE
Pool, Robert
AU RNUY Ir unit al:
, . -_. OCCURREDR.._-__. .
DATE ON WIIILII YOTE OLOVEU
11-22 83 I
UAILIHO AUURF..OE
NAMEO►PEI(SON RKCOUlifW MINUTEN
1464 East Avenue
❑COUNTY
Julie M. Brandt
-
_
COUNTY'
TIT LL UY Ph1lUONBRCORDINOMINU3'149
Clermont
32711 Lake
®MUNIDIPALITY
Deputy City Clerk
NAME O► AUV.NCY ---------
SPRCIVY
City of Clermont
QOTHER
MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes §J12.3143 (1979) �
If you have voted In your official capacity upon ally measure In which you had a personal, private, ur professional Interest which Inures to
your spacial private gain or the special private gain of any principal by whom you Bra retained, please disclose the nature of your Interest
below.
1. Description of Lire (natter upon which you voted hn your ulf;clal capacity:
Mr. Pool abstained from voting on the matter of the Clermont Hotel
due to 1/4 interest' in the building.
2. Description of the personal, private, or professional interest you have in the above matter which Inures to your special private gain Or -
the special private gain of any principal by whom you are retained:
Mr. Pool is one of the mortgage holders of the Clermont Hotel.
I
i
3. Person or principal to whom the special gain described above will inure:
u.® Yourseir b.❑ Principal by whom you are retained:
(NAME)
•IIUN A7'U KE DATE ON WHICH FORM d WAS PILED WITH THE PERSON
KESPONSIOLE VOR RRCORDINO MINUTES OF THE MEETING AT
WHICH THE VOTE OCCURRED:
Robert Pool ��w�_
FILING INSTRUCTIONS
This memorandum must be filed within fifteen (16) days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting, who shell incorporate the memorandum in the meeting minutes. This form need not be
filed merely to hidicate the absence or a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict
Of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above.
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES a 112.317 (1970), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES
GROUNDS Volt AND MAY OR PUNISHED BY ONE OR MORE OP THE FOLLOWING, IMPEACHMENT, REMOVAL OR SUSPENSION PROM OFFICE
OR EMPLOYMENT. DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 05.000.
F. FORM d • REV. 19.79