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08-09-1983 Supporting DocumentsCITY 0! CLFRdlONT MINUTES REGULAR COUNCIL MEETING August 9, 1.983 A Regular Meeting of the City Council of: the City of Clermont was held Tuesday, August 9, 1983 in the Council Chambers. The Meeting was called to order at 7:30 p.m. by Mayor Beals with the following Council Members in attendance: Mayor Pro Tom Pool, Council. Member T.'urville, Council Member Cole, and Council Member Dupee. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Director Saunders, and Deputy City Clerk Brandt. The Invocation was offered by City Manager Forbes, followed by the repeating of the Pledge of Allegiance to the Flag by all present. MINUTES The Minutes of the Regular Meeting held July 26, 1983, the Workshop Meeting held July 27, 1983, and the Workshop Meeting held August 4, 1983 were approved as presented. CITY MANAGER'S REPORT EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL City Manager Forbes reported that the East Central Florida Regional Planning Council was forming a Tax Study Advisory Committee to study the impact of Proposition 1 on local government, and had asked for nominations to the Committee. Mr. Forbes made a recommendation to nominate Finance Director Saunders as the City of Clermont's repre- sentative to serve on the Tax Study Advisory Committee. It was the consensus of the Council to have Mr. Saunders serve in that capacity. SBA GRANT FOR LANDSCAPING It was reported that a small Business Administration (SBA) Grant for $3,500 was available to the City. The grant would allow the City to rehabilitate and develop its parks, recreational areas, and other publicly owned lands. Mr. Forbes stated that the money would be used to purchase trees and shrubs for City owned property, and Mr. Bob Smythe, with assistance from the Clermont Garden Club, and Parks and Recreation Board, would oversee the project. Mr. Forbes stated that if there were no problems with this, he would like to execute the agreement with the County for the grant money. It was discussed that some larger trees should be planted, and the landscaping of the well 83-125 site on Minnehaha should be completed. A^MOTION WAS MADE BY COUNCIL nTrMnfI RT.V CARRIED RADIO SYSTEM REFLECTOR City Manager Forbes reported that as outlined in his memo to the Council, if there were no objections, he would like to take $176.30 from Contingencies to purchase and install a reflector on our radio system to help curtail our transmission interference in Volusia County. It was the consensus of the Council to purchase and install the device at a cost of $176.30 with funds from Contingencies. JAYCEE BEACH BOAT RAMP IMPROVEMENTS It was reported that the County had completed improvements to the Jaycee Beach Boat Ramp and billed the City $3,313 for its share of the work. Also, ten shuffleboard courts at Kehler Park will be repainted at a cost of $3,000. As discussed during the August 2, 1983 Workshop, both payments would be made from the Recreation Capital Outlay Account. After some discussion, it was the consensus of the Council to pay both amounts, with funds coming from the Recreation Capital Outlay Account. CENTER LAKE WEED CONTROL Pursuant to the August 4, 1983 Workshop Meeting at Center Lake, City Manager Forbes stated that if there were no Council objections, he would . CITY OR ChPRAIONT 0 MINUTES REGULAR COUNCIL MEETING August 9, 1,983 Page 2 like to hire a company to mow the. cattails and harvest the floating woods in Center Lake. Council Member Turvillo stated that it was his understanding that the torpedo grass near the shorol.ino would not be cut, and explained that shorelino vegetation such as cattails and torpedo grans were beneficial because they lowered the nutrient level of the lake naturally. Mr. Forbes stated that he knew of only one company in Lake County that did this kind of work. However, an ad would be placed in the Orlando Sentinel asking for bids on the work. After some discussion, it was the consensus of the Council to proceed with the bids for the work at Center Lake. RUFUS SULLIVAN REQUEST PERMISSION TO CUT CATTAILS It was reported that a letter had been received from Mr. Rufus Sullivan asking permission to cut cattails on East Lake swhich iobsne truct the eimming wview in front of his property. The City policy on as reviewed, and it was discussed that if permission were granted, Mr. Sullivan could not pull the cattails out by the roots. After some discussion, it was the consensus of the Council to have Mr. Forbes send Mr. Sullivan a .letter outlining the City's policy on shoreline vegetation and granting permission to trim (not pull out by the roots) cattails in front of his property on East Lake. CITY ATTORNEY'S REPORT HOOKS ROAD EASEMENT AND CONDEMNATION City Attorney Baird referred to a letter he had sent to the Council re- garding his negotiations with Mrs. Marilyn Langley for an easement on her property on Hooks Road and the condemnation proceedings against her property on Lakeshore Drive. He stated that the following settlement had been tentatively reached: (1) Mrs. Langley would allow the City to burn down the home on Lakeshore Drive as a training drill, (2) she would convey an easement to the City along Hooks Road, and (3) the City would pay Mrs. Langley $1,000 compensation for the easement. Mr. Baird asked Council permission to proceed with this settlement. 83-126 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER POOL, AND UNANIMOUSLY CARRIEDTFORTCITYmm�D COUNCIL MEMBER DUPEE'S REPORT Council Member Dupee stated that the Lake Water Authority was proposing to raise its millage from .04 to .50 mills. The increased millage was needed to raise one million dollars to build two water control structures She stated that this was a large increase, and the City should keep care- ful watch on the Agency's budget hearings. COUNCIL MEMBER POOL'S REPORT Council Member Pool reported that at the corner of Chestnut and West Streets a tree overhangs the south side of the road and obstructs vision to the west. VISITORS WITH BUSINESS RESOLUTION NO. 440 CONDITIONAL USE PERMIT FOR 770 WEST MONTROSE STREET Mayor Beals reported that Mr. and Mrs. Richard Barton had requested a CUP to operate a custom cabinetmaking/woodworking shop at 770 West Montrose Street. Manufacturing is a conditional use in general com- mercial zone, provided that such business employees fewer than five persons and is incidental and complimentary to and in conjunction with a retail business or service. On August 2, 1983 the Planning and Zoning Commission recommended that the CUP be granted, subject to the nine conditions listed in Resolution No. 440. ® CITY OP CLRRAIONT MINUTES REGULAR COUNCIL MRE'TING August 9, 1903 Page 3 Mr. Barton stated that the front part of the building would be used as a showroom for the retail salon of their. products. The remainder would be used for the manufacturing operations. Mayor Beals asked for any comments from those present in the audience, and no one spoke for or against the proposed CUP. After some dis- 83-127 cussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL __._....- .... .,.... — — ........o -- nnn n"1 nnen- RESOLUTION NO. 441-CONDITI014AL USE PERMIT FOR 450 WEST MONTROSE It was reported that the First Baptist Church had requested a CUP to use a building at 450 West Montrose for classrooms and grass parking. Churches are a Conditional Use in Residential Zones. Mayor Beals stated that the Planning and Zoning Comission at its August 2, 1983 Meeting had recommended granting the CUP on the condition that the house be brought up to code if it is to be used for classrooms. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the proposed CUP. City Manager Forbes stated that the topography of the lot requires that the driveway be paved before grass parking can be permitted. Council Member Turville reiterated that the building could not be used for classrooms until it met City fire and building codes. He also asked if the property would be used mainly for Sunday parking, and City Manager Forbes stated that this was the intention of the Church. 83-128 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE, AND UNANIMOUSLY CARRIED BY ROLL CALI THE REQUEST FOR VARIANCE - 2248 SOUTH LAKESHORE DRIVE On behalf of his mother, Mr. Bob Thompson again appeared before the Council to request a rear yard setback variance to construct a dining - room addition to her home. The request had been tabled at the July, 26, 1983 Council Meeting to allow Mr. Thompson time to gather more information. Mr. Thompson stated the this property was annexed into the City in February of 1972 and the hardship was that the lot was only 105' deep from the street to the present seawall, and the existing structure is approximately 23' from the seawall. He stated that in order to build the addition, he needed an eight foot rear yard variance. After much discussion regarding setback requirements, rear yard setback 83-129 requirements for lake property, and annexation of property, A MOTION WAS MADE BY COUNCIL MEMBER POOL AND SECONDED BY COUNCIL MEMBER COLE TO GRANT VARIANCE REQUEST FOR 954 WEST MONTROSE Mayor Beals reported that Mr. David Cosson had requested a side yard variance from the required 73�' to 6" in order to create a carport from an existing slab. The slab is 6" from the side property line. A letter from Mr. Cosson's neighbors was passed out which stated that they ap_ 83-130 proved of his request. After some discussion, A MOTION WAS MADE BY coNNCii. MEMBER COLE, SECONDED BY COUNCIL MEMBER TURVILLE, AND UNANIMOUS- ® CITY or CLRRdIONr MINUTES REGULAR COUNCIL MEETING August 9, 1.903 Page 4 OLD BUSINESS FINAL READING OF ORDINANCE NO. 155-M, ANNEXATION Mayor Beals explained that if adopted, this ordinance would annex approximately 95 acres of land located north of Highway 50 and cast of Grand Highway. The original request has been reduced by about 16 acres to avoid the creation of an enclave. Mayor Beals asked for comments from those present in the audience, and no one spoke for or against the annexation. 83-131 After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER DUPES, COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED DY ROLL CALL VOTE TO ADOPT ORDINANCE NO. 155-M , ANNEXING APPROXIMATELY 95 ACRES OF LAND NORTH OF HIGHWAY 50 AND EAST OF GRAND HIGHWAY BELONGING TO DOD WADE VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE: COUNCIL MEMBER DUPES, AYE; COUNCIL MEMBER COLS, AYE; COUNCIL MEMBER TURVILLE, AYE• AND MAYOR DEALS, AYE. THE ORDINANCD WAS READ BY TITLE ONLY. Mayor Beals stated that he felt that this annexation was a very positive and progressive step for the City of Clermont, and that he would like to have property south of the City annexed because the future of Clermont is to the south. He stated that he would like to have the City Manager write property owners to the south of the City and ask them if they interested in annexation. After some discussion, it was the consensus of the Council to have Mr. Forbes do this. CLERMONT HOTEL Mayor Beals stated that he wanted the Clermont Hotel to appear on the agenda of the first meeting in September because the next court hearing on this matter will be August 30, 1983. In discussing the progress of the court hearings and the proposal made by the former owners of the hotel, Council Member Turville expressed his concern that the bankruptcy court judge will rule in favor of bringing the hotel up to code and would not allow an asset to be torn down which is the route being pursued by the City. The City will spend more and more money, and in the end won't be able to tear the building down. Mr. Turville stated that he would like to know just how strong our case is for razing the building. Mr. Cecil Eaton appeared and expressed his continued concern that some vagrant will start a fire in the hotel and burn his home down with it. He also stated that the same people are taken from the hotel repeatedly by the police and asked why he couldn't sign a complaint for their arrest. City Manager Forbes stated that he would talk to Chief Tyndal and find out what procedure to follow to keep the same vagrants from coming back to the hotel building and report back to the Council. NEW BUSINESS CLERMONT CENTENNIAL COMMITTEE - REQUEST FOR FUNDS It was reported that the Centennial Committee had requested $500 to 83-132 purchase photographic materials. After some discussion, A MOTION WAS MADE BY COUNCIL MBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE, AND �. rooTnnEMmn (RANT THE REOUEST FOR $500 WITH PAYMENT COMING ® CITY OF CLRRAIONT MINUTES REGULAR COUNCIL MEETING August 9, 1983 Page 5 RESOLUTION NO. 442 - POLICY ON INDUSTRIAL DEVELOPMENT BONDS City Manager Forbes explained that pursuant to Council direction, he had written a Policy on the issuance of industrial development bonds to use as a guideline for the City. Council Member Pool stated that he questioned the fourth item of the policy, questioning whether a lower limit should be placed on the value of a project. City Manager Forbes stated that the intent of the "threshold" requirement was to limit small projects. however, this item could be removed from the policy if so desired. Council Member Turville stated that he had trouble with getting involved with these bonds, and wondered about the effects on private business al- ready operating in Clermont when issuing them. City Manager Forbes stated that he believed items numbered three and twelve adequately ad- dressed this issue. 83-133 RESOLUTION NO. 443 - UTILITY FUND BUDGET It was explained that this Resolution would establish the Utility Fund Budget of the City for FY1983-1984. The Resolution is necessary because the City's Bond Ordinance requires the adoption of this budget 45 days prior to the end of the fiscal year. The Utility Fund Budget will be readopted according to procedures outlined in the Trim Bill. After some 83-139 discussion, A MOTION WAS MADE ^BY^COUNCIL MEMBER POOL, SECONDED BY COUNCIL 0 onr.r. rnr.r. vnTF. TO ADOPT RESOLUTION The Meeting adjourned at 9:15. CH 4S1. BEALS, MAYOR ATTEST: AY 1 SAUNDERS, CITY CLERK ® CITY OF CLUMONT MINUTES WORKSHOP MEETING August 3, 1983 A Workshop Meeting of the City Council of the City of. Clermont was hold Wednesday, August 3, 1983 in the City Hall Conference Room. The Meeting was called to order at 7:10 p.m. by Mayor Beals with the following Council. Members in attendance: Mayor Pro Tom Pool., Council. Member Cole, Council Member Turvil.le, and Council Member Dupee. other City Officials present were: City Manager Forbes and Finance Director Saunders. CENTENNIAL COMMITTEE Dick Stokes and Bonnie Homan were present to explain the Committee's $10,000 budget request. They distributed a letter to the Council dated August A, 1983 which explained the request in detail. Many questions were asked about the income producing events, non income producing costs, and the total revenues and expenditures projected by the Committee. Mr. Stokes explained that the single biggest cost was a book being printed on the History of Clermont which was being financed by private funds. Mayor Beals informed the Council that lie is involved in the ad specialities business, but that he will not be supplying any of the materials for the Centennial The Committee Members also explained that while many individual organizations would be involved with the Centennial, all profits from the Centennial would be returned to the City and donated for recreational purposes. Bonnie Homan explained that the Centennial would be held from March 31 through April 6th, and she gave a run down of all of the planned events. She also invited the Council Members to attend the Centennial Committee Meetings which are held on the fourth Thursday of every month. The finances of the Committee were discussed and it was explained that there would be a drawdown of City monies and that the Treasurer -= of the Centennial Committee should meet with the City Finance Director to learn how City monies would be obtained. Basically a bill must be submitted for all disbursements and the Finance Director will maintain a separate account for this event. The Council Members thanked the Centennial Committee for their extra effort in pro- viding a detailed budget. They believed that the new budget was much more enlightening, and even if their projected revenues fell short, the City should still do well with the Centennial Committee events. it was the consensus of the Council to place $10,000 in the proposed budget for the Centennial Committee. Finance Director Saunders was instructed to meet with Frances Oswalt of the Centen- nial Committee regarding the budget. REPORTS Council Member Turville asked many questions regarding the City's water system. The City Manager was directed to get in contact with the State and insure that none of the city's wells were being subjected to degradation as evidenced in the paper by some abutting communities. The City Manager was also directed to contact the school system and determine the outcome of the lights the City requested for the ele- mentary school. The Council briefly discussed a letter from the Harry -Anna Crippled Children's Hospital asking that benches with outdoor advertising on them be placed in the City, the proceeds from the advertising would go to the hospital. It was the consensus of the Council that the Children's Hospital is a fine and greatly needed facility, how- ever, this action would set a bad precedent for the City. City Manager Forbes was directed to send a letter informing the hospital that it would not be possible for the City to participate in this project. It was suggested that the hospital might contact the golf courses in the area to see if they might be interested in obtaining benches. ® CITY 0P CLRRHONT MINUTES WORKSHOP MEETING August- 3, 1.903 Page 2 The City Manager passed out a letter from the City Attorney regarding oad an casementt le Litt"codsDr.ivioUokltand lt Hostatedthat hele nwoulpropertygley ddiscuss on this matter with the Council at next 'Tuesday's Council Meeting. The City Manager explained the status of the City's water tank. Uni- ins oction revealed deficiencies, mainly flaking versal Tank and Ironworks has not yet completed work on the tank since the one year warranty p Engineer has been in con - paint on the interior of the tank. The City Eng tact with this company letteri�hadas now beenfiled filed wChapter thelbondingrefinancing. company To protect the City, recment is not worked out soon, the City Will explaining that if an ag be obtaining funds from the bonding company to complete the work. REPLACEMENT FIRE TRUCK he Fire Thacecitymentfi.1 truckatan1request estimatedfrom costtof $125,OOOatotn$300ent t000or a re - The City Manager explained that the purpose of this truck was to re- place the 1952 Seagraves Ladder Truck with a newer vehicle having better fire supression capabilities; including if a new aerial ladder, snorkel or telesquirt. Iie explained that even elladders andtrade- Muchpurchased, the City would probably keep in the 1952 Seagraves Truck. Much discussion ensued regarding the age and 's four re explained thatlon of the me t costyeffecti.ve1wayvtolreplaceTa fire cityvehicHer might be to purchase a used truck from a larger fire e departat a ment. He reminded the Council Members that about one year ago, n regarding bidding on a used fire Meeting, there was much discussio the Fire Department were discussed in great truck. The needs of of the Council was that $50,000 be trans - detail, and the consensus acement Fund to assist in financing depre- ferred to the Capital Replreview the status of cles ciation. The City would againearbut lno new efire ltruck at the budget sessions for the next fiscal y would be purchased this fiscal year. STREET SWEEPER The purchase of a new street sweeper was discussed in great detail by the Council. The City Manager explained that basically the City had three options on this matter: (1) Not purchase a street sweeper at all, (2) Purchase amechanical sweepretsweepeas(wereudiscussed, vacuum type aswasthe sweeper. Different type public's response to the questionnaire. All Council Members agreed that the public's response was for the City to obtain a new street sweeper. It was theconsensus in the Citnciittcuum wouldat hbeemore acost effectivesweeper to do a sightly y' purchase a mechanical sweeper. It was requested that $5y,000 for the replacement mechanical street sweeper be placed in this year's budget. RELOCATION OF PUBLIC WORKS DEPARTMENT to pend a city thousand dollars Forbes theoenddofhtheonextlfiscalsyearrutotlooksinto the ew possibility of relocating the City's Public Works Facility. He ex- plained thathe best siteplace onceftheor aspra(fieldnew lwas ty mrelocated. Theight be the se con - Utility Departmentto the discretion of sensus of the Council was that it would be up the epCity Manager to use Council posted onnthisds nmatterthe udget for such a study, and the PARKS AND RECREATION PROJECTS and Recreation projects. The The Council discussed in detail Parks e in today for Finance Director explained that a bill had just com ® CITY OP CLPRAIONT MINUTES Workshop Meeti.tig August 3, 1903 Page 3 the City to pay its share of the boat ramp improvements at Jaycee Beach in the amount of: about $3,313. The City Manager i.nformod the Council that the Recreation Club also requested that ton of their ed approximately b$3,.000. lie ts `explained tthat nthe o$7,,000dinta cost of capital Improvements for Parks and Recreation was originally budgeted for handball courts. It was the consensus of the Council that since handball courts were being built in the City, new courts would not be necessary. The Council Members stated that they had no problem if the City would spend the $3,000 in its existing account to paint the Recreation Club's oard r a ow car for the Building Department hwould bcourts. Funds come fromthecity'son cash reserves. Council Member Pool stated that he felt it was disgraceful that the City did not have a swimming pool. All of the cities in the north half of the county have pools, and that Clermont should have one. A fund drive should begin to assist the City or schools in build - a swimming pool. He believed that swimming lessons and swim teams should be taught from a swimming pool. Mr. Pool also brought up the possibility of adding lawn bowling to our facilities at Kehler Parks. The City Manager explained that horseshoe courts had recently been added at Kehler Park, and there was not much room for additional improvements. He further stated that Council Members could assist with Senior Citizen activities by finding citizens wishing to serve on an advisory committee for the Senior Citizens Center. The Meeting adjourned at 9:00 p.m. Charles B. IIeals, Mayor Att+w.ySlaLunders est: , City Clerk ® CITY OF CI PRAIONT MINUTES REVENUE SHARING PROPOSED USE [TEARING Tuesday, July 16, 3.983 A Federal Revenue Sharing Proposed Use ❑earing was held on Tuesday, July 16, 1983 at 5:00 P.M. in the City Manager's Office. Those present were: City Manager Forbes and Finance Director Saunders. City Manager Forbes explained that this hearing is required by Federal Revenue Sharing Regulations, and must be held before the proposed budget is presented to the City Council for enactment. The purpose is to give Clermont citizens an opportunity to suggest uses for Federal Revenue Sharing monies. There being no citizen input, the meeting was adjourned at 5:10 P.M. CITY OF CLERMONT George D. Forbes, City Manager ATTEST: Wa a Saunders, City Clerk 0 CITY Of C1,0AIONT MINUTES WORKSHOP MEIi;TING August 4, 1903 A Worskhop Mocting of the City Council of the City of Clermont was held Thursday, August 4, 1903 at Center Lake. The meeting was called to order at 6:00 p.m. by Mayor Beals with the following Council Members in attendance: Mayor Pro Tem Pool, Council Member Turville, and Council Member Dupce. Other Officials present were: City Manager George Forbes, James Modica from the Saint Johns Water Management District, and Eric Coppenmeier from Lake County Aquatic Weed Control. CENTER LAKE Mayor Beals explained that the purpose of this meeting was to discuss different solutions to aesthetically improve Center Lake in Clermont. City Manager Forbes explained various alternatives for solving the weed problem at Center Lake which have been discussed in the past. These are: 1. Draw down the lake to expose the muck. When thoroughly dry, a bulldozer would scrape the lake bottom, and the muck would be hauled to another site. This alternative has been rejected because there is no convenient place to send the water being drained from the lake, and in addition, this operation would be very expensive. 2. Aeration has been discussed because it improves the circulation of air throughout the lake and helps to breakdown organic materials. It is particularly good for breaking down organic materials, but is not of much use for inorganic materials. In addition, since the lake is relatively shallow, it does not appear to have any aeration problems; and aeration has been ruled out as a solution. 3. Grass Carp have been considered, however, the representative from the Lake County Aquatic Weed Control stated that the City could no longer obtain permits for the fish. It was believed that some Grass Carp in the lake would help by eating the floating vegetation. 4. It was explained that many years ago a dragline had been used on the lake and it had proven to be very beneficial for cleaning the shoreline. However, a dragline would totally destroy all vegetation along the shoreline. Jim Modica of the Saint Johns Water Management District explained the benefits of shoreline vegetation to the Council. The vegetation is actually good for the lake, and even the cattails reduce nutrients and assist greatly with water quality. He stated that he believed the water quality of the lake was fairly good, largely because of the vegetation. He discussed that mowing the vegeta- tion instead of pulling it out by the roots would also be beneficial for good water quality. 5. The use of chemicals to control floating vegetation was discussed in detail. The Council believed this was an expensive alterna- tive if contracted out, since a one year program of control costs about $2,000. Eric Coppenmeier discussed the problem, and stated a chemical that the City already has on hand (Sonar) could be approved for this use. Upon further discussion, it was decided not to consider this alternative because the use of chemicals is short term and would have to be repeated yearly, and at times the lake is pumped into other water bodies. ® CITY OF CURMONT MINUTES 6. The use of an aquatic mowing machine on the lake was discussed in detail. This machine seems to overcome most of the objections to the alternatives listed above because it would simply be harvesting the weeds along the shoreline. It was the consensus of the Council that the mowing of the cattails would be a sound idea, but that the City should also do something about removing some of the ducks from the lake. Each duck adds a tremendous amount of pollutants to the water, equivalent to three times as much as one person. In other words, one duck excretes coliform bacteria equal to three human beings. It was the consensus of the Council to have the City Manager obtain bids for the use of an aquatic mowing machine to clear weeds from Center Lake, and present the information at a future Council Meeting. The meeting adjourned at 7:00 p.m. 4e", A �3 11-X Charles B. Beals, Mayor Attest: __ Wayne�Saunders, City Clerk _ - ® CITY OP CLRRdIONT MINUTES Workshop Meeting July 27, 1983 The Workshop Meeting of the City Council of. the City of Clermont was held July 27, 1983 in the City Hall Conference Room. The meeting was called to order. at 7:10 p.m. by Mayor Beals with the following Council Members in attendance: Council Member Turville, Council Member Dupee, and Council Member Cole. Council Member Pool was absent. Other City Offi.cials present were City Manager. Forbes and Finance Director Saunders. CI1'Y MANAGER'S RL'POITP The City Manager gave a report on the bowling alley at Westgate Plaza. lie explained to the Council Members that they would be seeing a third hand- ball court constructed, as a court could be legally built on the north side of the building. It reminded the Council that a variance had been given for the construction of handball courts and a weight room on the south side of the building, mainly to save parking spaces. lie explained the four spaces would bethe now handball uadded rt uat thld ewest yside rof thenbuilding, so noer, spaces would be lost. The City Manager spoke to the Council Members about Jenkins Auditorium and explained many of the City's problems with the various groups in the building. He stated that he would be talking with representatives from the Highland Squares and hilltop Stompers about any potential prob- lems with scheduling and floor maintenance. The City Manager informed the Council that for many years the City has leased its bucket truck at a rate of $45/hr. to various organizations. He stated that the City does lease the truck, but that a City open ator must be hired along with the vehicle. lie explained that he would re- search the cost per hour to insure that it was covering all of the City's costs. The Council Members believed that there were no prob- lems with leasing the bucket truck since it had been done for many years, but they wished to be kept informed if there were any problems. The status of the problems with the weeds at Center Lake was discussed. The Council set a Workshop for next Thursday at 6:00 p.m. at the lake to decide what alternative the City should select to clean up the lake. The status of the City's new policy on boat docks on City property was considered. The City Manager stated that to his knowledge, there was only one dock on City property at this time, and that the lessee of thisted property was not complying with the lease agreement. Mr. Forbes sta that he would keep the Council informed on this matter, but that this dock may have to be torn down. BUDGET WORKSHOP Finance Director Saunders informed the Council that we may have to change the date for our tentative budget hearing. He was informed today, that the School Board may select September 6, 1983 for their tentative budget hearing. He explained that the State Law requires that the City's budget hearings not conflict with the School Board's and County's as much as pos- sible. It was the consensus of the Council that should the city's hearing conflict with either of those mentioned above, the City would reschedule our tentative budget hearing for September 7, 1983, at 7:30 p.m. Finance Director Saunders reviewed questions raised at the last budget workshop with the Council Members. He explained that he had talked with Chief Tyndal about the monies budgeted for cameras for the Police Depart- ment, and stated that the Police Department had thoroughly researched the type of cameras they were purchasing and would be satisfied with the funds budgeted. ® CITY OP Cure,IIONT MINUTES Workshop Meeting July 27, 1983 Page 2 City Manager L'orbes discussed the $4,480 budgeted for Ixiinting of: fire hydrants. He explained that this money was not just for paint, but also for hiring a part-time worker to perform the work. There was much dis- cussion on the amount of funds budgeted by the Utility Department for the work, and it was the consensus of the Council to reduce this item to $4,000. There was much discussion regarding vehicle replacement and the City's Vehicle Replacement Plan. A worksheet with a list of all of the City's vehicles was handed out to all Council Members. Council Member Tur- ville discussed the fact that he believed that just because a car was old did not necessarily mean that it should be traded. lie stated that any car traded should be backed up not just by the age and milage, but also the condition of the body and history of repairs. He stated that with the rising prices of automobiles depreciation was the largest cost to be borne when purchasing a vehicle. As long as there were no main- tenance problems and the body was in good shape, it would probably be worth keeping a vehicle. City Manager Forbes stated that he had no problems with this philosophy as long as the Council understood that the City's fleet must be kept in good condition. If we are to keep any kind of maintenance program, and considering the large number of City owned vehicles, a certain amount must be replaced every year. Ile explained that the Police Department gets new cars every other year, since they have approximately 100,000 miles on them when they are traded, and have been subjected to extremely hard use. He stated that in the year the Police Department is not getting a car, it is important that the City consider the purchase of at least two vehicles to keep the fleet in decent shape. The Council should consider replacing those vehicles which are in the worst shape (highest mileage, maintenance costs, and poorest body condition). The Council Members reviewed each type of City vehicle - passenger cars, patrol cars, trucks, fire vehicles, heavy equipment, garbage trucks, and tractors. The City Manager explained that in the past few years the City has reduced the size of its fleet by several vehicles. The Council discussed the replacement of a 1973 Ford Courier and the Cushman with a 19B3 four cylinder pickup truck. After much discussion, it was the con- sensus of the Council that the funds for this vehicle be kept in the budget, however, it would not be replaced until specific authority to do so is given by the Council, and that the new vehicle not be purchased until the sprayfield is in operation. At that time, the needs of the Utility Department can be better assessed. The Council felt that be- cause the 1973 Ford Courier is fully depreciated and in good working order, that it might be well to keep the vehicle. The replacement of the Building Official's car was discussed in great detail. The car was previously used by the Police Department and has very high mileage. Replacement of the Public Works Director's car was also discussed. After much discussion, it was the consensus of the Council to replace the Building Official's car this fiscal year, and would most likely be a used 1982 model which will be bid out by the City. The 1981 Ford Fairmont with very high mileage used by the Police Department as a spare vehicle would be traded in next year's budget. This vehicle would be replaced by the car presently driven by Chief Tyndal, and he would receive a new police vehicle. The funds for the Building Official's car would be obtained by a budget amendment. The $7,000 dollars for handball courts would be eliminated, and the funds used for the Building Official's car. The Council believed that the handball courts were no longer needed because three courts were now being constructed next to City Hall at the bowling alley. The sanitation vehicles owned by the City were discussed in detail, and their maintenance records reviewed. The City Manager stated that $55,000 was presently in this year's budget for the purchase of a replacement garbage truck. He stated that the City has three garbage trucks, two are used for garbage collection and the third truck is used for trash collection and as a spare. He stated that ® CITY OP CLRRdIONT MINUTES Workshop Meeting July 27, 1903 Page 3 what the City Staff had initially recomonended was to trade in a 1974 Pord Packer with approximately 80,0000 miles. The City's 1978 garbage truck would be used for trash pick up. A new 1983 vehicle would then be purchased for garbage collection. He stated that the City had some reservations in trading the Packer on the 1974 Pord truck since the hopper was very large and the collection person- nel did not wish to trade in the packer. A new trash collection vehicle can be divided into two parts, the chasis and the packer. The City Manager explained that they could get two vehicles in good shape for a price less than one new vehicle by following the Public Works Director's recommendations that the City would purchase a new chasis with cab and engine for the 1978 ford (vehicle #4224). A diesel engine would be purchased for better fuel consumption and engine life, and the existing packer would be placed on this chasis. The 1978 Pord chasis, would then be placed on vehicle #4217 and the chasis for the 1974 cord trash truck would be traded. The existing twenty yard packer would then be placed on the 1978 cord chasis for trash collection. In this manner the entire sanitation fleet would be kept in very good shape at cost less than the purchase price of a new vehicle. The estimated cost for this work including painting and sane maintenance was $47,000. It was the consensus of the Council to purchase a new chasis and accept the changes as recommended by the City Staff. Mayor Beals explained that there was a meeting of the Centennial Com- mittee tomorrow night and that they had been inquiring about the amount of funds they would receive from the City. He then asked the Council if they would briefly consider the Committee's budget request for $10,000. After much discussion of the City's financial status, it was the con- sensus of the Council that about $6,000 be budgeted for the Centennial Committee. Council Member Dupes stated that $500 would be needed immediately for part of the Committee's work. She requested that the City Manager put the request for the $500 on the next Council Agenda. The meeting adjourned at 9:10 p.m. CHARLES B. BEALS, MAYOR ATTEST: 1111YFJ SAUNDERS, CITY CLERK MEMORANDUM To: City Council From: City Manager Subject: July 26, 1983 Meeting Date: July 22, 1983 The following items are on the agenda for next Tuesday's Council meeting: VISITORS WITH BUSINESS REQUEST FOR ZONING VARIANCE. Mrs. Thompson has requested a var- iance from the rear yard requirements of the Zoning Ordinance in order to construct a dining room addition to her home. This addition would encroach on the required rear yard setback of twenty-five (25) feet by six (6) feet. Please review the enclosed site plan and memo on this matter. REQUEST FOR VARIANCE FROM THE SUBDIVISION ORDINANCE. We have received a request from Chyrel Y. Boney for a lot width variance from the Subdivision Ordinance for property she owns on Anderson Street south of DeSoto Street. She wishes to plat three lots- - ---- with a lot width of 73.33 feet whereas a lot width of 74 feet is required. Since each lot would have an area of at least 20,000 square feet she believes that this variance is justified. Please review the enclosed site plan and memo on this request. RESOLUTION NO. 439 REQUEO ST FR INDUSTRIAL DEVELOPMENT BONDS. This Resolution would allow the City to issue Industrial Develop- ment Bonds (IDBs) for the Lake Highlands nursing home. Enclosed are materials from Mr. Rogers explaining the request in detail. Mr. Rogers wishes to issue bonds in an amount not to exceed $2,900,000.00 at an interest rate that is 23% under prime with a 15 year payback period. Barnett Bank has agreed to purchase the bonds. IDBs are revenue bonds in which only the revenues obtained from the operation of the Nursing Home would be pledged to pay back the bonds. These bonds are issued by many cities to obtain funds for a private company that a municipality believes would benefit the City. In order to issue these bonds, in most cases the Citv retains title to the property financed, but enters into a long-term lease or sales contract with the user company. At the end of the contract per- iod the title to the property then transfers back to the company. The sale of these bonds by a municipality then qualifies the bonds for their tax-exempt status, while the earning power and credit standing of the user company make the bonds attractive to investors. July 22, 1983 Page two in theory, three parties benefit from IDBs as follows: 1. The City, since they are attracting a new business or expansion of an existing business that they deem de- sirable, as well as the benefits of new jobs, etc. 2. The business benefits by receiving lower financing costs through tax exempt bonds and the fact that usually the facility being built is technically owned by the City. The result is a number of tax benefits, the most obvi- ous being exempt from ad valorem taxes. however, soma communitiesrequire the firm to pay the municipality a yearly fee approximately equal to the entire ad valor - um tax. 3. The third group to benefit is the investors who are able to obtain the tax advantages of these bonds as an in- vestment. The following items should be considered by the Council before IDBs are issued. 1. Does the City desire to have the particular industry in the City? Some communities are more interested in financing new industries or industries that are willing to locate in redevelopment areas. The Council may wish to set standards for the issuance of these bonds. 2. What is the financial capability of the user company? These are still City issued bonds. If the company should default on the bonds, it would affect the public's perception of the City, even though we_would not be required to pay back the bonds. In other words the City Council should insure that they desire the project and that the company will have the revenue from its operation to pay back the bonds before the IDBs are issued. IDB financing is one of a variety of incentives a local government can use to induce business firms to locate or remain in its juris- diction. however, in the past several years there has been quite a bit of controversy surrounding these bonds because opponents believe that IDB financing represents a federal subsidy. They believe that the use of this subsidy for a private business may place an existing business at a competitive disadvantage. They also argue that IDB financing loses any justification for tax exemption if it is used for a corporation that does not need assistance to finance expansion, and in areas where commercial credit is readily available. For these reasons the federal gov- ernment has been considering further restriction of the use of these bonds. July 22, 3.983 Page three Policies the city Council may wish to consider in crantin IDBs nclude: 1. The City will not finance an IDB project except to induce its location or expansion based on a demonstrated need for the project. (Some cities will not approve these bonds unless the projects arc in a redevelopment area or industrial park.) 2. The project would not be economically feasible without the availability of IDBs. 3. The City determines that there is a demonstrable need for services provided by the project and that there will be no substantial disruption of existing employment or facilities of a similar nature in the Clermont area. 4. A financial capability report is obtained which clearly - demonstrates that revenues from the company will be suf- ficient to pay off the bonds. 5. The project will provide substantial employment and sub- stantial capital investment for the City. 6. The City will require that a payment in lieu of taxes equivalent to 100% of the assessed valuation tax levy be contracted to both the County and the Cityt if applicable. These are some policy suggestions you may wish to consider which should also be reviewed by the City Attorney. Enclosed is a short chapter on IDB financing giving more details on these bonds. This material is from a book titled Capital Financing Strategies for Local Governments. OLD BUSINESS AGREEMENT WITH COUNTY ON OLD LIBRARY BUILDING. Enclosed is the proposed agreement with the County for the use of the old library building. This agreement has been approved by the Board of County Commissioners and would require the County to pay $100.00 per month rent for this building. The term of the lease is for one year, with an option to renew for a second year. Formal Council approval of this agreement is required, and to date I have received only one comment, and that one from Council Member Dupee. She has recommended that item 3, "Terms of Lease", be amended to require the County to give 90 instead of 30 days' advance notice of their desire to exercise the option period. COUNTY COMMUNITY SERVICE WORKERS. You may recall that on Janu- ary 11, 1983 the City Council authorized the use of Community July 22, 1983 Page four Service Workers from the County Probation Office for a period of six months. Community Service Workers are first time DWI offenders who have been assigned by the Court to complete a Community Service project in lieu of time in jail. While we have not yet used the program to its full potential in the last six months, it has been helpful, and I would recommend that Council continue to allow the City to participate in the program. NEW BUSINESS RESOLUTION NO. 437 LIBRARY GRANT. Enclosed is Resolution 437 which, if adopted, would allow the City to apply for a grant through the State Library Services Construction Act to expand the Cooper Memorial Library. The Library Board has recommended a $100,000.00 addition to the library, of which $50,000.00 or 50% would be paid for through a grant, and $50,000.00 with Library Board funds. Monies for the program have become available through the Emergency Jobs Bill recently enacted by Congress. RESOLUTION NO. 436 FINES FOR PARKING VIOLATIONS. This resolution would implement Ordinance 236-C adopted by the City Council sev- eral months ago. The Resolution sets fines for parking violations at $5.00 if paid within 36 hours, and $10.00 if paid after 36 hours. The amount of the fine is similar to that. charged by other cities in our area and is designed only to insure that dri- vers do not make the same mistake twice. RESOLUTION NO. 438 CITY POLICY ON BOAT DOCKS. This proposed resolution would not allow the City to grant agreements with citizens for private boat docks, beaches, or similar facilities on City -owned property. It requires that all such facilities built on City property be maintained and operated by the City for the benefit of the general public. Some months ago the City Council requested that the Parks and Recreation Board make a recommendation on this matter because we had some requests for boat docks on Lake Winona. At the May 5, 1983 Parks and Recreation Board meeting, the Board unanimously recommended that the City not allow any dock building or private development on City -owned property. The attached Resolution would set a firm policy for the City in- stead of proceeding on a case -by -case basis. Sincerely, George D. Forbes City Manager GDP/mgg ;btvv:vrj;w +ee+.IS. pr,� L �+ "unu"a uaurnr nr,nroa uuru ... w c urHor r, r mnne onn `.'�' '' 1• ^ate HERO ROGERS, July 17, 1983 Owner Clermont City Council Clermont, Florida 32711 Dear Council Members: We do hereby respectfully request the Clermont City Council to sign the necessary documents for the issuance of bonds enabling the Barnett Bank to purchase the total issue necessary for the financing of the expansion of the Lake Highlands Retirement & Nursing Center. This is an "enabling action" which does not obligate the City of Clermont in any way for any thing. In the event of default in payment of the mort- gage, the city does not become liable. Please note the following excerpts: ...the Issuer shall never, be required to (i) levy ad valorem ' taxes on any property within its area of operation to pay the principal of and premium, if any, and interest on the bonds or to make any other payments provided for under the proposed Loan Agreement or the Trust Indenture." (Attachment, Item G, Page 2) "The Issuer shall not be obligated to pay any of the bonds or the interest thereon from any funds of the Issuer derived from any source other than the Agreement or the Guaranty, and each bond shall contain a statement to that effect upon its face. The Issuer shall not be required to incur any expense with respect to the Project or the bonds unless requested to do so by the Borrower, in which event the Borrower hereby agrees to reimburse the full amount of such expense to the Issuer and the Issuer may require payment to it of such amount as a prerequesite to its incurring any such expense." (Attachment, Item #6, Page 6, Exhibit A) The necessary documentation and sufficent evidence of the Borrower's administrative and financial ability has been submitted to satisfy the requirements of the Purchaser (Barnett Bank) as evidenced by their Letter of Commitment of June 16, 1983• Pogo 2 'rho private sale botwoen the Borrower and the Barnett Bank Is a coot saving factor enabling the Borrower to provide a high quality of care at a looser coot to the consumer than if the bonds were sold publicly or the expansion financed conventionally. 'rho expansion of the facility will benefit the community in many ways: I. IMPROVE THE ECONOMY 1. Increase Employment - Creation of approximately GO new jobs, bringing the total number of employees of the Lake Highlands to approximately 150. 2. Increase Cash Plow to the Community - the payroll is estimated to increase $ 750,000, bringing the annual payroll of the Lake Highlands to approximately $1,500,000. 3. Enhance Existing Businesses through the increase in purchases of goods and services for the facility. II. PROVIDE ADDITIONAL SERVICES 1. MEDICARE SERVICES - Participation in the Medicare Program will permit those persons requiring these services to remain in the community rather thantraveling ---- ---- many miles to receive this benefit. 2. RETIREMENT UNITS - Independent living accomodations will be available for those who desire to be in proximity to health care services. III. EXPAND EXISTING SERVICES 1. The number of Skilled Nursing Care Beds will increase from 82 to 142. - 2. The number of private rooms will increase to 25• 3• The number of semi -private rooms (2/rm) will be increased. 4. Space will be available for additional community outreach programs such as Health Screening Programs, Health Education Classes, Telephone Assurance Programs Page 3 'rho Rogers Family has a proven record of commitment to Long Term Caro of the Older Adult. They have owned and operated the Lake Highlands Retirement & Nursing Center for 23 years, developing the business from one building, one guest and no employees to two buildings, providing three levels of care, 97% occupancy and 93 employees. During this time, the facility has: ...provided Skilled Nursing Caro to well over one thousand persons ...provided job opportunities to many hundreds of persons ...provided formal educational courses at no cost to scores of individuals to upgrade job skills (through cooperative arrangement with Lake County Vocational -Technical School) ...been directly responsible for the construction of the Clermont Seventh - day Adventist Church which provides: ..a free monthly Health Screening Van Service at South Lake Plaza ..Welfare Clothing Service The Center holds a "SUPERIOR" Rating from the Department of Health & Rehabilitative Services and has four Certified Gerontological Nurses who direct the Nursing Services Department. We will greatly appreciate your favorable action in response to this request and if you require additional information we will be glad to provide it. Sincerely, C*tbe Rooters mini ator HLR/t Encl. Addendum 1 FACT SHEET BOARD OF DIRECTORS LAKE HIGHLANDS RETIREMENT & NURSING CENTER HERBERT L. ROGERS, CHAIRMAN OF THE BOARD Licensed Nursing Home Administrator Fellow, American College of Health Caro Administrators Former President, Florida Health Care Association Member, State Nursing Home Ombudsman Committee (appointed by Governor Graham) ROWENA E. ROGERS, PRESIDENT Licensed Nursing Home Administrator Registered Nurse - Director of Nursing Services Fellow, American College of Health Care Administrators Diplomats, Current Secretary, National Geriatrics Society Dually Certified for Excellence in Practice of Gerontological Nursing and Nursing Service Administration Member, Executive Committee, Gerontological Practice Division, American Nurses' Association Former President, FLORIDA COUNCIL ON AGING Appointed by Gov. Askew to Fl. Board of Examiners of Neg. Home Administrators HERBERT L. ROGERS, JR., VICE-PRESIDENT Licensed Nursing Home Administrator Master's Degree in Public Health President, District II, Florida Health Care Association TERESA ROGERS KNIGHT, TREASURER Licensed Nursing Home Administrator Registered Nurse - Assistant Director of Nursing Services Dually Certified for Excellence in Practice of Gerontological Nursing and Nursing Service Administration Bachelor's Degree in Nursing PATRICIA ROGERS GULLETT, SECRETARY Licensed Practical Nurse Currently completing educational requirements for a degree in Nursing Scheduled to write R.N. Examination in February, 198A A RESOLUTION AUTHORIZING THE EXECUTION AND DELIV- ERY BY THE CITY OF CLERMONT, FLORIDA OF A LETTER OF INTENT AND INDUCEMENT AGREEMENT TO LAKE HIGHLANDS RETIREMENT AND NURSING CENTER, INC., A FLORIDA CORPORATION; WITH RESPECT TO THE COMMISSIONS ISSUANCE OF REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $2,900,000 TO FINANCE THE PART- NERSHIP'S LAND ACQUISITION AND THE CONSTRUCTION AND EQUIPPING THEREON OF CAPITAL IMPROVEMENTS CONSTI- TUTING COMPLETION AND EXPANSION OF AN EXISTING NURSING HOME AND ADULT CONGREGATE LIVING FACILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY OF CLERMONT, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, here- inafter called "instrument," Is adopted pursuant to the provisions of Chapter 159, Part I, Florida Statutes (the "Act") and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby ascertained, determined and declared as follows: A. The City of Clermont, Florida (the "Issuer"), is authorized by the Act to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of the acquisition, construction and equipping of projects as defined in the Act, including machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Issuer may be able to promote the economic growth of the State of Florida, increase opportunities for gainful employment and otherwise contribute to the welfare of the State of Florida and its inhabitants, and to finance the cost of such projects by the issuance of its revenue bonds. B. Lake Highlands Retirement and Nursing Center, Inc., a Florida corpora- tion (the "Borrower") wishes to finance expansion of an existing nursing home and adult congregate living facility owned by the Borrower consisting of facilities for 60 new nursing beds and 29 adult congregate living units (the "Project"); and the Borrower has requested that the Issuer indicate to the Borrower its intentions in this respect in order to induce the Borrower to proceed with the Project and incur expenses for its initiation and its financing and by this resolution take affirmative official action toward the issuance of such bonds within the meaning of Section 1.103 8(a)(5) of the Internal Revenue Service Regulations, as amended, pertaining to Industrial Development Bonds. C. The location of the Project in the Issuer's area of operation shall make a significant contribution to the economic growth of the area of operation of the Issuer, shall provide gainful employment for persons in the City of Clermont, Florida. The Project will serve a public purpose by advancing the economic prosperity and the general welfare of the State of Florida and its people. The Project will constitute a "health care LKL 6/27/83-603 Rev.7/11/83 -1- facility" including a nursing home and an adult congregate living facility within the meaning of the Act. D. Giving due regard to the financial strength of the Borrower (as demon- strated by evidence deemed satisfactory to the issuer which has been previously furnished) and all other factors determinative of the Borrower's capabilities, financial 4nd otherwise, �q of fulfilling its obligations consistently with the purposes of the Act, the Borrower itself is financially responsible and fully capable and willing to fulfill its obligations under the >� proposed Loan Agreement (hereinafter defined), including the obligation to pay the installments upon the loan in the amounts and at the times required and the obligation to repair and maintain at Its own expense the Project, and the Borrower is desirous of serving the purposes of the Act and is willing and capable of fully performing all other obligations and responsibilities imposed upon It by the Loan Agreement. E. The appropriate governmental entities and utility providers are capable of providing, when needed, all the necessary public facilities, utilities and services that will be necessary for the operation, repair, improvement and maintenance of the Project and on account of any increase in population or other circumstances resulting by reason of the location of the Project within the area of operation of the Issuer are available now or can be provided when needed. F. The proceeds from the issuance of bonds by the Issuer will be loaned to the Borrower pursuant to a Loan Agreement to be entered into between the Issuer and the Borrower (the "Loan Agreement'). Adequate provision will be made under the provisions of the Loan Agreement for financing of the acquisition, construction and equipping of the Project at the expense of the Borrower, and for the payment of the principal of and - -' premium, if any, and interest on the bonds. The bonds will be issued pursuant to a trust agreement (the "Trust Indenture') to be entered into between a trustee bank and the Issuer. G. The principal of and premium, if any, and interest on the bonds and all payments required under the proposed Loan Agreement and the Trust Indenture securing the bonds shall be payable solely from the proceeds derived by the Issuer under the proposed Loan Agreement, and the Issuer shall.never be required to (1) levy ad valorem taxes on any property within its area Lop to pay the principal of and premwm? _ f propose-d loan Agreement or the Trust Indenture; a pay the same irom a Issuer other than those derived by the Issuer under the proposed Loan Agreement; or (III) require or enforce any payment or performance by the Borrower as provided by the Loan Agreement or the Trust Indenture unless the Issuer's expenses in respect thereof shall be paid from moneys derived under the Loan Agreement or shall be advanced to the Issuer for such purposes, and the issuer shall receive indemnity to its satisfaction. Such bonds shall not constitute a lien upon any property owned by or situated within the area of operation of the Issuer except the Project. Neither the faith and credit nor the taxing power of the Issuer or of the State of Florida or any political subdivision thereof shall be pledged to the payment of the bonds. H. The Borrower's performance of its obligations, financial and otherwise, under the Loan Agreement shall be secured by a first mortgage lien on real property and a security interest in the project furnishings, machinery and equipment. LKL 6/27/83-603 -2- I. The Issuer will receive an opinion of nationally recognized bond counsel that the Interest on the bonds will be exempt from federal income taxation under existing laws of the United States at the closing of the bond Issue. SECTION 3. AUTAORTLATION OF EXECUTION AND DELIVERY OF INDUCEMENT LETTER. The Chairman of the Issuer is hereby authorized to execute, and the Secretary of the issuer is hereby authorized to attest, the Issuer's letter or letters addressed to the Borrower and Its affiliates in substantially the form attached to this resolution as Exhibit A and incorporated herein, with such changes therein, whether made prior to the execution thereof or thereafter, as shall be approved from time to time by such officers executing the same, such approval to be conclusively evidenced by their execution thereof. Such officers and all other officers and employees of the Issuer are hereby authorized to execute such further agreements and take such further action as shall be necessary to carry out the intent and purposes expressed in such letter attached as Exhibit A, upon becoming an agreement on its execution by the Borrower, and are further authorized to take such other steps and actions as may be required and necessary in order to issue such bonds. SECTION A. EFFECTIVE DATE. This instrument shall take effect Immediately upon its adoption. Adopted with a quorum present and voting this the day of , 1983. CITY OF CLERMONT CITY COUNCIL (SEAL) By: Chairman Attest: Secretary LKL 6/27/83-603 ' -3- EXHIBIT A Mr. Herbert L. Rodgers , 1983 Lake highlands Retirement and Nursing Center 151 East Minnehaha Avenue Clermont, Florida 32711 RE: Proposed acquisition, construction and equipping by Lake Highlands Retirement and Nursing Center, a Florida corporation, of additions to and completion of an existing health care facility consisting of a nursing home and adult congregate living facility (the "Project"), situated in the City of Clermont, Florida, and the financing thereof with industrial development revenue bonds issued by the City of Clermont, Florida. Gentlemen: Based upon recent discussions with officials of Lake Highlands Retirement and Nursing Center (the "Borrower"), It is the understanding of the officials and representa- tives of the City of Clermont, Florida (the "Issuer"), that the Borrower wishes to finance expansion of an existing nursing home and adult congregate living facility owned by the Borrower consisting of facilities for 60 new nursing beds and 29 adult congregate living units (the "Project"); that the Project will cost approximately $2,900,000 and that the willingness of the Issuer to Issue and sell Its industrial development revenue bonds for the purpose of financing the Project is an important fact under consideration by the Borrower in determining the extent of the feasibility of the Project. The Issuer has determined that the Issuer's Issuance of Its bonds to assist the Borrower by financing such Project will result in the construction of a necessary facility and that the Issuer's issuance of such bonds will serve a public purpose by advancing the economic prosperity and the general welfare of the State of Florida and its people. Accordingly, in order to induce the Borrower to incur expenses for the initiation of such Project and its financing, the Issuer hereby makes the following proposal: 1. The Issuer will issue its industrial development revenue bonds in one or more installments totaling in the aggregate principal amount a sum not to exceed $2,900,000 for the purpose of paying the cost of the Project. The bonds will be issued in such aggregate principal amount, mature at such times, bear interest at such rates and be subject to such other terms as shall be agreed upon between the Issuer and the Borrower. 2. The Issuer and the Borrower will enter into a Loan Agreement (the "Agreement") which shall provide for the loan of the bond proceeds to the Borrower for LKL 7/11/83-603 -4- the acquisition, construction and equipping of the Realty and the Project and repayment of the loan by the Borrower. The Borrower's performance of its obligations, financial and otherwise, under the Agreement shall be secured by first mortgage lien on the entire facility, a security Interest in the Project furnishings, machinery, furniture and equipment, and the Guaranty and Indemnification Agreement to be entered Into by Herbert L. and Rowena Rodgers, jointly and severally (the "Guaranty Agreement"), all for the benefit and protection of the bondholders. The installment payments to be made by the Borrower in repayment of the loan pursuant to the Agreement shall be pledged to the payment of the principal of, Interest on and redemption premium, if any, applicable to the bonds and the fees and expenses of the trustee. Upon payment in full of the installments of the loan and all other payments under the Agreement, the lien of the Trust Indenture to be entered into by and between the Authority and the trustee (the "Trust Indenture"), and the Agreement shall be dlscharged� The loan installments shall be fully sufficient only to pay the cost of the Project, the cost and expenses of financing the same, and the expenses of the Borrower, the trustee and the Issuer related thereto. 3. The Issuer will cooperate in the prompt preparation of the Agreement and the necessary resolutions for the authorization and sale of the bonds. 4. Upon delivery of the bonds, the provisions of this proposal and the agreement resulting from its acceptance by the Borrower shall have no further effect, and in the event of any inconsistency between the terms of this proposal and the terms of the Agreement in the form in which it shall be finally approved by resolution of the Issuer, the provisions of the Agreement as so approved shall control. 5. Upon acceptance by the Borrower of this proposal, the Issuer shall keep open and outstanding this commitment and inducement to the Borrower for a period of twelve months from the date of this proposal unless sooner terminated in accordance with the provisions of subparagraph (b) of paragraph (7) hereof. In the event, for any reason whether or not the fault of the Issuer, the bonds are not delivered to the purchaser or purchasers thereof prior to the termination of this commitment, then the provisions of this proposal and the agreement resulting from its acceptance by the Borrower shall be cancelled unless the Issuer at its option, by resolution duly adopted shell elect to extend this commitment to a later date. In the event of cancellation by agreement between the Borrower and the Issuer, neither party shall have any rights against the other and no third party shall have any rights against either party except: (a) The Issuer will transfer and convey to the Borrower all the Project components (and sites, if any) which shall have been acquired by the Issuer; (b) The Borrower will pay to the Issuer the amount of all expenses which shall have been incurred by the Issuer in connection with the Project and which wer authorized by the Borrower; (c) The Borrower will assume and be responsible for all contracts entered into by the Issuer at the request of the Borrower in connection with the Project; and (d) The Borrower will pay the out-of-pocket expenses of officials and representatives of the Issuer and counsel for the Issuer incurred in connection with the Project and will pay Livermore Klein h Lott, P.A., bond counsel for the Issuer, reasonable legal fees for legal services related to the Project or the financing thereof. LKL-7/11/83-603 -5- 6. The Issuer.sh411 not be obligated to pay any of the bonds, or the interest,,. thereon from any funds of thelssuer derived from any source other than tho,Agroomont,o,r_, the (Guaranty, and each bond shall contain a statement to that effect upon Its face. The Issuer shall not be required to incur any expense with respect to the. Projeet_or the bonds. unless requested to do so by the Borrower, in which avent the Borrower harotiy agrees to, reimburse the full amount of such expense to the Issuer; and tlic:Issuer may, require payment to it of such amount as a prerequisite to its Ineu.Mng any such expense Thq Borrower in accepting this proposal, will thereby agree to_indemnify_and defend the Issuer, and hold the Issuer harmless'against any and all claims, losses, IlatiI sties or damages to., property -or any injury or death of any person or persons occurring in_oonneeflon with the_ construction, equipping and operation of the Project by or on behalf of the Borrower, or fn, any way ggrrowing but or resulting from this proposal (upon_1ts becoming an egreement_It nccePted).including,_withouf,;aimitat[on, all costs and expenses.of the Issuer, including reasonable attorneys' fees, incurred in the enforcement_o. any agreement of the Borrower herein contained in the Agreement and, in -the eve the_bonds_are not ell, is 'Indemnity shall survive the termination of the agreement resulting from the Borrower's acceptance of this proposal. 7. The proposal of the Issuer as set forth herein is subject to the following conditions: (a) The Borrower shall, from the date hereof until the sale of the bonds provide a balance sheet and income statement of the Borrower in reasonable detail for and within 50 (fifty) days following the end of each of the first three quarters of the Borrower's fiscal year and an audited balance sheet and income statement for and within 120 days of the end of the Borrower's fiscal year. Nothwithstanding the Borrower's obligation to provide such financial statements, until sale of the bonds, the Borrower shall within 10 (ten) days after its occurrence, notify the Issuer of any material change, whether or not adverse, in the business, operations or financial condition of the Borrower. (b) In the event the Issuer shall, at any time prior to the sale of the bonds, determine in its sole discretion that there has been a material adverse change in the business, operations or financial conditions of the Borrower, whether or not such determination is based upon the financial statements or notices provided by the Borrower in accordance with paragraph (a) above, the obligation of the Issuer to issue and sell the bonds shall, at the option of the Issuer, be terminated. (c) The Issuer shall continue to have the legal authority without the further authorization or approval of any other governmental body other than the approval required by paragraph 8 hereof to issue the bonds. In the event action by any other governmental body is required the Issuer shall use reasonable efforts on its own behalf or on the behalf of the Borrower to obtain such approval. If any such additional approval is required and has not been or cannot be obtained within the time period provided in paragraph 5 hereof then the obligation of the Issuer to issue the bonds shall at the option of the Issuer be terminated. (d) A Certificate of Need shall be issued by the Department of Health and Rehabilitative Services covering the nursing home portion of the Project. 1-1-1G,7 (e) All public hearings and approval requirements imposed by Section 103(k) of the Internal Revenue Code of 1954, as amended, shall have been complied with by, or for, the Issuer. If this proposal shall be satisfactory to the Borrower, please have the acceptance statement which follows this proposal executed by the proper officers of the LKL-7/11/83-603 -6- Borrower duly authorized and provide an executed copy to the Issuer, whereupon this proposal will constitute an agreement In principle with respect to the matters herein contained. (SEAL) Attest: Yours very truly, CITY OF CLERMONT, FLORIDA By: Chairman Secretary The terms and conditions contained in the foregoing proposal by the City of Clermont, Florida are hereby accepted as of this day of , 1983. LAKE HIGHLANDS RETIREMENT AND NURSING CENTER, INC. By: 201 Soulh Oran0o Avonuo ` • • Orlando, Florida 32801 305/O46.3400 Mr. Herbert L. Dodgers Chairman Lake Highlands Fetirement and Nursing Center, Inc 151 Past Minnehaha Avenue Clermont, Florida 32711 Dear Mr. Dodgers: I am pleased to advise you that the anoved tkcie foll�cxaing ocommitment k: Bank of Central Florida, N.A. has apple to purchase a 52,900,000 Industrial EzE Centel: Thi cf��nt Lake Highlands Retirement and Nursing is subject to the following terms and other conditions as the bank p may deem necessary. Amount: $2,900,000 r 60 new nursing beds , 29 adult Purpose: Addition of facilities fo%f— congregate living facility units, ears« �F ag } ate 't-'�,•"�aei�t�+-roams, completion of kitchen, dining and common areas to the existing Lake Highlands facility. Rate: To fluctuate at 788 of the Barnett Bank ofJackt date, Prime rate, changing monthly on the loan payment provided the interest on the bonds remains tax free to the bank. Should the corporate tax rate to the bank change or interest on the bonds be taxable, to a greater degree that at the closing date, the interest rate will be adjusted or the bank will be indemnified to cover the additional y to le,ould the the ate will be adjusted torest on the the Bernet fully + 1% effective the Barnett Bank of JacksonvillePrime le. date the interest is fully 3f of 1%, Payable on acceptance of this comu.tment. Fee: ! Repayment: Interest only to L7ecember 31, 1984, then a 13ip year monthly Payments of principal and amortization with interest. Principal portion of the Payment will be adjusted at least annually to give an even payment over the remaining amortization period. Closing: Prior to December 31, 1983 June 16, 1983 Page 2 call provisions: Every year beginning five years from the initial funding date, the Hank has the option of calling due the unpaid balance of the bonds plus accrued interest by filing notice at least ninety (90) days in advance. Collateral: First mortgage on land, buildings, and fixtures, furniture, and equipment per plans, specifications and inventories to be approved by the bank. Guarantors: Herbert L. and Rowena Rodgers other conditions: 1. Harnett Bank Trust Company, N.A. to act as trustees. 2. Bond counsel to be approved by the bank or, at the banks option, Hank Attorney to act as review attorney. All docurmntation to be prepared by Bond counsel. 3. All out of pocket expenses including, but not limited to, Bond and Hank attorneys fees, issuer's fee, trustee fees, mortgage broker fees are the responsiblity of the borrower and may be paid out of bond proceeds as allowed by attorneys. 4. Bonds are subject to validation as indicated by Bank Attorney. 5. Final plans, specifications, cost breakdown and construction contract are subject to approval of the bank. 6. Construction inspector is subject to approval of the bank. 7. Subject to MAI appraisal on completed facility of at least $4,150,000. Choice of appraiser subject to bank approval. 8. Corporate property will not be sold without written bank approval, other than in normal course of business. 9. Corporate stock will not be sold by the guarantor or otherwise transferred without written bank approval. 10. Borrower and architect will warrant that the planned facilities meet state Medicaid and local building codes. 11. The corporation will provide the bank with a copy of the annual state Department of Health and Rehabilitative Services audit and inspection reports of the facility. June 16, 1983 Page 3 12. The Corporation will provide the bank with annual and quarterly CPA caviled financial statements, signed by a corporate officer. 13. Guarantors will annually provide the bank with a signed CPA compiled financial statement and IRS tax return. 14. The Corporation and guarantors will maintain their primary depository accounts at Barnett Bank. 15. The loan will be governed by the documents prepared by Bond Counsel, Bank Counsel and the bank. In addition, the following interim construction loan conmi.tment has been approved subject to the following terms. Amount: $2,900,000 Purpose: construction of the above facility additions Rate: Barnett Bank of Jacksonville Prime rate + 2% Repayment terms: Principal due one year from funding, interest payable monthly. Funding under the IRB will pay out this loan. Collateral: same as IRB commitment above Guarantors: same as IRB camiitment above Funding: Prior to December 31, 1983 other conditions: Funding is at the option of the bank and only after IRB validation proceedings have been capleted or waived by Bank Attorney. All other conditions the same as the IRB commitment above. Please sign and return the enclosed copy of this letter as evidence of your acceptance of the terms and conditions of this commitment. The commitment will expire July 1, 1983 if not accepted by you on or before that date. June 17, 1983 Page 4 I am pleased to offer this commitment and I look forward to working with you on this project. The finished facility will be a very attractive facility that will allow you to greatly expand your services and I know we both want to see the project progress as rapidly as possible. Sincerely, John D. Hallstrom Vice President The above " and conditions of this commitment are accepted 201 South Orange Avenue Sulto 600 Orlando, Florldn 32801 305/040.3400 July 18, 1983 Mr. Herbert Rogers, Chairman Lake Highlands Retirement and Nursing Center, Inc. 151 Bnst Minnehaha Avenue Clermont, Florida 32711 Dear Herb: This letter is to confirm that I have provided you with, unexecuted copies of the Inducement Resolution and Letter of Intent and Inducement Agreement relating to the $2,900,000 industrial revenue bond issue for the expansion of your nursing home facility. These documents have been prepared by the bond . counsel the bank has chosen to document this issue and to provide the bank with opinions that the issue is legally issued and that the interest will be exempt from federal income taxes under existing law. Per this resolution, the City of Cl.ermont would issue the bonds which the bank has_FWumitted to purchase. With they - purchase of the bonds the bank will be secured by a first mo gage en tthe-rea-l-property-of-th>T ake:i ighiande I ent n urf Inc nnd�so_by-�eurit-y_ -etr-s-€rnihng_machinery Brrest yand equ.pment. We have anal.yzsd the�nP.ticiaLstsen�th of the center's operations and feel that the cash_fjoF+�from net income and_ depreciation wil cover the bond repayment schedule. Should .' operations not provide LuE dLrq,r,rn repayment,-the-.oan_Agree- m n an rust To enturg will allow ns tg ook to the property of the center and to you an your wife personally under void___. guaran es .or repwyment. Th e is no liability on the City `of-C. moo[ to provide for repayment on the If you have any questions concerning your liabilities or those of the center and your wife in relation to these documents or those that will be prepared to close the bond issue, it may be advisable to consult an attorney of your choice. Sincerely, John D. 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(��., n a,J � , b.�„ �- Sky. ,� .,f .r+.�s,, ,"ti,,'., .i�} � a ��• ` f� r i CITY OF CL5RMONV P.O. BOX 219 CLEIIMON'r, PLORIDA 32711 • ('IIONE 904/3')4 4001 July 20, 1983 Jerry McDowell Lake County Council on Aging, Inc. 1,211 Penn Street Leesburg, Florida 327d8 Dear Mr. McDowell: I appreciate your concern for the Clermont area, and your assist- ance in establishing a Senior Citizens' Center Annex for our. City. The City Council also believes that providing additional services for Senior Citizens is important for our City. For this reason, they will allow the Lake County Council on Aging to utilize the Kehler Park Recreation Building for Seniors' activities on an ex- perimental basis for a period of one year. After a one year period from the date of this letter, we will again evaluate the use of this building. As you are aware, this building is also used by the Clermont Recre- ation Club, an existing organization composed mainly of Senior Citizens. We believe that the activities of your organization will complement the efforts of the Recreation Club, and we request that you work directly with a representative of this Club to sched- ule the use of this building. The following guidelines are designed to insure that there are no conflicts over the use of this building by the Council on Aging, and must be followed: 1. Use of the building must be coordinated with the Recreation Club on a monthly basis. The City will be the final arbitrator of any disputes between the Council on Aging and the Recreation Club. 2. The Council on Aging is authorized to utilize all equipment in the building owned by the City of Cler- mont, but may not use equipment or furniture belong- ing to the Recreation Club without• their express consent. 3. After each use of the building your organization will be responsible for sweeping the floors and per- forming any other work necessary to keep the building in as good condition as it was found. Page two 4. No improvements to the building may be made, or signs erected without approval from the City. By following the above guidelines, we will be able to coordinate properly all activities in the Kehler Park Recreation Building and to improve services to our Senior Citizens. Thank you for your interest and cooperation. if you have any questions, please feel free to contact- me. Sincerely, , George D. Forbes City Manager GDP/mgg REQUI::iT volt:__Varianre._____-_�__.___ _.._ DATEI:___..July OWNER: Chyrel Y. Boney APPLICANT: Same PROPERTY: Southwest portion of Tract 1, Oakhurst Subdivision Legal attached. LOCATION: South of DeSoto Street on Anderson ZONING: R-1 Residential REQUEST: Variance to Subdivision Ordinance lot width require- ment. Applicant requests lot width of 73.33 feet, whereas ordinance states 75 feet are required. COMENTS: The applicant owns a piece of property approximately 220 x 288 feet, and wishes to divide it into three building lots. Each lot will be 73.33 feet wide and deep enough to contain at least 20,000 square feet. The Subdivision Ordinance requires lots to be 75 feet wide and have an area of at least 7500 square feet. Sec. 20-13. Variances of the Subdivision Ordinance reads as follows: In the event a developer can show that strict application of this chapter deprives him of the reasonable use of his land and that he suffers a hardship as defined herein and that the granting of a variance to the chapter will not adversely affect the essential character of the area, the City Council may grant a variance. Chyrel Y. Boney Subdivision Variance i LEGAL Begin on S line of Tract 1 325' W of SE corner. Run N 182.5'1 W 48', N 48.51, W 1401, S 11', W 100', S 220' to SW corner of Tract 1, E to POB. Clermont, Oakhurst Subdivision. TO THE ZONING BOARD 01' AWINTMENT OF THE CITY OF CLERMONT. F )IDA nrrLlcnNT y� /VU- nonnrss: yc �._/_I�.tLU2s'_G.��/.:lG-rC.. er 1?� • '1'OX ;�,; Gentlemen: LY%tmon4/ 7// 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: i Repair ( ), Add to ( ), Alter ( ), Construct. ( ), Move and Place ( ), a (sign) building � _ onriir� rr ra%7�J i un lot/5 / l f Hlock _ sir^ _ ��.GPf:'L.�.::r _ n .y._._.._...-^-� --_G�l�.�l11LGf ._1ffi%*i nly- Subdivision. •reZw r/�,.��, AddressGcirl ._��c_/• tom �i=,Zone Section of Code!S.L1�11_..._.._....._Jn the City of Clermont, Florida. , The reason given by the Building Official for the decision in refusing to issue a building permit is:,��o�,%/oa<Qo��<�c/�f��i��d/nscl/c�`s My appeal to your hoard is based on my contention that this decision create a hardship on me for the following reason, or reasons: iw-/ �fi�Pinft�rcd S.Gr�J�o� firms gico :�iGs �..r:'.�//i�ifr✓c f/�ir�wir:.,1,/ni-/.:o�i��%'i o17c zo Go7 .F ,lil.:i �r✓o ri� Z � //,`' Sq � � c� ��. C•..-.r_/ , of i:f ,:cP.B � 6r= �i.�. //f/�f�r_oiSc� /inr_./ ed�-� Ser<Q/ ;oo �' Boa/.�q;'r•>1 ,�.•,��//'vi��i/J�:; i��,<�c .�-�i Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size D," x 14" minimum size. 4 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 is 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:_ f Very truly yours, 5/17/77 LEGAh NOTICE CITY Or CLER14ONT Notice is hereby given that the City Council of. the City of i Clermont will consider a request for a variance to .lot width requirements for the following property: Southwest Portion of Tract 1 Oakhurst Subdivision This request will be considered at a Public hearing before the City Council on Tuesday, July 26, 1983 at 7:30 p.m. in the City Council Chambers. All interested parties will be given an opportunity to express their views in this matter. Please be advised that, under State Law, if you should decide to appeal a decision made with respect to this matter, you will need a record of the proceedings, and may need to ensure that a verbatim record is made. Wayne Saunders City Clerk South Lake Press July 21, 1983 I 1' CITY OF CLERM®6\ T P.O. OOX 210. CLERMONT, FLORIDA 32711 . PHONE 004/3944001 July 10, 1983 Dear Property Owner: As an owner of property within 150 feet of the southwest part of Tract 1, Oakview Subdivision, you may be interested in knowing that a variance request has been received for certain property in this area. The request is for lots of 73.33 feet, whereas 75 foot lots are required by the ordinance. This request will be considered by City Council at a Public Hearing on Tuesday, July 26, 1983 at 7:30 p.m. in the City Council Chambers located at the corner of West Avenue and West DeSoto Street. You are invited to attend this meeting to express your views on this matter. By working together we can keep Clermont an attractive community in which to live and work. ncerely, Marilyn G. Gee "e Planning and Zoning Technician PROPERTY OWNERS WITHIN 150 FEET OF SOUTHWEST PORTION OF TRACT 1, OAX11URST SUBDIVISION Everett Abney Tract 1 10635 NE llth Avenue Miami Shores FL 33100 William P. Jones Lot 53 Shady Nook 435 Sheldon Place Tommy Hypos Lot 54 Shady Nook 437 Sheldon Place II.E. Swearingen Lot 55 Shady Nook 447 Sheldon Place William Setterich Lots 33 & 34 Shady Nook P.O. Box 10 Wewahitchka FL 32465 Willie D. Montgomery Tract 1 419 East DeSoto St Louise Lockhart Tract 1 447 East DeSoto St John Meadows Tracts 2 and 3 50 Palmetto Drive Tavares FL 32778 GA'ff: ,., Ju1Y_•,1;�„•.1.98.3._.,_ __...__.._.__._ 0WIMR: Vivienne Jan Thompson APPLICANT: Same PItGPHION: Land between Lot ]. & Lake from westerly exten- sion of southerly line of Lot 1 to north line of Sub - loss north 50 ft. and less south 40 ft. LNCATtplt; Minnchaha Shores 2248 South Lakeshore Drive ZONING: 11-1 Single Family Residential ttL•'QtIN.ST: Variance from 25 foot rear yard setback re- quirements. Addition will encroach six (0-6 feet into rear yard. The addition is to be used for a dining room. The owner states that her hardship is that she MMIMEINT5: would not be allowed to build an addition under the present ordinance. Whenever a new home, or addition, is built in a flood hazard area (as this is), the surveyor must install benchmarks at the high water and 100-year flood elevations. Once the floor is poured it must be certified by a surveyor or contractor as to its exact elevation. The City's Flood Hazard Regulations state that the 25 foot required rear yard does not begin until the high water mark, and the lowest floor of the building must be at an elevation at least 18 inches above the 100-year flood elevation. For properties on the Clermont Chain of Lakes the high water mark is considered to be 97.5 feet. The 100-year flood elevation is 99 feet. There- fore the lowest floor of a building must be set at 100 feet six inches. PLFASF PRIw* OR TYPE p TO THE ZONING BOARD OF ADJUSTmair OF THE CITY OF LERMONT FLORIDA �) , APPLICANT �� %^/ OL114 NAME:y�i�1. ADDRESS: ate" Gentlemen: Having posted the necessary $25.00 appeal fee with the City Clerk, 1 hereby make application to your Board for relief from a decision of the Building Official of the City of Clermont, whereby 1 was refused permission to: Repair ( ), Add to ( %Q, Alter ( ), Construct (A, Move and Place ( ), a (sign) building on lot/s*j-(nG(nMp ai'l"" & Block Subdivision_aj�j�LtCOALI&SIaW, Addresst�- Section of Code26-16 Measurement of Yard Setbacks in the City of Clermont, Florida. The reason given by the Building Official for the decision in refusing to issue a building permit is: Ndw a 0p;-K7- wou4,( Fig of W 11"/ info &1& SFr &4ke , proposed addition will penetrate six (6) feet into the required twenty-five (25) foot rear yard and also the twenty-five foot flood hazard requirement of the established high water mark. My appeal to your Board is based' on my contention that this decision creates a hardship on me for the following reason, or reasons: toI ST L✓bf/Lo 0.or f}LL.7rJ Av- rig ue,6 ann o+�i•�+1►•.. -tAe PrCSCN% Or4,"1A-t tom' . Seven (7) copies of all necessary floor plans, plot plans, and other pertinent infor- mation are attached hereto, on paper size 0," x 14" minimum size. I submit that 1 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, constructim of the st7// ture must be completed within one year from date of grant. Date: '3 Very truly yours, 5/17/77 1. ATTACHMENT "A" viv&onne J. ThomDcon 2248 S. Lake Shore Drive `a�. t3c"Y 56•9 Clermont, Florida 32711 LAND n,illn LOT 1 & LAKE rRO'1!T,T,YEEXTSS O r3'T,YF, LINE Or LOT 1 TO N LINE Ol' � LESS S'LY 40 FT MINNEHAHA SHORES FI-113 163.('0' $652.00 61inn to: From: Subject: 1'umax),a: VarianIX` Apt)] ieantn c!il:y manager. V,utiance Stanclu•d, this mn mp ::a, an•ittcn to assist Clernont Citizens in underotandinq the tnmrtom of zoning vari.allws and thu spec:ir'ic cim-motanco, ill which tin: City Council c;m grant varianu�s. 4fien nminq wn:; first ez�nel ivrd, citizens and lawyers were mnccrned al,out tile difticulty of writing qunc�t:,Il rule.:; over land use. that onul.ct be exalIA cable to innemi erable pines:; nl' ptul erLy. '1'hure. would I.ee rasa., for a::amnq�le, where a gonnrat side yard re,IuircnCnt: would be a tardslu.p on a few lots that o ry)l am••h.,•truL wrtlm LAW paLtorn. Fur thin. reason, the varinnrr w.I:; includod in Thu Zoning ordinancc as a dovim to al.lwialk muGainw:;:; in Particular cases. Ccit4l)III1.10NI; 'J11A'L' MUST BE MET: 'tile mncrlmt of a variancxt w&; rn .'Or intended to be away of relaxing zoning rexlulatinns on a wholesale fashion. In order to authorize any variance frcrn the city's Zoni:xj Ordimince, the City Council nnast find the following: 1. '11>�t s�xcial condition. or circcmutances exist which are peculiar W our ]told, stnicLiieu, or building which are not applia�ble to - y ---- other properties in your zominq district. Ibis would include toixxiraphic features,ouodd rtnast 5lhnAJ fl itlots, the strcte restuircments, etc. In other words, y application of the 'lonimg ordinance produces a unique or unnc:ces- sary hvirciship in regmrd to your. ro rt� that is not applicable to other properties. 2. 'ill- hardshi must not Ix, self created. IScamples of a self created _E-r ... ivirdlap would inclu.lu IWvi.nq to build an extra garage because you bought another cat; o,_ enrlarging your hone h.e`Canse Your mother-in- law is mining to live with you. 3. The City Council cannot grant a zoning variance to You that will grant You a npcuiai L)rivilec e wlu.ch is denied to other property owners in tile_ sane zonmq district. This might include 1,11ILitting the erection or operation of a busi- ness that would otherwise not be permitted by time Zoning ordinance. For exaWle, allowing a shopping center to be built in a residen- tial zone. This Would require rezoning the property because the City Council cannot by a variance change the basic zoning classi- fication. 4. In order to obtain a variance you must dermnstrate that a literal interpretation of Ulu voldlty ordinance would deprivo you of r>9l ts_ ccmronly enjoyed bry other properties in the sure zoning district, and cause an umnecassary and undue hardship for you. f hige -2- hS lin to: varlanco Appl i::rmtn Subject: varinncc standards, If yuu (mined a sln�,ily 101. Ihat• was platted many years ago and cVr-s not now mot I)p lot width ruquirownts of tlu: Zoning ordinance; yuu Imly have a situation where a literal interpretation of: our Zoning ordinance would cdepriv0 you of the use of your Jot. Ibis is a right enjoyed by other ad- joininJ prcport:icn ancd mould result in an unrhda hardship. Ik1dOvert ecanamic cdi.njdvantage alone does, not conntitut0 a headship Nit Nit: do warrant air ntl.ixi a var ancr A person wanLing a land area vU11Tmcc fcir a fourple; IxciCtiix he can t nf.Corrl to buy onouglt p:qrrty (Iono, not have nuff:ich:nt grounds for a varinnxl. 5. any variance that i❑ granted nnL:t 1.o the minimtun variance to icr 1x),siblc 'he reasonable use of: yourpr2ixrty_:n�e� bens, iiim wltdn Cho µrural inb nt. of the Milinq ordinance. WNCT US M: If; you Naicve that your rceltu;t for a zoning variance nrt s the above five conditions; feel free to cca:gtlete the attached application folms. Please rermmbor that you must cdenviotrate to tho City Council, acting as the Zoninq [laird of Adjuntnunt-, that, your variant. rcrp -st :nets the above conditions tx:fory your request can Ix: granted. i .. _. _ Ir fl. j�....._.-�; p� Sfi,� �' 1 I � z- � � r � � i `�-,� '�� -- I —JAL, NOTICE CITY OF CLERMONT 'goticu is hereby given that the City COL"lc:l.l. of the City Of Clermont will consider a request• f:or a variance to rear yard setback rayu:i.rcu;unts for the fol..l.owtny property: 2248 South Lakeshore Urivc This request will be con:;idered at it lwl,lic hearing before the city Council on 'Pucsclay, July 26, ].98'] at 7:30 p.m. in the City Council Chambers located at 882 West- DOSOtO Street. ell interested parties will be given an opportunity to express their dews on this matter. Please be advised that, under State Law, if you should decide to appeal a decision made with respect to this matter, you will need a record of the proceedings, and may need to ensure that a verbatim record is made. Wayne Saunders City Clerk South Lake Dress :July 21, 3.983 CITY OF CLER910g®6! T P.O. BOX 210 • CLERMONT, FLORIDA 32711 . PIIDNF 004/304 j i P 4.. July 18, 1983 c Dear Property Owner: As an owner of property within 150 feet of 2248 South Lakeshore Drive, you may be interested to know that a variance has been requested for this property. The owner wishes to build an addi- tion to the rear of the house, and this addition will extend into the required rear yard setback by six (6) feet. This request will be considered by the City Council at.a Public Hearing on Tuesday, July 26, 1983 at 7:30 p.m. in the city Coun- cil Chambers located at the corner of West Avenue and West DeSoto Street. You are invited to attend this meeting to express your views on this matter. By working together we can keep Cermont an at- tractive community in which to live and work. sincerely, C G Marilyn G.* eorge Planning and Zoning Technician PROPERTY OWNERS WITHIN 150 FEET Or 2248 SOUTH LAKESHORE DR. Lot 1, Block 5, Minnehaha Chain of Lakes Metes and Bounds Frank L. Caldwell' 2235 South Lakeshore Drive A.E. Langley 6088 Masters Blvd. Orlando 32811 James G. Stearns 2251 South Lakeshore Drive 7GUCQDNAAtnD 11. HAKIM, Jgt. ATTOI,NGT AT LAW notlr orrice onAWr.O lootl /'1.N It DI /INT, V/./IIt1UA 11L711 rrtu nnonern. IA luo.l ,n..+•en. nemennen unren.e nn.r, i wn[n, eeures Arm enure nuunnm July 26, 1983 Mr. Goorge Forbes City Manager, City of Clermont 1 Westgate Plaza Clermont, Florida 32711 RE: INDUSTRIAL REVENUE BOND Dear George: Pursuant to request by the City Council, I have reviewed the request by Mr. Herb Rodgers of Lake Highlands Retirement and Nursing Center, Inc., for the issuance of $2,900.000.00 in industrial revenue bonds. Particular attention was paid to the issue of the legal ramifications to the city. In connection with my research, I spoke with the County Attorneys Office, officials from Barnett- Bank and bond counsel. Additionally, I reviewed the Florida Constitution, the Florida Statutes, recent case decisions and general legal literature on industrial revenue bonds. Industrial revenue bonds are authorized by the Florida Constitution and by chapter 159, Florida Statutes. The procedures for issuing the bonds are clearly outlined in the statutes. Basically, they involve the following: 1. The city determines if the project will be beneficial to the economic growth of the community, provide for employment, public health or general welfare. Bond counsel in Jacksonville has made a determination. that this project meets this requirement. 2. The city determines if the borrower has the financial capability to repay the loan. Barnett Bank has apparently made this determination because it is loaning the money. The council should probably request a statement from Barnett Bank, either in the minutes or by letter, that the borrower does in fact meet this requirement. 3. The city must be able to handle the project in terms of public facilities.,; The council should probably consult with the city staff regarding this requirement. In the event the city determines the above criteria have been met, the city then issues the bonds. The bonds will be purchased by Barnett Bank and the city then loans the money to the borrower. The money is disbursed by a trustee (Barnett Bank Trust Dept.). All of the documents of sale and purchase, security interests, pledges of .revenue and s. loan agreements will be prepared by bond counsel at no cost to the city. All expenses are paid by the borrower. July 20, 1983 Mr. George Forbes City Manager, City of Clermont Page 2 The Florida Constitution, the Florida Statutes and case decisions all provide that there will be no liability to the city in the event of a default by the borrower. All of the financing documents also contain this provision and bond counsel will issue its legal opinion that there in no liability to the city. In the event of a default, Barnett Bank will. look solely to the project for payment, not to the city. In conclusion, it is my opinion that there are no legal ramifications to the city in this matter. It appears that the city is simply a "flowthrough" in effecting financing for projects that will serve a community need. Very truly yours, / LEONARD H. BAIRD, JR. LHB/kgc WAI:f M M. M(I.IN, 111 It. DI:N'1:Y IIIINNNID STANf.1:1• 9. MARLIA'. 11111M A. TIMMINON STENIIGN W. aouNNON July 25, 1983 DON 11. 111110(IS Mr. George Forbes City Manager City of Clermont Post Office Box 219 Clermont, Florida 32711 Re: .Cl PAL Dear George: i� RECEIVED JUL 2 6 1983 McLxN, 1bjitNstn), MAUA171,1; K DIo11rr��oT 1�11(11'lIMN1ONAf, ANH(1(:I A'1'1 (>N AvrousI;YH AND COIINHIt I.011H AT LAW I (I (ID wHHT MAIN HTu11NT I . I:I:HIIIIR(1, III,0111DA 327.&U-1157 PLI:nNl: 111:1'IA'1'0: I'UN'1' Ol rlCl: DIIAWI:B 10n7 AIIXA CO)I: 004 'I'I•.1.1:1'IIONI: 7117- IQ•11 I am enclosing a copy of a letter from William H. Stone, an attorney in Clermont who now represents the Weber Trust. Basically, his clients are offering only to clean up the outside of the - building, clean out combustible material inside of the building and keep the lawn mowed. Also they say they will keep the windows and doors boarded up to keep out transients. Beyond that, it appears the Trust is not willing to commit itself to do anything to remedy the problems with the Clermont Hotel. I submit this to you as the apparent offer of the Trust in the negotiations into which we were authorized by the City Council to enter. However, it certainly does not fulfill the intent of the council, and would at best maintain the status quo of the building indefinitely, something which would be totally unacceptable. I suppose this should be submitted to the Council for comment, but it is not what I had hoped for. Therefore, as directed by the Council we will continue to proceed with the lawsuit against Mr. Buttitta. At some point, it seems it would be incumbent on the trust to intervene in that litigation in order to protect its interests, since if we win the hearing coming up in early August, the only step left will be the entry of a final judgment based on the default against Mr. Buttitta. At that point, Mr. Buttitta would have thirty days within which to begin renova— tion or demolition of the building. After that, the City could approach the Bankruptcy Court in Orlando for permission to implement the remainder of the judgment, which would allow the City to tear the building down and charge the cost of it as a lien on the property. Mr. George Forbes City Manager City of Clermont Page Two July 25, 1983 Please let me know the feeling of the Council on this, and I will in turn convey that feeling to Mr. Stone on behalf of the Trust. In the meantime, we will pursue the litigation against Mr. Buttitta as directed. Yours truly, ✓%� FRED AO/RRISON FAM:klo enclosure DiCLIN, 131JUNH111), MARA111,11 Li INUMIUSON 111101111NNIONAI. AHH11Ci A',i11N A,rro IINIIYH AND COIINH II LDIIH AT 1.Aw I I,, Wiwi. MAIN H'I'ID1119' LIM141111110, F1,0111DA .12740-I'177 rIXANII MINN 10: IIIIIII011111CH 1111AN'111t 10.17 D, 1i 1111'll\' 1111ItNNtIO AIIIIA C0111i !)(,-I STANIXY U. kIA11,\111.11 "I'1:1.111''ll (1 N 1: 711]•IL•.11 11IM11 A. 190011I.-N KI'111'1111N 1v, .IOIINNON July 25, 1983 DON 11. IIIt10t1N William H. Stone, Esquire Post Office Drawer 520 Clermont, Florida 32711 Re: Clermont 112tgl Dear Bill: I have received your letter regarding the Clermont Hotel, and have forwarded it to the City for consideration by the council. Given - the comments during the last meeting I attended there, I would anticipate the City rejecting your short term proposal. You speak of the dispute between the City and Mr. Buttitta, and of your solution as being an interim remedy pending resolution of that particular dispute. Actually, the dispute of the City is with the building itself, and that dispute, whether it be with the [Veber Trust, Mr. Buttitta or anyone else, will not be resolved until one of two things happens. Either the building will have to be destroyed, or someone will have to go in and remedy all the code violations in the building, and convert it to a use which is compatible with the current zoning of the property and which complies with all the codes which are now being violated. As I told Councilman pool during the last meeting at which I addressed this subject, there is no law against a vacant building per ju.', but it appears that so long as this building stands vacant as it currently does, it will act as a magnet to transients, who will continue to break into the building to sleep or do .whatever it is transients do in vacant buildings. This,, in turn, constitutes a hazard to the surrounding community by virtue of the possibility of increased crime from the transient population, as well as the risk of fire in the building which could spread to surrounding houses and structures. I will certainly let you know what the City Council decides, as soon as I hear from George Forbes concerning their comments on your proposal. In the meantime, we have been directed by the i William H. Stone, Cayuira July 25, 1903 Page Two Council to proceed with our lawsuit against Mr. Ruttitta, and for the present time that is what we will be doing. I will keep you advised of the progress in that suit, so you will be in a position to advise your clients concerning what action, they may want to take regarding it. Yours l truly, �K �RGD A. MORRISON PAM:klo WILLIAm H. STONE ATTOMMY AT LAW ]n11 IA nrl,anA r. n11:C1 G� F."MONT, FLmnIOA 3n711 n n. dI1nW1:11 tlDd I -' e11UIlC IDndl ]51�•�UUD ,Iuly 1.9, 1981 Fred A. florrinon, Esquire McLin, Burnned, MarabIt! h MorrInoo P. 0. Drawer 1.357 I,eesburg, Fla. 32749-1.357 .. Re: Clermont Hotel. Dear Fred, As you are apparently aware, T hnve been retained to represent Richard W. t'lober, 'rrustect with respect to his :interest and involve- ment in die above -referenced matter. I have reviewed with my client the documentation that you enclosed in your letter of .Ial.y 8, 1.983, including the memn from Mr. Smythe, the Director of Public Works to Mr. ButtiCta, dated September 8, 1980; the memo from the Fire Chief to the City Manager, dated October 16, 1980,-and -the -- - -- inspection report prepared by the Division of Hotels and Rastnurants of the Department of Business Regulations of the State of Florida on October 1.6, 1980,.all. of which were examined in the context or I:he other enclosure, Section 202.2 of the Code of Ordinances of the city of Clermont, pertaining to the Standard Code For The Elimination Or Repair Of Unsafe Buildings. Bnticd upon the defects and requirements delineated in the above -referenced enclosures, my client has agreed to immediately assume possession of the premises, secure any open doors or windows, remove any accumulation of debris or other combustible material from the attic and basement, remove anyaccumulation of debris or rubbish from the exterior. of the building, and mc the prem:Lses. idy c.LienC has Purt:her agreed to continue these snfegunrcling measures unCi.1. such time as the dispute and relationship between the city and Mr. Buttitta has been resolved. Your letter also made some reference to my client's intended use of the building ,once* it is back in their. hands". Since we are not parties to the present litigation, I fail to see how it is going to be places] "back in our hands" unless it is through some form of receivership capacity such as we ]lave suggested above, sol.e.l.y for the purpose of July 19, 198:1 Fred A. Morrison, I'aqulre Fnge Two fin fcgunrdLill, Live premises until the disputo hetween the City and Mr. Iitit tiLLa Ls finn1,1y resolved. As for ns any .long term prospects nro concerned, my cllonLs have not at Lhis pnlnt thoroughly evnluated their ❑iternatives except to indicate thnt we do intend to protect our mortgage interest in the prendses ;md do not in Lend to permLt our security to be razed in col luncti.on with n rhtnicl.pnl l'I.rc Deportment fire drill unless the My or Mr. ButLittn comes forth with sufficient funds to satisfy the outstanding bniance on our mortgnlle. if you o, the CiLy would be w1lling to pursue our uhurt term m intion, please advvLse and Mr. Weber and 'I: will be more thin glad to meet with you and the appropriate representnLi.ves of the C[Ly of Clermont at Your convenience. Thank you in advance for your continued consideration in this regard. Yours very ,truly, WILLIAM 11. STONE - MIS :mam cc: Richard W. Weber, 'Trustee c/o Leonard 11. Baird, Jr.., Esquire