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05-10-1983 Supporting Documents® CITY OF CLPRAIONT MINUTES REGULAR CITY COUNCIL MEETING May .10, 1.983 A Rogular Meeting of the City Council, of the City of Clermont was held May 10, 1.983 in the City Council Chambera. The Meeting was called to order by Mayor heals at 7:30 p.m. with the following Council. Members .in attendance: Mayor Pro 'Pont Pool., Ann Dupee, Ilai. 9.'urvillc, and Lester Colo. Other. City Officials nresent• were; City Manager Forbes, City Attorney Baird, and Deputy City Clerk Brandt. The Invocation was offered by City Manager Porbes, followed by the re- poat-ing of the Pledge of Allegiance by all present-. MINUTES The Minutes of the Regular City Council Meeting held April 26, 1983 were approved as presented. CITY MANAGER'S REPORT SUMMER RECREATION PROGRAM It• was reported that the Summer Recreation Program is in the process of being finalized. Last week seven Swimmers' Aides participated in the training program, and will be hired to assist with the Summer Swim Classes. POLICE DEPARTMENT City Manager Forbes commended the Police Department for its fine efforts in conducting surveillances in various residential areas to apprehend a burg- lary suspect. These surveillances were conducted by officers and dispatchers who volunteered their time without pay. Mr. Forbes stated that he was very proud of these men, and that they would receive a Letter of Commendation for their efforts. It was also reported that a primary suspect in the recent' rash of burglaries had been arrested. FEDERAL SENATE BILL 141 It was recommended that the Council support Senate Bill 141 which limits damage awards in matters of Constitutional Rights Violations. After some discussion, it was the consensus of the Council to have Mayor Beals send a letter to our Senators supporting Senate Bill 141. HOUSE BILLS 555 & 807 It was recommended that the Council oppose House Bills 555 & 807 which would require mandatory certification of building inspectors and hold cities liable if faults were found in structures inspected by their building inspectors. After some discussion, it was the consensus of the Council to have Mayor Beals send a letter to our local Representatives opposing HB 555 & HB 807. SENATE BILL 674 It was recommended that the Council oppose SB 674 which deals with sovereign immunity and would increase cities tort liability from 200,000 to 1,000,000 dollars. After some discussion, it was the consensus of the Council to have Mayor Beals send a letter of opposition to our local Senators. FINANCE DEPARTMENT - PURCHASE OF TYPEWRITER City Manager Forbes reported that the Finance Department was requesting permission to purchase a new IBM Selectric III Typewriter. The typewriter presently being used is a 1964 model. The Selectric III would cost $828 , from the State Contract and would be purchased from Contingencies. After 83-074some discussion, A MOTION P1AS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER. COLE AND UNANIMOUSLY CARRTRD TO AT.T.nw TPTT, PTNATTrR nFDADMMrmT . ES. AM CITY ON CLERMONT MINUTES REGULAR CITY COUNCIL MEETING May 1.0, 1983 Pago -2- SEMINOLE WELL HOUSING City Manager. Forbes stated, that• .Lf there were no Council objections, he would have the Ci.L•y Engineer draw up plans and specifications for L•ha Seminole Well ❑ousing as soon as possible. The project• would be tat• for bids later in the year and included in next year's budget•. After some discussion, it• was the consensus of the Council to allow City Manager Forbes to authorize the City Engineer to draw up plans and specifications for the Seminole Well Housing. COUNCIL MEMBER COLE'S REPORT CHAMBER OF COMMERCE - LABOR DAY ROAD RACE Council Member Cole asked if the Chamber of Commerce would have the exclusive right to sell food during the Labor Day Celebration. City Manager Forbes explained that as in the past-, L•he Jaycee Beach Concession Stand would be open and that the Chamber could also sell food since it was a non exclusive franchise. CHAMBER OF COMMERCE AND CITY COUNCIL WORKSHOP Council Member Cole stated that the Chamber of Commerce wanted to have a joint meeting with the City Council, and after some discussion, it was decided to have a joint Workshop from 7:00 to 9:00 P.M. on May 31, 1983. MAYOR BEALS' REPORT OPTIONAL GAS TAX Mayor Beals suggested that at the next Council Workshop on May 17, 1983, , the City should discuss the proposed optional gas tax, and that if Lake. _ County does decide to levy the tax, how it should be distributed. It was the consensus of the Council to discuss this matter on May 17th. MAYORIAL PROCLAMATION - NATIONAL PUBLIC WORKS WEEK Mayor Beals read a proclamation, proclaiming the week of May 22-28 National Public Works Week in Clermont. VISITORS WITH BUSINESS JOHN GREENLEE - AUDIT AGREEMENT It was explained that the agreement with Greenlee, Paul, Kurras, Certified Public Accountants was for the City's annual audit for the year ending September 30, 1983. Council Member Turville asked if the fee for the audit had increased. City Manager Forbes stated that the fee for the annual audit report and annual financial report, as required by the State, would be the same as last year, $12,500. The additional cost of $500 would be for an audit report on Federal Revenue Sharing for the three year period ending September 30, 1983. The total fee would be $13,000. After some discussion, 63-075A MOTION WAS MADE BY COUNCIL MEMBER DU -PEE, SECONDED BY COUNCIL MEMBER TUR nTm JOHN GREENLEE - REQUEST FOR GRASS PARKING It was explained that Mr. John Greenlee had requested to be allowed to in- stall a driveway behind his office at 752 Montrose Street to allow grass parking for his employees. The proposed parking area would require a curb cut for access. Council Member Cole asked if the curb cut would cause any water problems, and City Manager Forbes explained that it would cause no problems as long as the concrete drive is constructed the full width of the 83-076curb cut and 6 feet in length. After some discussion, A MOTION WAS MADE BY,r COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO ALLOW MR. GREENLEE'S REQUBST FOR THE CURB CUT AND DRIVEWAY CONSTRUCTION n ovr - nrrrrr. Am 7S7 MnNTROSE STREET. ® CITY OF CLRRAIONT MINUTES REGULAR CITY COUNCIL MEJ:,TI.NG May 10, 1983 Page -3- RESOLUTION NO. 427 - CONDITIONAL USE PERMIT LAKE, HIGHLANDS NURSING HOME Mr. Herb Rogers, owner. of Lake highlands Nursing Home, appeared before the Council. to request a Conditional Use Permit to construct an addition con- sisting of sixty beds and twenty-nine efficiency units three stories in height. A similar plan was submitted three years ago. however, construction was never begun clue to the prevailing high interost• rates in 1981. Mayor Beals asked if anyone present in the audience wished to speak in favor, or against the proposed CUP, and no one spoke for or against it. Mr. George Dupec who lives at 1654 East Avenue stated that he had no real objection to the proposed expansion, but he and the McCances and Powells were concerned about a buffer between the properties zoned R-lA and the Nursing Home property which is zoned R-3. ile stated that they felt a combination of hedges and fence would be needed as the buffer between the two types of property. Mr. Art Thayer who lives on the east side of Drew Street stated that something should be done regarding employee parking be- cause lights hit his home at night from the employees' parking lot. At this point in the meeting, Council Member Turville suggested that the Council discuss the eighteen conditions for the Conditional Use Permit in numerical order, to lend clarity to the discussion. #1 stated that a sidewalk must be constructed to City standards on the east, west and north perimeters of the nursing home complex. Mr. Rogers stated that he had no problem with this, but wanted to stop at the entrance to the building to avoid the slope problem at this point. #2 stated that the existing building must be facelifted and the new building' completed as shown on the architect's conceptual plans. Mr. Rogers stated that the completed building would look like the picture. #3 stated that the visual appearance of the shed to the south of the property must be upgraded. Mr. Rogers stated that the shed would be closed in on the west side so that lawn care equipment would not be visible, and the shed would be upgraded. #4 stated that the parking spaces on City right-of-way on Minnehaha and East Avenues must be eliminated and enough parking spaces provided to meet the City requirements of one space for each four beds and each four employees, plus one space for each staff doctor. It was reported that City Ordinance discourages backing straight out into the street such as on East Avenue and this parking should be eliminated. Mr. Rogers stated that he wanted the parking left the way it was on East Avenue, they had been parking there for seventeen years, and stated that there would be additional parking in the front of the building. City Manager Forbes stated that the parking on Minnehaha should be eliminated but Mr. Rogers stated that the parking was needed because elderly visitors could not walk the 15' incline from the far parking lot to get into the building. It was brought up that on the original plans a service driveway went across the property at the rear of the building, however, it was eliminated in the present site plan. Mr. Rogers stated that the architect inadvertently forgot to draw the driveway in. The driveway is needed to give large trucks access to the building for deliveries. Much discussion followed on whether any part of this driveway should be allowed on R-lA property. 83-077After much discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY CARRIED TO TABLE RESOLUTION N0. 427 UNTIL THE JUNE 14, 1983 REGULAR CITY COUNCIL MEETING. MR. ROGERS WAS ASKED TO PREPARE A NEW SITE PLAN WHICH INCLUDES THE SERVICE DRIVEWAY AND SATISFIES Council Member Dupee asked for clarification of a statement made by Mr. Rogers regarding the financing for the proposed expansion. Mr. Rogers stated that his bank was in the process of initiating revenue bonds 0 CITY OF CLrRMONT MINUTES REGULAR CITY COUNCIL ME1"PING May 1.0, 1983 Page -4- for the expansion. City Manager Forbes stated that .i.f the City Council did pass Resolution No. 427 granting a Conditional Use Permit to Mr. Rogers, in no way should it be construed that theCi.ty endorses the issuance of Industrial Revenue Bonds for the expansion of Lake Highlands Nursing Home. RESOLUTION NO. 428 - CONDITIONAL USE PERMIT 748 LAKE AVENUE Mayor Beals reported that Mr. William Westburg had requested to be allowed to use the former Kid Stuff Day Care Center building located at 748 Lake Avenue as a residential duplex. A CUP is required for dwelling units in a C-2/CBD Zone. Mayor. Beals asked for comments regarding the CUP from those present in the audience, and no one spoke in favor or against the proposed 83-078duplex. After a brief discussion, A MOTION WAS MADE BY COUNCIL MEMBER P00 SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE ia CHAMBER OF COMMERCE USE OF KIWANIS ROOM IN JENKINS AUDITORIUM It was reported that the Chamber of Commerce had requested to use the Kiwanis Room at Jenkins Auditorium to expand their office space, and would pay an additional $20 per month for the room. Mr. Searles stated that the extra space was needed because the Chamber had hired a part-time secretary. Council Member Dupee asked if this room could still be used by other groups such as the Centennial Committee. Mr. Searles said that he would allow suchc' use if contacted first. The Kiwanis Club did not object, their only request 83-079was that their name remain on the room. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY ON THE ROOM. LEASE FOR KEHLOR PARK RECREATION BUILDING It was reported that City Attorney Baird had rewritten the hold harmless clause of the proposed lease agreement with the Lake County Council on Aging and that the lease agreement states the Council on Aging will pay for all utilities and schedule events which won't interfere with the Recreation 83-080C1ub's use of the building. After some discussion, A MOTION WAS MADE BY cnuNCTL MEMBER POOL, SECONDED.BY COUNCIL MEMBER TURVILLE AND UNANIMOUSLY EMERALD LAKES GARBAGE COLLECTION AGREEMENT It was reported that City Attorney Baird had drawn up an agreement which would allow Aspen -Emerald Lakes Mobile Home Park to collect their own garbage as was previously requested. Mr. Tom Lemon of the Emerald Lakes Home Owners Association passed out copies of a motion passed during their May 9, 1983 meeting which opposed any change in the present trash -garbage collection service. Mr. Lemon stated that he felt the City should not enter into any agreement with Aspen -Emerald Lakes at this time because of the Home Owners Association's pending lawsuit against Aspen -Emerald Lakes. City Attorney Baird concurred with Mr. Lemon and stated that a letter should be written to the owners stating the City's position on this matter. After 83-081some discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY ..,....,. .,'. 11 nnnnc —In r1h1AMTMnnCT.v CARRTF.n TO TABLE THE AGREEMENT WITH INTRODUCTION OF ORDINANCE NO. 152-M - REZONE 501 ALMOND STREET It was explained that Mr. Tom Dougherty had requested that Lot 127 of Cler- mont Heights be rezoned from R-3 Residential/Professional to C-1 Light CITY OF CLRRd10NT MINUTES REGULAR CITY COUNCIL MEETING May 1.0, 1.903 Page -5- Commercl.a.1. . At the April 6, 1982 Planning and Zoning Meeting and the May 3, 1903 Planning and Zoning Meeting the request was denied. It was further reported that two property owners within 150', Mr. Morse and Mr.. Robert Thompson were opposed to the rezoning request. After some discussion, COUNCIL MEM13ER POOL INTRODUCED ORDINANCE .152-M BY TITLE ONLY. SURPLUS PROPERTY AND VEIIICLE SAhE City Manager Forbes reported that the City of Clermont wished to declare the following vehicles and machines surplus and have them sold at the City of Leesburg Public Auction on May 1.4, 1983: 1 - 1977 Ford Sedan, Police Dept-. V.I.N. F7112711162322 1 - 1981 Ford Fairmont Sedan, Police Dept. V.I.N. 1FABP21D5BK18059 1 - 1976 Ford Maverick - Code Enforcement, V.I.N. 6K92L147777 1. - Copystat Copy Machine - Police Department 3 - 10-Key Adding Machines - finance Department 83-082After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED TO DECLARE THE VEHICLES AND EQUIPMENT LISTED ABOVE SURPLUS AND HAVE THEM SOLD AT THE CITY OF LEESBURG PUBLIC AUCTION ON MAY 14, 1983. It was further discussed that the Police Department has a great deal of unclaimed property and wished to hold an auction sale here in Clermont. City Attorney Baird had researched the laws regarding such sales, and City Manager Forbes requested the Council's permission to hold the sale. 83-083A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER ------ RESOLUTION N0. 426 - INTERIM FINANCING FOR LANDSPREADING PROJECT Mayor Beals explained that Resolution No. 426 must be adopted to allow the City to obtain interim financing for our landspreading project. In looking over the Resolution, it was noted that the proposed date to open the interim financing bids would have to be changed to Monday, June 13, 1983 so that a quorum of Council Members would be present to award the bids. After some 63-084discussion, A MOTION WAS MADE BY COUNCIL MEMBER TURVILLE, SECONDED BY COUNCIL MEMBER COLE AND UNANIMOUSLY CARRIED BY ROLL CALL VOTE TO ADOPT RESOLUTION AIC WITH THE OPENING RTn nATR CHANaRD TO .TUNE 13. 1983 AT 10:00 A.M. THE COUNCIL AGREED THAT A SPECIAL MEETING WOULD BE HELD ON JUNE 13, 1983 AT 1:00 P.M. TO AWARD THE BID. THE VOTING WAS AS FOLLOWS: COUNCIL MEMBER POOL, AYE; COUNCIL MEMBER TURVILLE, AYE; COUNCIL MEMBER COLE, AYE; COUNCIL MEMBER DUPEE, AYE; AND MAYOR BEALS, AYE. THE RESOLUTION WAS READ BY TITLE ONLY. The Meeting adjourned at 9:15 p.m. a,L d3. dS Charles B. Beals, Mayor Attest: Ju 'e M. Brandt, Deputy City Clerk This report has been prepared as a preliminary investigation to determine a safe method of Solid waste disposal in Lake County, which will help safeguard Municipal water supply, and at the same time help reduce taxes and electric rates to the consumers in Clermont, Florida. Presently there is about 114,000 tons of solid waste being disposed of by landfill in Lake County, divided into the following areas. Astatula (South Tavares) 51,713 tons per year Lady Lake (North of Leesburg) .17,408 Log House (Groveland) 9,904 Umatila (North of Eustis) 6,833 Leesburg 28.08 Total solid waste in Lake County 114,000 Tons This is an amount equal to an area the size of a football field and. as tall as a twenty, story building. The County charges $1.65 per cubic yard to dispose of the cities solid wastes. This amounts to over $620,000 per year. According to Mrs Lewis of the Lake County Engineering Department, it is getting more difficult to obtain land fill sites all of the time. Leesburg is considering going to incineration in the near future. In a news article dated February 3, 1983 Robert Smyth, Clermont Public Works director said, "We are concerned that the County's Log House landfill, where the city presently disposes of trash will be completely filled in 1983. This will force dispsal of our garbage and trash elsewhere. If the County cannot find a new landfill site in our vicinity, we may be forced to haul our trash many more miles or use a transfer station." No one wants a landfill near their property. Landfill is not a sure safe method to dispose of solid waste. In the textbook, Living Environment by Miller, "A landfill is a solid waste disposal site that is located to minimize, water pollution from runoff, and •'leaching." There is no :assurance that landfill is com- pletely safe. It would appear that the only real safe method is by incineration. In a news article dated February 2, 1983, Roy Hornd=, professor of Physics at Florida State University said, "Landfills are inappropri- ate for hazardous wastes in Florida." Herndon was formerly executive director of Florida's Governor Bob Grahm's Hazardous Waste Policy Advisory Council. Professor Herndon also said he didn't think it possible to design a Liner that would prevent hazardous wastes from eventually escaping into the state's fragile environmonts; with its sandy soil and high water table. IIe advocated shipping the material out of Florida or treating it such as by incineration. Herndon further stated in the same article, that a survey has shown that hazardous wastes go out with the regular garbage and winds up in landfill. Incineration will eliminate many of the problems associated with landfill. Solid waste can be used as a fuel to produce electricity and thus reduce the cost of power to the people of Clermont, and at the same time cut the amount of taxes within the city. From the standard Handbook for Mechanical Engineers, by Baumeister & Marks, 5,000 B.T.U.s per pound is the average heat content of solid waste that is 58.6% combustible and 22.4% moisture. Converting this to electricity would produce 833 kwh per ton. The amount of solid waste in Lake County would produce 95,000,000 kwh of electricity ; per year. Using data supplied by George Forbes, Clermont City Manager, it is estimated that Clermont would have about 3,000 electric customers. After talking to Leesburg Electric department it was estimated that the Clermont customers would use.an average of 1,600 kwh per month with an average demand of 4kw. This would be atotal of 57,600,000 kwh used by Clermont leaving 37,400,000 kwh to sell to Florida ; Power Corporation or to the power pool. The total peak would be 12megawatts. However the solid waste will support a larger plant. Clermont has another need, to get rid of their secondary sewage (Treated Effluent). Th±.s effluent can be used as cooling water for a power plant. The estimated cost of this plant is 15 million . dollars. (3) Si An estimated breakdown of the income and expenses of such a proposed YY plant are as follows. Plant production 95,000,000 kwh per year Clermont usage 57,6000 Surplus to sell 37,400,000 Annual costs Bond repayment $1,960,000 (per George Forbes) Fuel cost @ $2.38 per ton 271,000 Maintenance 95,000 Operating Labor 320,000 $2,646,000 + 10% 264:000 Total $2,910,000 Annual Income from 95,0009000 kwh per year. Clermont usage @7.5q. per kwh $4,320,000 Surplus @3.442 1,287,000 Less landfill fees 16.000 Total $5,623,000 Minus costs 2,910,000 2 Total income over expenses --------------- $,713,000 ' Using one of the residential electric bills in Clermont the average kwh cost was 8.32t,, therefore the city could charge 7.5¢ which would be a rate reduction in Clermont of in excess of $472,OOO,direct. The Lake County Cities would have saved over $600,000 in landfill fees. From Economics by Camb011 R. McConnell, "The multiplier effect is based upon the two seemingly innocent facts, on the one hand the economy is characterized by, repetitive continuous flows of expend- itures and income. Wherein the dollars spent by Smith are income for Jones. On the other hand any changes in income will cause both consumption and savings to vary in the same direction as and by a fraction of the change in income. For examplo assume income $5.00, change in consumption 3/4, savings 1/4. 1st round $5.00 $3.75 $1.25 2nd 3.75 2.81 .94 3rd 2.81 2.11 .70 4th 2.11 1.58 .53 5th 1.58 1.19 .39 All other 4,75_ 3.56 1.19 $20.00 15.00 5.00 Until the savings equal the change in investment or the original $5.00 Since the citizens of Clermont realized a direct savings of $472,000 plus the $2,713,000 difference in income over expenses, the total would be $3,185,000. If we use the multiplier effect, the economy of Clermont would increase over $129000,000. The economy of. Lake C6unty;would increase almost $2,500,000 if we use the multiplier effect and the $600,000 they saved in landfill fees. The cost of power will be stabilized in.j.C.lermont because'.fuel, costs,will not. be. - greatly: off ected, such as other fuels. In summary, Clermont and the whole State of Florida must do something about the problem of solid waste and drinking water pollution. The city of Clermont can and should take the initiative to build a r solid waste fueled power plant. This will help decrease water pollution and decrease the cost of electricity in the City of Clermont. Such a power plant, City owned and operated will reduce taXes:in Clermont, and the economy will be boosted by the multiplier effect. pONALD H. TRACY, ne )CAL ESTATE BROKE It A67 4A0T MITI Nf IIA NA AVY:NUf, 1: 61'; ,IM 0117, 11.0111oA 11711 6.W. conpie 1 oY H1011WAY 60 A 27 March 30, 1983 RFECEIVED MAR 3 1 1983 1 urrlcl: tool 1oA-Axl: APT, 11116,100/1 204-1110 City of Clermont ATTN: George Forbes P.O. Box 219 Clermont, fl. 32711 Dear George: Due to some changes that are required to complete my project at 857 Last Iinnehaha, I am requesting that I be allowed to address the City Council at the next Council Meeting and request some minor changes to the original plat plan. I would appreciate your acknowledgement of this request with a date and time for the hearing. Sincerely, J Y -1 4+6� Donald It. Tracy DNT/ces 1 Iiogan & McLean Citrus Investments 1041 West Itighway 50 Clermont, Florida 32711 904-394-6681 City Council City Hall Clermont, Florida 32711 RE: Bennett heights, Lots 2 through 14 Ladies & Gentlemen of the Council: This is an inquiry in reference to the above described property now owned by the City of Clermont. It is an unused and abandoned clay pit located just off Mohawk Road, approximately one mile behind the Citrus Tower. In view of the fact that the property is unused and of very little value I would lire to ask the Council to declare the property sur- plus. I have been approached by a friend of mine who is very interested in the property. My client will follow whatever procedure the Council deems necessary to purchase the property. Thank you for your consideration. Sincerely, R: Keith_ Hogan Broker RKH/gn Memo to: City'Managar. From: Utility Director Subject: Transferring water Services Data: April. 5, 1983 in order to complete transferring water services from the old galvanized water lines to the new water mains, I will need an additional 576 hours for two part-time service workers. 576 hrs. needed x $3.82 (hourly rate) = $2,200.32 As of this date, the part-time crew has transferred 165 water services. In addition, the part-time crew has abandoned the old lines and tied the old lines in the new water mains. In some areas (where we were having complaints of dirty water) the old two inch galvanized lines were tied into the new mains, and the water cleared in the old galvanized lines. Not only are the 165 water services which were transferred getting good water now, but several hundred water services are getting better water. There are several areas in town which need line replacement. You have a map which indicates where the line replacement is needed. Most of these lines are two inch galvanized pipe and are twenty to fifty years old. I propose that we use Schedule 40 PVC pipe as the replacement main. At this time, I estimate I need 2,848 hours for two part-time service workers. 2,848 hrs. x $3.82 = $10,879.36 + $781.26 (6.7% Social Sec.) = $11,608.28 'Dotal S Jip�jlerely, CiCT�` 0 C RMONT (�1, 4 I Iitl PRRSTON DAVIS Utility Director PD/jmb Phone 10110311110 4. WOODARDS' OPOSAL FORM Poll Iteoturanto Ak Guall! ItIl"I" BEACH CUNCELbl(INSTAND cull.en Strus ofnce - Web -ter, Fl. Gelieral misn"Icer Kyle E, Woodard. Owner I. pj.,E PER 14ONT11: $ DESCRIBE 1,110POSCD OPERATION AND THE I,:QUIPMENT WHICH WILL B1.1 USED: CAI ii.i. coMMBNT:;: IV. I have read and understand the specifications for the OP— cration of the Jaycee Beach Concession Building- I agree that if I submit the successful Proposal; T Will sign a lease agreement with tile City which incorporates the City's minimum specifications- N ADDRESS CTTY .,Lr .' P& ONE NUMBER w ,. JAYCEI; DIIACII_ III)U:;li c:U11C1 lia 111J AGIthRMI.NT 1. PAIVI'1LSI This Agreament is made at; of the Y 19111 day of _....._....._ ..._.. between the CITY OF CLERMONT, here01,11tor Ler1110,1 "c'ITY", AND Kylr.. hei%,InofLeI* Lot'mc:rl "l,liti'ilil{ 2. D1iSCRlI'TI_UN A14D FEES: The only property subjcl:t. to the terms .;n,l I,rovu;inns of this Ayrou- ment shall be the Jaycee Lfearh Ilousu on I,.Iku Minrleola Drive (.;Late Itund 561), within the corporate limits of the CITY of CLERMLINT. The fees to be paid by the LESSEE for Ihe. use of :rush preplisr:t, are one Hundred A,o,col Sevunt -Five Dollars (5175) fur each full c:aland,n• munch in which tilt' __.. ,....— ---- — snack bar/restaurant is operated. For any month in which the snack bar/ restaurant is not required to be operated the full month, . Five Dollars and Eiyh.�y-[�ive Cents _($5. HS)„ will be paid to tho CITY for each day o1 operation, not to exceed •-Une Hundrod and 5oventY_Five Dollars (5175) pur month. The LESSEE shall also Ilay 011,1•11allof all water charges. The sewer and sanitation charges shall he paid by the CITY. 3. TERMS OF LEASE: A. The term of this Ayrucluunt !;hall be Ironl May 23, 1983 to May 1984, and the parties agree Lhat it the LESSER: shall perform all ob].i.ga tions, covenants and agreements to be performed by him under the provi- sions hereof, the LESSI-X :;hell have 1.1lr. o),Liun to renew the lease he in for an additiunal two (2) (,ill ion puriuds o1' one (II year Cacle, pn.rvidrd further, that the LESSEE shall noLily t:he Cl'I'Y not later than Lhilty (la) days before the expiration period of his desire to exercise each option. The fees described in Paragraph Two .lhovo may 1w renoc.lotiatrd if LESSI•l" exercises his option to renew- B. NuLhiny in Lllis AgrrwnunL Sh.Ill. In, int.,:rpcuLrd to grant the an exclusive right to sell Well and Leverages in the beach area, but such right is granted for the 8oach House buildinq alone. However, no otlicr person, corporation or organization will be allowed to sell food or bever- ages without the diiPL'oval ul Lhu City Counri.L. C. 'Phis Agreement may he .upended at any Limo with the concurrence of both the City Council and the LESSEE. .,it 4. CANCELLATION: ® ® ~~ Githur party may Canoe) 1110i Jearu- upon •jiviliq t:hu oLhar party thLrLy (30) days or murc written 101iC0 ).n a.lvanev I'h" CI'I'y may additionally cancel thiu lc.ise in Lhe t'vunl. Lha LIVINIC :;hall lirra.h any of the It -rill!) of this lease. In ouch the riglit Lu lmnlw.11al - ely reenter and retake Iwsor:;sign ut s.tid I,u;llit (e:s identified huruin. 5. USG Ur l'It4MI5L'_S: A, Tho LI;SSLG shill usI. and orrupy tar preminvn sot!sly a; a nnnr): bar/restaurant facility, and ter nn ether purinise::, and shill in t'hii u;•• and occupancy of the prununcs, confoLm to all laws, orders, and requl,atit-it of the 1'edcral, state, and Loral Govornmcnts. B. IL is rurt.hcr undcrslaod and agreud I,y tar LIISSEN, that this Agrrc' ment is subject to the lullnwinq condi.t:Wn:,: (1) Th'! I•LS!;hl; .01.111 opdi,tlr Lhr• :it.t-•l, hnt,'ru,;luuranl Lrtwr n Memorial Uay and Labur Day uauh yu,tr with Coo(i service Open at lutist lirm 10:00 a.m. Lo 4:00 p.m. wuukday:i, nn weekend::.in(] holidays, except in tiro,-. of bad weather. In no ('aGv will tit" ':nark h tr/rrsl auranI. he oIit, unrl irr than 6:00 a.m. or later Lhul 10:00 P.M. 'ilh,i ::pack bar may not bill 01-11 irlit:r than Muun.irinI Day ni al lei L.thur U,iy wiLhuut. prior City C•nntril approval. (2) The LF.SSE: shall serv,: IOW :such as s.lndwit:hc.^, and sn.t(J. fu(•.1 and non-alcoholic beverages such aS ::oft dunks. LESSEE may also, at: hi:: option, serve full meals. It is expressly undcr.sl.00d that no alcohul.ic beverages will be sold or cunsumcd oil Lhe pl•cmises at any time. No glass: will be allowed outside tho snack h,ir/restaurant.. LE-sSRE may not in:a..il l any vending machines nor upc•rato in .uty m;uun•r on Lilt,outside of Lit -!:;nark bar/restaurant.. (3) The LLSSEE shall conq(ly with .111 I irrnsin(i, health and (ithrr requiromunLs (it law. (4) The LE9S1:11 shill malnl,ii❑ prruurr:; in .t l lean .unl 9.utiLuy manner at all Limes, including Lbe public t-k,StreUmS, adhere to all health regulations, pay any license or tax imposed on the business, and conduct the business in an orderly manner. C. The LESSEE shall not. per.turm any alterations or improvements to the premises, nor assign Lhis lease or sublet any part of the premises and without the express; written lwrmirsino n f Lac Cf'i'1'; and shall quit. deliver up t34%id premises al. Lilt, ,:rot ul nald Lt.rut In ,n1 good cundit.iun an they are new, excluding ordinary wane and t,!'clr. D, It is expressly understuorl and ill ;l conditi.oll of Lhis AgroctnenC that the LI'SS6E sh,Ill a.'rv,.r .11 l l urn: n l on Sul brain, find not dln criminate in his servir,, ul rnq,luylm,I,L fill lhr b.t:,ir n1 fig,:, :;rx, ,',tI t , or nationality. G. CARE AND Hlil'Allt Olf I'R1;h11S1i1): A. The CITY s11a11 bu rosl,onsibl.: for com;Lruet.in,l any repair:: Lo the public restruums and Lite bui ldimJ exterior. I'hr CITY shall insurance on the building, inc.ludinq restruunit„ and hold the LIiSl;hli harn,l for damil-jus arising from the pu1)lic'1; use of lhc. hrarll and c'entrooms Lhat are not. it resulL. of no.Jligont;u ur )nCentionul art:; fill the part of the LESSEE. B. The LESSEE shall be responsible for the inleri.or walls, carpotinn. IiyhLing, inclwlin,.) 11'.Iht bulb:: au,l h•tllasls, and any informational .utl locdliunai signs. No sign:; :;hall be inslallod with„fit ill(!writlon 11�'r•uli:;- Sion of the CITY. C. Al 1 iml ruvement :; ucnk• by l II•. LI;SSI:I: Lu l he promisee which atlaC. to Lhe Inewisc th.11 Ihry r.nuu,l I I.•tttovod without maleri-11 tn. jury Lo Lhu premises, shall hur.anr lhu prulx:rly ul' lh! C'T'I'Y upon in:;tnll,r Lion. Nut )aLel' tl,.ul Lit,! L,,RI ,Illy „f l.he trlm „I lllis l •.u:c, Lht• shall, at. LESSEE'S expense•, ''!"'o . ill „f his I :rnunal. property and Lilt,:;, - improvements whiuh have not, brc,nnc tit,. pn,perLy of the CITY. 7. INSUILANCE: The LL•'SSL•:L•' shall maintain aduquAe public rasilally insurance, in the amount of ONE HUNDRED '191nnt;AND AND N„ /100 I)r,1,1•ARS ($1110,111101 por nrritl,•ul . The LLSSLL, shall, by J,ortL,ty Ist ul cdch y,•ar, pruvidt! rertificAuS ,:vi denciny all such insul.lncu Lu the CITY- H. 110111) HARMLESS CLAUSE. In regard Lu any usc, services, or operaLiuns,performed by the LESSEE, such operations shall be deemed the operations Of the LESSEE as an indcpc" dent corporaLion, and Lhe CITY shall not, to any degree, extent, or manner, whatsoever, be considered as havilly any interest herein, either as a joint enterprise, employer, or agency relationship. The LESSFE shall hold the y and all claims, demand suits,' judgments, and CITY harlaluss against an arsons r, :;uit in l I•r„r ae LIi;SI•H',, oporatiorls hercunder; expenses by any PUBtainud in Othe leaned promines, or an rwilt of anythLn9t4' claimed or omitted to be perrornind by Ov. 1,VSMU; horoundor. Executed at Clermont, Plorida, on the drry of 1903. Signed In the presence of: Till.; 'ATY OP CIA-I'MONT ©Y• ..CITY,, "LESSEE" ATTEST: WaYree—si—un—T,Tr—i'l—Ci7t—i—Cl6TR- ■IHi4DNA1tU 11. 11A11U).111i. ATYOH14LY AT LAW 11061 .11— o.lA ioeo VI.11IMONT. Y1,/I111M 114111 April 12, 1983 Mr. George D. Forbes City Manager P. 0. Box 219 Clermont, Florida 32711 RE: MUNICIPAL. ELECTIONS Dear George: Pursuant to request by the City Council I have reviewed the provisions in the City Charter and the Code Of Ordinances relating to elections, more specifically, the date of the general election. It is my understanding that the City Council is considering changing the date to coincide with the State of Florida general elections. As a matter of procedure, it will be necessary to take the following actions: 1. Adoption of an Ordinance submitting the following Charter amendments for referendum: a. Article II, Section 6 (b). Amendment should be adopted changing the dates to 1st Tuesday in November. b. Article II, Section 6 (d). Amendment should be adopted changing the date to 1st meeting in January. c. Article III, Section 24 (a). Amendment should be adopted changing the date to 1st Tuesday in November. d. Article III, Section 25. Amendment should be adopted changing the date to 3rd Tuesday in November. 2. After the referendum, an Ordinance should be adopted amending the following section of Chapter 7 of the Code Of Ordinances: a. Chapter 7, Section 7-1. Amendment should be adopted changing the date to 1st Tuesday in November. The foregoing amendments would provide for an election in November. In the event no candidate received a majority of votes, a run-off election would be held two weeks later. Alternatives may be considered as follows: Mr. Ceorge D. Forbes City Manager April 12, 1983 Page 2 1. Amend the Charter to provide for election of the candidate who receives a plurality instead of a mnjortty. This would remove the need for n run-off election. 2. Amend the Charter to provide for a primary election the list Tuesday in September after Labor Day. On even -numbered years, this would coincide with the State primary. There is no State primary on odd -numbered years; however, there is a county -wide election. In the event there. were only 2 candidates for each office, the primary election would not be held. It is my understanding that the Countil has discussed at length the second alternative and I have therefore prepared a draft Ordinance for your review. Very truly yours, LEONARD H. BAIRD, JR. City Attorney LHB/rpe ORDINANCE NO. AN ORDINANCEUNDER TINS CODE OF ORDINANCES OF THE CITY OF CLERMONT, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY OF CLERMONT PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF CLERMONT: PROVIDING FOR PRIMARY ELECTIONS FOR CITY COUNCIL; PROVIDING FOR A GENERAL ELECTION; PROVIDING FOR THE PLACING OF THE PROPOSED AMENDMENTS TO A VOTE OF fill; ELECTORS AT THE NEXT GENERAL ELECTION, AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: SECTION 1. PURSUANT TO CHAPTER 166.031, FLORIDA STATUTES, 1983, the following proposed amendments to the Charter of the City of Clermont shall be submitted to the electors of the City of Clermont: a. Article II, Section 6 (b) shall be amended to read as follows: Article II 6 (b): Council seats. There shall be five (5) council seats numbered 1 to 5 consecutively. Any elector of the city may qualify for any one of the said five (5) seats. 'The present members of the City Council shall hold their seats for the term of office for which they have been elected. Seats numbered 1, 3 and 5 shall be up for election for a period of two (2) years the lst Tuesday in November, 1984 (and every even -numbered year thereafter). Seats 2 and 4 shall be up for election the 1st Tuesday in November, 1983, (and every odd -numbered year thereafter). However, Seat number 3 shall henceforth be designated as the Mayor -Councilman's Seat, and the person elected to that seat shall serve as Mayor for his two-year term. He shall assist in developing community policies and work with the Council to develop these policies and interpret them to the public. He shall represent the City at official functions, appoint advisory committees, coordinate their work, and maintain contact with other governmental agencies and civic groups. b. Article II, Section 6 (d) shall be amended to read as follows: Article II 6 (d): Oath. Elected officials shall take the oath of office during the last regularly scheduled Council meeting in November of the year in which they are elected. c. Article III, Section 24 (a) is hereby amended to read as follows: Article III, Section 24 (a); Regular Elections. The regular city election shall be hold on the lot Tuesday in 1 November in each year. 1 d. Article III, Section 25 is hereby amended to read as follows: Article III, Section 25: Primary Elections. In the event there are more than 2 candidates who qualify for any seat, A there shall be a primary election on the 1st Tuesday after Labor Day in September of each year. In the event one of the candidates receives a majority of the votes, he shall be declared elected. In the event no candidate receives a majority of the votes, the 2 candidates for whom the highest number of votes were cast shall stand for election- - on the lst Tuesday in November. i SECTION 2. The proposed amendments shall be placed on the ballot at the next general election held within the City of Clermont by the following questions: Do you favor the proposed amendments to the Charter of the City of Clermont, Lake County, Florida, as proposed in Ordinance No. relating to changing the date of the City Counc selections. SECTION 3. Upon a favorable vote of a majority of the electors voting in the said election, the amendments shall be incorporated into the Charter and the revised Charter shall be filed with the Department of State of the State of Florida, at which time the revised Charter shall take effect. SECTION 4. . This Ordinance shall be posted -at the City Hall until after the general election. SECTION 5. This Ordinance is adopted pursuant to the Charter of the City of Clermont and the general laws of the State of Florida and shall become effective upon itn passago and approval. PASSED AND ORDAINED BY THE CITY COUNCIL OP THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, the day of , 1983. CITY OF CLERMONT By: Mayor AGREEMENT THIS AGREEMENT, by and between the CITY OF CLERMONT, a municipal corporation, Lake County, Florida, and SOUTH LAKE FIRE DISTRICT, Lake County, Florida. In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. The CITY OF CLERMONT hereby agrees to provide dis- patching service for the SOUTH LAKE FIRE DISTRICT subject to the terms and conditions contained heroin. 2. The CITY OF CLERMONT shall provide dispatching services through a pager system only. All equipment to provide this service including, but not limited to, a separate telephone and the pager equipment shall be purchased by the SOUTH LAKE FIRE DISTRICT and approved by the CITY OF CLERMONT. 3. The SOUTH LAKE FIRE DISTRICT shall provide training for the dispatcher and shall provide appropriate location information in the form of maps and other information needed by the CITY OF CLERMONT in order to dispatch. SOUTH LAKE FIRE DISTRICT hereby agrees to in- demnify and hold harmless the CITY OF CLERMONT for any damages sus- tained by the CITY OF CLERMONT in connection with or as a result of the dispatching service provided by the CITY OF CLERMONT to SOUTH LAKE FIRE DISTRICT. 4. The SOUTH LAKE FIRE DISTRICT shall pay to the CITY OF CLERMONT as consideration for this service the sum of FORTY AND NO/100 DOLLARS ($40.00) per month. This Agreement shall terminate one (1) year from date unless terminated by written notice by either of the parties. Upon termi- nation of this Agreement, all equipment purchased by SOUTH LAKE FIRE DISTRICT for use by the CITY OF CLERMONT shall be returned to SOUTH LAKE FIRE DISTRICT. DATED this day of , 1983. Signed in the presence of: ATTEST: Wayne Saunders, City Clerk