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01-25-1983 Supporting Documents® CITY OP CLUMONT MINUTES REGULAR MEETING January 25, 1983 A Regular Meeting of the City Council. of the City of Clermont was held January 25, 1983 in the City Council Chambers. The Meeting was called to order by Mayor. Deals at 7:30 p.m. with the following Council Members present: Bob Pool, Ann Dupec, Lester Cole, and Hal Turville. Other City Officials present were: City Manager Forbes, City Attorney Baird, Finance Di- rector Saunders, and Deputy City Clerk Brandt-. The Invocation was offered by Mayor Pro Tem Pool, followed by the repeating of the Pledge of Allegiance by all present. MINUTES The Minutes of the Regular Meeting held January 11, 1983 were approved as presented. CITY MANAGER'S REPORT ORANGE BLOSSOM BREAKFAST City Manager Forbes reminded the Council that the Orange Blossom Breakfast sponsored by the Chamber of Commerce was tomorrow morn- ing in Jenkins Auditorium at 7:30 a.m. Featured speakers would be the City's Senior Citizens Committee, and Mr. Jerry McDowell, Executive Director of Lake County Senior Services. All Council Members were urged to attend. WASTEWATER MANAGEMENT SEMINAR City Manager Forbes reported that if there were no Council objec- tions, he would be attending a seminar and meeting in Tallahassee on February 2 & 3, 1983. The program would cover EPA 208 Program changes, new regulations, financing for wastewater treatment plants, and construction grants. ORDINANCE ADOPTION POLICY In answer to Mayor Beals question of policy for ordinance adoption, it was reported that the Council could require ordinances to be introduced by a formal motion requiring a majority vote for pass- age. Failure of a motion to introduce an ordinance for first read- ing would eliminate further consideration of the ordinance. The City Charter only required that an advertisement appear fourteen days prior to the second reading of the ordinance. City Attorney Baird stated that the Council Policy on this matter, since he was appointed City Attorney, had been that anyone could introduce an ordinance without a motion. This allowed all matters, even those which might be termed controversial, a chance to be heard at a public hearing. Council Member Turville stated that the present way of introducing an ordinance may, at times, intimidate the Council because it tends to imply that you favor what you are intro- ducing. Council member Pool stated that just because you introduce an ordinance does not mean you are going to pass it on the second reading. After much discussion, it was the consensus of the Coun- cil to keep the present policy, allowing any Council Member to intro- duce an ordinance without a motion. KIWANIS LANDSCAPING PROJECT FOR THE FOURTH STREET WELL In response to Council Member Turville's request; it was reported that the Clermont Kiwanis Club, as one of their community projects will assist with landscaping at the Fourth Street Well. TWO CREMORIAL REMAINS PLACED IN ONE CEMETERY SPACE City Manager Forbes reported that he had received a request to allow the cremorial remains of two people to be interred in one cemetery space. He stated that considering the circumstances, he felt that this would be permissible, if there were no Council objections. 83-023 83-024 ® CITY OP CLOMONT MINUTES REGULAR MEETING January 25, 1.983 After some discussion, it was the consensus of the Council to allow this type of int-erment•. COUNCIL MEMBER DUPEE'S REPORT COOPER MEMORIAL LIBRARY As liaison to the Cooper Memorial Library, Council Member Dupeo gave a brief report on the funding received by the Library as a Member of the County wide Library System. She also stated that the Library is writing a five year improvement plan. STATE GASOLINE TAX - EVERETT KELLY Mrs. Dupee asked the Council if they wished to take formal action on the proposed State Gasoline Tax as discussed in a letter from Senator Everett Kelly. After some discussion, it was the consen- sus of the Council to take no formal action at this time. EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Mrs. Dupee also stated that she would be attending her first ECFRPC Meeting this week as Clermont's representative. She also reported on future topics of discussion and meetings involving the ECFRPC. MAYOR'S REPORT Mayor Beals reported that he had attended the Upper Palatlakaha Comprehensive Water Study Group Meeting that morning and that the final report would be presented in the near future. OLD BUSINESS STATUS REPORT ON THE CLERMONT HOTEL City Manager Forbes stated that, as directed during the previous Council Meeting, he had retained the law firm of McLin, Burnsed and Marable to represent the City in the matter of the Clermont Hotel. In their opinion, the City can pursue condemnation pro- ceedings under a special provision in Chapter 11 of the United States Bankruptcy Code which allows governments to pursue actions to protect the health, safety and welfare of their citizens; and is detailed in their letter to the City dated January 19, 1983. Mr. Forbes asked the Council if they wished to proceed in this matter, and stated that he felt that ultimately the final deci- sion would be made by the Judge of the Circuit Court. After some NEW BUSINESS JAYCEE BEACH BUILDING Mayor Beals reported that since Mr. Garvin no longer operates a restaurant at the Jaycee Beach Building, a decision on the manner in which the building will be used must be reached. Three major options for the City were discussed: (1) Keep the building closed and hire a part-time employee to clean the restroom between Memorial and Labor Days, (2) Request proposals for a year round restaurant operation, or (3) Request proposals for a concession stand to oper- ate from Memorial Day to Labor Day. It was decided that previous year round restaurant operations had not been successful, and A MOTION WAS MADE BY COUNCIL MEMBER POOL SECONDED BY COUNCIL MEMBER COLE AND NANI MQUELY CARRIED FOR THE CITY TO OBTAIN PROPOSALS FOR ® CITY OF CLERAIONT 0 MINUTES REGULAR MEETING January 25, 1983 A CONCESSION STAND OPERATION FROM MEMORIAL DAY TO LABOR DAY. AMENDMENT TO CONDITIONAL USE PERMIT - 501 ALMOND STREET it was reported that the City had recoived a letter from Mr. Tom Dougherty regarding Condition Number Vivo of the Conditional Use Permit on his property at 501. Almond Street. Condition Number Five states that the property may be used only as an attorney's office. No other business operation can be conducted from the building, and that the CUP is not transferable to any other business use, person, or corporation. Mr. Dougherty stated that Senator Richard Langley would be using the building for his leg- islative office. The Council must now decide if this use is within the intent of the CUP or modify Condition Number Five to allow uses other than an attorney's office. After some discussion, it was the consensus of the Council to have Condition Number five rewritten stating, "The property may be used only as an office. No other uses (i.e. retail sales) are allowed. This permit shall auto- matically expire on January 25, 1984 unless renewed by the applicant. This Conditional Use Permit is not transferable to any other use, person, or corporation. The City Council may terminate this permit before the expiration date if any of the conditions are violated, and may refuse to renew the permit if this use proves to be a detri- ment to adjoining residential property", and formally passed as a new resolution at the February 8, 1983 Council Meeting. BID AWARD - STREET PAVING It was reported that Adams Construction Company was the low bidder for our street overlay program at $29.85 per ton for asphaltic con- crete. Mayor Beals explained that their per ton cost was below the City's estimate, and will allow us to overlay the alternate street (Minnehaha from Bowman to US 27) and the City Hall parking lot. The streets will be paved according to the City Manager's Memo dated December 22, 1982, and the City will pay for tons of 83-025 asphaltic concrete actually used. After some discussion, A MOTION WAS MADE BY COUNCIL MEMBER POOL, SECONDED BY COUNCIL MEMBER COLE Adams Construction Company $29.85/ton Macasphalt, Inc. $30.67/ton Carroll Contracting $33.37/ton Asphalt Pavers $34.00/ton Basic Asphalt $35.15/ton Leecon, Inc. $35.30/ton Orlando Paving $39.00/ton ENGINEERING FEES FOR SPRINGSTEAD AND ASSOCIATES It was reported that a letter had been received from City Engineer John Springstead requesting that the City adopt a revised fee sche- dule for services as listed in a letter dated January 6, 1983 and a Schedule "A" Hourly Fee Schedule for Professional Services dated May 15, 1982. The revised schedule is the first fee raise since 1977. City Manager Forbes stated that Springstead's bills for services must be heavily documented with detailed information, and that in big projects they sign a contract with fees stated. He also stated that he felt the new fees were not out of line. After 83-026 some discussion, A MOTION WAS MADE BY COUNCIL MEMBER COLE, SECONDED BY COUNCIL MEMBER DUPEE AND UNANIMOUSLY CARRIED TO ADOPT THE NEW FEE SCHEDULE AS LISTED IN THE MAY 15, 1982SCHEDULE"A" HOURLYFEESCHE- requested that Finance Director Saunders check the invoices from Springstead's to estimate the dollar amount.of increase .in --engineering services. ® CITY OP CLBRAIONT MINUTES REGULAR MEETING January 25, 1983 The Meeting adjourned al• 8:30. CITY CLERMO{NTT per, Charles B. Beals, Mayor ATTEST: Wayne Saunders, City Clerk TO: CITY OF CLERMONT PETITION FOR ANNEXATION The undersigned being the owners of certain real property contiguous to the City of Clermont and described in Schedule A attached, hereby petition the City of Clermont to annex said property. Dated: December 9, 1982 C�;� -� "BO - WAD GAIL B. WADE BOB ADE nd APPLICANT 1363WLakeaShorelWADE Drive Clermont, FL 32711 394-3388 SCHEDULE A Legal Description., Commence at the Northwest corner of Section 29, Township 22 South, Range 26 East, Lake County, Florida; thence S. 00-16129" W. along the West line of said Section 29 and the centerline of Grand Highway, 864.79 feet; thence S. 82*54150" E., 30.21 feet to the East right of way line of said Grand Highway and the Point of 82°54'S0" E., 206.46 feet; thence Beginning; thence continue S. S. 0116129" W., 300.00 feet to the Northerly right of way line of State Road No. 50, said northerly right of way line being a curve concave northerly and having a radius of 8519.37 feet; thence westerly along the arc of said curve, through a central angle of 1°23119", and arc distance of 206.46 and a chord bearing and distance of N. 82155'50" W., 206.46 feet to the aforesaid East right of way line of Grand Highway; thence N. 00116129" E. along said right of way line, 300.00 feet to the Point of Beginning, containing 1.3 acres, more or less. I Mcno tot City CounCII 1:roIII : City Manager Subjects January 25th Council Meeting Date: January 21, 1981 The following information is provided for items on the agenda of Tuesday's Meeting: OLD BUSINESS CLE10IONT HOTEL I have consulted with the law firm of McLin, Burnsed and Marable regarding the actions the City may take on the Clermont Hotel. Enclosed is their response which states that there is an exemp- tion under Chapter 11 of the Bankruptcy Laws which allows a unit of government to enforce its police powers. Please review this letter carefully. Council direction on this matter is requested,- NEW BUSINESS J AYCEE BEACH BUILDING — I Since Mr. Phil Garvin discontinued his restaurant business at the .Iaycee Beach Building, we have kept the facility closed. In the past, the City requested proposals from citizens interested in operating a restaurant from the building. However, the building as it now exists is not well suited for a year round restaurant op j cration. Listed below are three major options the City has on this matter: 1. Keep the building closed and hire a part-time employee to clean the restrooms between Memorial and Labor Day. I 2. Request proposals for a year round restaurant operation. i 3. itequest proposals for a concession stand to operate from r Memorial Day to Labor Day. CLIP - 501 ALMOND STREET Enclosed is a letter from Mr. Tom Dougherty regarding Paragraph five of his Conditional Use Permit. Condition Number Five requires that I his building at 501 Almond Street be used as an attorney's office. s It is now being used as the Legislative Office for Senator Langley. The Council should either agree that this use is within the intent of the CUP or modify Condition Number Five to allow uses other than i an attortey's office. i I i ... _.. - _ • ' spa®� Page -2- Jnnuary 25th Council Mecting January 21, 1985 CUP - 501 ALMOND STREET' CONTINUED I would suggest that the Council may wish to reword Condition Number Five to state that the property may be used only as an office. No other uses (i.e. retail sales) are allowed. This permit shall auto- matically expire on January 25, 1984 unless renewed by the applicant. This Conditional Use Permit is not transferable to any other use, person, or corporation. The City Council may terminate this permit before the expiration date i1' any of the conditions are violated, and may refuse to renew the permit if this use proves to be a detri- ment to adjoining residential properties. BID AWARD - S'rREET PAVING Attached is a letter from the Public Works Director regarding the bids for our street overlay program. We would recommend that the low bid from Adams Construction be accepted for $29.85/ton. 'rhe per ton cost is ,below our estimate and should allow the City to overlay our alternate street (Minnehaha from Bowman to US 27) and the City Hall parking lot. The streets will be overlayed as ap- proved by the City Council during the December 2.8th Regular Meeting. Costs are estimated by the ton and the City will pay for only the tons of Hotmix actually used. A list and map of the streets to be paved are enclosed. CITY ENGINEER Enclosed is a letter from our City Engineer requesting that the City adopt a revised fee schedule. Council action on this schedule is requested. Sincerely, CIT��Y((OF CLERMON'r GEORGE D. FORBES City Manager GDF/jmb Encl. RECEIVE'U JAM ! h Igo Toni K. Dou rygsh(Vt� ATTORNEY AT LAW 501 ALMOND STREET CLERMONT, FLORIDA 3271 1 TELEPHONE (904) 394•61 B 1 January 12, 1983 City of Clermont P. 0. Box 219 Clermont, FL 32711 Attention: Mr. George D. Forbes Re: 501 Almond Street CUP Dear George: This is to inform you that in keeping with the requirements of Para— graph 5 of my Conditional Use Permit for',501 Almond Street, Lot 127, the building is now being used-for'the bus'ine'ss` bffi-ce of Senator Richard H. Langley and that the useA s within the restrictions the Conditional Use Permit. Thank you very much. Very truly yours, Tom K. Dougherty /lm i l CITY OF CL.ERMOINT P.O. nox 219.0.iRMONT, Fi.oRIOA 12711 . 1'1ION [ W/394 4001 CONDITIONAL USE PERMIT Article IX of the City Zoning Ordinance provides that the cffectiv- ness of the Conditional Use Permit is expressly conditional. upon, and said Conditional Use Permit shall not become effective for any reason unless and until the following event;; have occurred: 1. Pcrmittces shall have agreed to each and every condition by properly executing and sign.i,nq tho Conditional Use Permit. 2. Such Cunditional Use Permit executed as indicated shall have been filed in the office of the City Clerk within three months of its approval by City Council. Upon expiration of this per- iod, the permit shall become null and void, and the permittees must apply for rehearing. 3. In the event of failure of the permi.ttee to fulfill development in substantial accordance with the plans as submitted to the Planning and 'Zoning Commission and the City Council; comply with the codes of the governmental agencies having lawful and appropriate jurisdiction thereon, or violate any of the terms of the Conditional Use Permit, the permit may be revoked after due public hearings before the Planning and Zoning Commission and the City Council. PERMITTL• B: Tom K. Dougherty 740 Lake Avenue Clermont, FL 32711 CONDITIONAL USE PERMIT FOR: In order to establish an attorney's office in the existing building on this property. PROPERTY: Lot 127 of Clermont Heights, 501 Almond Street - southeast corner of Almond Street and Disston Avenue RESOLUTION: No. 397 CONDITIONS: 1. One parking space shall be provided for every 200 square feet of office space. Page -2- CONDITIONAL USE PERMIT CITY OF CLERMONT 2. If, at a future date, the parking at this location proves inadequate, the applicant understands and agrees that the City may require additional parking, impermeable parking, or rescind this permit. 3. No further expansion of the use or additions to the building shall be permitted except as approved by an additional Conditional Use Permit. 4. All applicable rules and regulations shall be met, including final site plan approval and landscaping. 5. This property may be used only as an att-orney's office. No other business operation can be conducted from the building. This Conditional Use Permit is not trans- ferable to any other business use, person, or corpor- ation. 6. A final Certificate of Occupancy cannot be issued until all of the above conditions are met. 7. This permit shall expire if construction has not begun within one year from the date of this Conditional Use Permit. Q. If any of the above conditions is violated, the appli- cant understands and agrees that the City may revoke this Conditional Use Permit by resolution. DONE AND RESOLVED BY THE CITY COUNCIL FCRTHE CITY OF CLERMONT, LAKE COUNTY, FLORIDA THIS 25th DAY OF MAY, 1982, A.D. I, the undersigned do hereby agree to each and every condition of the Conditional Use Permit. Tom K. Dougherty s CITY OF CLERM0NT PA. BOX 219 • CLERMONT, ROMDA 32711 • 111IONE D04/394 4001 CONDITIONAL U51S I'(iliMI'L' CITY OF CLERMONT Iron: Tom K. Dougherty 740 Lake Avenue' Clermont, FE. 3271.1. STATE' Ol' PLOIt1DA COUNTY OF LAH' Before me personally appeared �411t representing Tom K. Dougherty, to me well known and k own to be the person described in and who executed the foregoing instrument, acknowledge to and before me that jLL executed said instrument for the purposes therein expressed. t9jtness my hand and official seal, this I+�day of i,a1+tk 1982, A.D. _ l � C�ct, � � 624CJ C• Ll, _ Notary Public My Commission expires: )IL id, Received in the office of the City Clerk on Ju.1 9 M. Brandt, Deputy City Clerk NICIAN, 13111INSBJ) & MARAUIX 1111111'1!NNIIIN AI, I�MNIII'1 A'1'111N A'I'TOIINIM4 AND i OUNHIIIAIItH A'1' LA\Y 1111111 W11N'1MAIN H'1111!Il'1' I.1!I!Hll 11 It (I, Ir1.O 11 I11A 1)U7'111 1'IXANt: IMPLY 'POI 1'lIV'1' 111'1'11:1! IIIIAN'I!II IIM7 WAI:rms s. K''I.I N, 11.1 Il. 111!W'I!1' 111,11NNl!II Alll!A (Y1111! T I!1, Il1'I IIIN I! 7117-17-11L 11 li'1'ANI.I!1' 1!• PIA IIA 111X 111W11 A.1.1111(111111N January 19, 1903 Mr. George D. Forbes City of Clermont post Office Box 219 Clermont, Florida 32711 In Re: *'�R__B Itti ttA=_aer8 nt-11DI-el. Dear Mr. Forbes: You have requested our opinion concerning whether the City of Clermont may proceed to enforce its building and housing codes against the owner of the Clermont Hotel, and if so, how the best way to proceed might be. In giving you our thoughts on this subject, we are assuming that the defects set forth in your Housing Inspector's Report on this property dated August 25, 1981, do in fact exist on the premises. - - The owner of the Clermont Hotel is now in the midst of a reorgani- zation proceeding under 11 U.S.C. Chapter 11, the United States Bankruptcy Code. Generally, commencement of such a proceeding imposes an automatic stay against any action or proceeding seeking relief from the debtor or his property. 11 U.S.C. 5362. However, recognizing that the Code could be an impediment to certain functions of government necessary for the common good, Congress provided certain exceptions to the automatic stay, among them an exception for the commencement of an action by a unit of govern- ment to enforce its police or regulatory power. 11 U.S.C. 5362(b) (4) . The legislative history of this provision states that it is meant to allow government to pursue actions to protect the public health and safety. Certainly, building and housing codes are the kinds of regulations that cities pass to protect the health, safety and welfare of their citizens, and they represent a valid exercise of the police power. Therefore, it is our opinion the City may pro- ceed to enforce its codes against Nick Buttitta without seeking leave from the Bankruptcy Court. Having reached that conclusion, the question of how best to proceed must be addressed. In the codes themselves, it is specified that Mr. George D. Forbes City of Clermont January 19, 1983 Page Two the Housing Official should give the offending owner notice to either repair the structure to bring it into compliance, or demolish it, within a certain amount of days. If the owner does not comply, the codes specify that the City should remove the structure and charge the cost to the owner. However, we have serious doubts about the constitutionality of that process, and feel the City would be inviting a lawsuit by following it. As an alternative, we recommend the initiation of a civil action in the Circuit Court, seeking a mandatory injunction ordering Mr. Buttitta to clean up or demolish the building within a time certain, and if the court finds the building to be a danger to the public health and safety, allowing the City to demolish the hotel if Mr. Buttitta fails to act, and to impose a lien against the property for the cost of destruction. This kind of order would be enforceable by the contempt power of the court even if the court - should find that ,the..na,ture of the code violations does not warrant destruction of the, structure. Further, if demolition of the building is authorized, Mr. Buttitta will have been afforded the due process of law which is so noticeably absent from the enforcement scheme written into the building and housing codes. I trust the foregoing will be responsive to the questions you and the city commission have concerning this subject. If you wish to discuss it with me further, please do not hesitate to contact our office. Yours truly, co" X6;@ Fred A. Morrison FAM:klo n i r L o I, o Aw,hnit AT E Trinunry ror t I c "M c rO t v . ('n I- ro 1 1 rmi t ra c 1: 11 33.17 "' wi/ A d a r r, (!ntl!,. trilc t ! oll T-, A:; plin L t "n ve r, T) T n 11 ix v con, Tne. I n I*nll Go!; I r Asnimil t 1i.I ;.;I c n:; n! In It , 1 11 c . or I alldo ";,v 111, (10 Tnn n f vo r I n mi I t :111 Ilea rs that t I, t r P', I I to no r Fo rm to t:, o !; vo c .,;I t 11 s of f:hr. bld. '"!'crefnre.r,!Collvwlld tint wn m.-ard thy' contract to ro,ifttruction ro. P . 17. Sri v L h e Memo to: City Council hymn; City Manager Suhject: 1982 - 1983 Street %13111tc11;111c0 Prol,reno Itate: Do. ccmher 22, 19A-, We have completed nn invrntory of all City strecls and rated the condition of the pavement. lively street in the City was inspected according; to twelve types of defects (ex;unples of del'eCts are trans vorse rrncks, rutting, dcl'iricnt tirainagc, etc) •tad liven a numcri cal rat ing. The pavement Condit ion was then ranked as I;ood, f;l11', or poor. We arc reco mending that the streets with the lowest tanking be over layed with Ilotmix this year. !inclosed is a list of these streets and a map showing the areas we are recommending to be overlayed. Much of the pavement we are recommending to be overlayed is douhl surface treated and has never been ovcrlayed with Ilotmix atiphalt, Beginning next year, we will probably utilize a scaling progrcuii to increase the life of our streets. Wt• are also p;u•ticipntinl, in a stucly sponsored.hy the American Pull]ic Works Association which wilt help us to optimize our investments ft.r street maintenance. I would recommend that the nutjilt en,tnce ill' those streets on the attached list he approved for the CityS 1992 il,83 I:Y Street Main- tenance Program. We have rcyuested hid. I'ur the asphalt work, and the bids will he suhmitte,l to the ('nuncil at our srcnnd meeting in .lanaary. Respectfully, CITY OP CLGRh1llN'I' 1 ) CHURGG 1). FORBES City Manager GUP/ j mb Attach. CITY or r.LrlfMnIIT prtnrnsrn STafrTS Tn Sr. rr!;I'nrUr.n !lumber_ tract__..,...._iron __... — ?....._.. 11 Ploxam Ave. MInnahsha Iluob Ct, III It. nroomr. St. Linton Tenth Is 1:, Oronmo St. nisston Scott 2An Chestnut St. Pest rinhth 36 C. Desoto St. IIoxan ?vr., ncad end hh Past Ave Grnnd I'ighway rllnneala r Clghth St. 'Inn trosn 5t, neinto 51 Cighth St. Desoto I+wY rn 71! Grand Illnhway Mvy rn 75 Ilampton rt. Illnl+land AImen (I 94 Jonas Lane. pitt St. nand end J5 it. Juniata St. rlevanth St Tenth 81 F.. Juniata St. nlsston Sent 91 Lake Ave Mlnneola Montrose 911 Lake Ave. Montrose Oefnto 10(. Linton Ct. Broome St. Sn' 117 W. Mlnnehaha Fifth St. Third St. 1170 I{, 111 nnehahs Th I rd nrnrnnn 135 C. !lontrosn Ploxam Ave. !!''Y"7 Ili` Ilnrning nrlvn MInnchaha 1^4' W. Osceola rt. Eighth r•nst Ii+? Pine Lane nIoxam I t,- 1'" ritt St. rust r•Vc nrn" 1 PItt St. b+'rU (Partial) 1lsstrm 1 1 pitt St. Isston " Janes Lane tr^ rosewood Or ve III nnnhahn Ln: cihnrC 1 School St. Pr.rnto :11r'•land 141 Scott St. ItIrine01a !Iin'•land 1"1 Sunsct nrlve Vinnchahn h^"' Virginia '1r. I!I nnehal+a 1^rr ',[,Tr I::IATi: :i nnch aha ': ounan 11�ly 77 '•Y Ltis/"Y Inns 11,r,7 lip 173.1, r•n3 Inn ".1r l�,r, Inn ^l,h 11.r.7 inn 71.3r 1^?n Inn ^A.n 11r riI.1,37r ir1A Inn 7r n 1173 51 .(, 111GE Inn 71.3 hen Inn. 21.n 1413 Inn 7n,6, 1(611 Inn n1 , 1750 Inn '17.5 1P59 inn n2.9 133 inn 1110 Inn 173.1, rrr,6 inn 111.T ei+F9 Inn 1,7,h5 7n2 1nr Ini,nn Inn r2n.n 722 -1n'+ _ II.I -- InI. In, ^i nr, IInil Inn rh,7 I^nr Inr, 7177 1n1 p�c7 In'l 133.35 I Inn Inn rn.n 2rn Inn 12.5 7' r7 rnnn 1"n i,nn, + i Mcuno to: Cily Council from: City Manager 5ubjcct.: 1982 - I983 Street Maintvuancv Progr;on Iatc: Dvi'vuiher 22, I982 We have completod an invvnlory of all City stroeis and rated the condition of the pavanent. livery street in the Pity was inspected according to twelve types of defects (examples of dv1'vcts arc trans verse cracks, rutting, dvl'icient dralnage, ct(') 'Intl )riven a numcri cal rating. The pavement condition w;o. then ranked us good, fair, or poor. We arc recommending that the streets with the lowest ranking be over layed with Ilotmix this year. liuclosed is a list of these streets and a map showing the areas we are recommending to be overlayed. Much of the pavement we are recommending to he overiayed is douhl surface treated and fins never been ovvrlayed with Ilotmix asphalt. 8cginning next year, we will probably utilize a scaling program to increase the life of our streets. We are also participating in a study sponsored by the America, Public Works Association which will help us to optimize our investments Or street maintenance. I would recommend that the niainten;nncc of, those streets on the attached list he approved for the City's 1992 1993 PY Street Main- tenance Program. Wv have rcyuested hid., for !hv asphalt work, and the hills will he st:hmitted to the ('nuncil ;it our svrond meeting in January. Respectfully, 1 CITY 01: CLERMONT 1 GRORGR U. POROUS City Manager GUf/jmb Attach. Ivintrl i 11 ELLS, I7110 ,I ) , AVf • C UTTLI TO Ly T e r\ ATIL , I 1 fn 1 ' 410" API `l <_ r `C! F/1$ •�� y i in I ,„o tNn - f, y y '• �- � 11LR�tSS - - PIT AAS ut Dan L x M r II� ,vi fi I4 ►�� [.[41!99 �[ .m bu wA _t ANOIAI y ~ V_�N„rn•:,„ �, O t li IIP f 'y I 0 (II551_IIN I nlSti•t,N. AYI ) _ I)-11 SI(1„ r0 AV w -�/�^, __ - 1 IIV[Rlt%1. i MOjINI n MANTa S liulul i ATiL •. r LAKE f`-Ctiva CITY LIMIT!Yf/ / LIMIT GRAN SPRINGSTEAD ANI`ASSOCIATES, INC. 6701.u1ftiny 629I11etll - VN,41tvirls - G;1llveyvll '; ,T 600 N. MET 6T. ►,O. EOM 1E1 M W % IIA. 7171E (904) 797.1414 WHY RWY 476 January 6, 1983 ►,o,E0x3@3 Eu6NN1ll, FLA. 71511 1901I 7911639 Mr. George D. Forbes, City Manager City of Clermont P. 0. Box 219 Clermont, Florida 32711 Re: City of Clermont E-113 Dear George: In following up on our several discussions concerning fee schedules, the following is the information which you requested. We became Clermont's City Engineer by Contract on February 28, 1977. A fee schedule was adopted, at that time, by the City Council. Classifications of Engineer and Engineering Technician were added on May 23, 1979. The following is a composite of the fees which we are now using in doing work for the City: FEE SCHEDULE ---- ' (February 28, 1977) Professional Engineer $30.00/hr. *Engineer 25.00/hr. *Engineering Technician 22.50/hr. Design -Draftsman 20.00/hr. Draftsman 15.00/hr. Secretarial 10.00/hr. (* Classifications added May 23, 1979) Our current fee schedule, Schedule "A", (attached) reflects addi- tional work tasks; however, the comparable tasks to the above list are as follows: CURRENT Professional Engineer $40.00/hr. Engineer 32.50/hr. Engineering -Technician 25.00/hr. Design -Draftsman 23.00/hr. Draftsman 21.00/hr. Secretarial 13.50/hr. January 6, 1983 Mr. George D. Forbes E-113 Page 2 Since we have the additional work tasks, we are including our current fee schedule. We request that you have the Council approve the current fee schedule for ongoing work as City Engineer. Should you have any questions concerning any of the work classifica- tions, duties, or fees, please give us a call so that we may clarify same. Very truly yours, Sp\R/1NGSTEAD A D ASSOCIATES, INC. A Jyhhp W. Spring$tead, E. JWY:mn 6cl. SPRINGSTEAD AND ASSOCIATES, INC. Bno N. 111 ST. pp cc C7tlnsuribly GIl�111CC S! �I1It111/!CT! • �IIY VLI�UT] P.O. BOx 263 111S0UR L7731119 I W[ST MY 476 May 15, 1982 SCHEDULE "A" P.O. Box ]u 0USHNILL, N.A.!]SU HOURLY FEE SCHEDULE FOR PROFESSIONAL SERVICES rIBu7+Lute ADMEINISTRATION Profess ona ngineer $40.00 Secretary/ with Word Processing System 2000 Secretary/Clerical . ENGINEERING $32.50 Engineer Project Engineer 27.50 Engineering Technician 25.00 Design Draftsman 23.00 Draftsman 21.00 Computer Time IBM Series I 85.00 Computer Time Olivetti P652 27.50 SURVEYING Profess onal Surveyor, R.L.S. $35.00 Surveyor Supervisor 27.50 Design Draftsman 23.00 Draftsman 21.00 Two -Man Survey Crew (4 Hrs. Min.) 42.50 Three -Man Survey Crew (4 Firs. Min.) 50.00 Four -Man Survey Crew (4 Hrs. Min.) 57.50 Computer Time IBM Series 1 .85.00 Computer Time Olivetti P652 27.50 Elec. Dist. Measuring Equip. (2 Hrs. Min. Time Use) 17.50 Concrete P.R.M. in place (Each) 4.00 Iron Pins in place (Each) 1.75 PLANNING Land Planner $35.00 Design Draftsman 23.00 Draftsman 21.00 Reimbursement shall be made to Springstead and Associates, Inc., at cost for all out-of-pocket expenses, including, but not necessarily limited to printing, long distance telephone charges, and travel by automobile at 25t per mile. All construction testing, if needed will be billed to you at cost. Billings will be made on a monthly basis and payment will be due and payable on the 10th of the following month. SPRINGSTEAD AND ASSOCIATES, INC. 11 (', I •, I L - dob'n W. Springsteal; P.E. Date _; ' Memo to: City Council From: City Manager Subject: Weekly Memo Date: January 21, 1983 THE WEEK IN REVIEW Bad news seems to come in waves and the past week was not a good one. Saturday morning, .January 15th we had a fire at Pace Auto on Highway 27 which resulted in the death of an area resident. Saturday night there was an armed robbery at the Pelican Station. Monday night at 5:10 p.m, a truck ran over a fire hydrant at Fifth and Minneola, pulled the hydrant out of the ground and created a bad washout under the street. Tuesday morning a traffic accident at Fifth Street and Highway 50 demolished our traffic control boxes and put our traffic signals out of operation at this busy inter- section. Then on Wednesday we had a 6" water line break on Lakeshore Drive just west of the Lake Winona Bridge, and Thursday the heavy rains caused some leaks in the roof at City Hall. The good news is that our City employees quickly moved to correct all of these problems! Almost the entire clay Saturday Chief Tyndal, Bob Smythe, and the State Fire Marshall worked to investigate the cause of the fire at Pace Auto. A report will be forthcoming. The Police Department has already made two arrests concerning the armed robbery, and the Utility Department worked into the night to repair damages caused by the fire hydrant. The City will be billing the truck driver for all damages. In addition, the traffic control boxes were repaired within twenty-four hours and the drivers will be billed for their damages. Lastly, the water main on Lakeshore Drive was re- paired. Sometimes it is very difficult for us to get ahead in our work when dealing with daily emergencies such as these. ORDINANCE ADOPTION The City Attorney and I have investigated the State Law and City Charter and determined that the Council could require ordinances to be introduced by a formal motion requiring a majority vote for pas- sage. In other words, a failure of a motion to introduce an ordi- nance for first reading would eliminate further consideration of the ordinance and there would be no second reading. Both the State Law and City Charter require an ordinance to be read twice before adoption. They do not stipulate whether a formal vote must be taken on the first reading. Most cities in Lake County do vote on the introduction of an ordinance and then vote again at the second read- ing or adoption. Page -2- Weekly Memo January 21, 1983 BABE RUTH LEAGUE The Babe Ruth League voted not to accept any teams from the Pine Hills area. Mike Hart of the Babe Ruth League called this week and they were very appreciative of the fact that the City trusted and allowed them to make the decision. UTILITY DEPARTMENT The Public Works Department flushed;mains;in trouble areas this week and have transferred twenty-four services to our new main since January loth. They are now working in xhe,'vicinity of Fifth and Carroll. As of this date, we have 211 service transfers to construct, 45 tie-ins of 2" or smaller water mains; and�45 old lines of 1!1, to 4" mains to abandon. Monday we will be shutting"down the Grand Highway well to replace a pump shaft. The shaft is bent and has been vibrating badly for several years; and these vibrations have caused bearing damamge. We purchased the new shaftseveral years ago, but wanted towait-- :--- until our water system improvements were complete before shutting down the well. The firm of Layne Atlantic will be assisting us with this work. • r. WORKSHOP I would suggest that we conduct a Workshop in late February or early March on the following suggested topics: Street Sweeper, Parks' Vehicles, Capital Improvement Plan, Seminole Well 'Housing, Annexation Policy, Financial Planning, and Recreational Programs. WASTE TREATMENT PLANT If there are no Council objections, I will be in Tallahassee on February 2nd and 3rd in order to discuss the possibility of obtaining 208 Funding for our Waste Treatment Plant, and to attend a conference on construction grant programs and regulations. 9th CENT GAS TAX The 9th Cent Gas Tax that was adopted by referendum went into effect on January 1, 1983. The State Department of Revenue has informed us that we should receive our first payment from the tax in March. The State will be distributing the funds to the County. The Lake County Finance Department will then be responsible for distributing the funds to the cities. These funds will be distributed on a 501 City, 50% County split. The 50% City share will be divided on a per capita basis according to the 1980 census. Page - 3- Weekly Memo January 21, 1983 LAKE COUNTY WATER AUTHORITY The Public Hearing on the need for the continued existence of the Water Authority will be held next Tuesday, January 25th at 7:00 p.m. in Courtroom C, on the fourth floor of the old Court House in Tavares. LAKE COUNTY LEGISLATIVE DELEGATION The Lake County State Legislative Delegation will hold a Public Hearing on Tuesday, February 8th at 7:30 p.m. in the Lake County Commissioners Room, on the fifth floor of the Court House in Tavares. The purpose of this meeting is to give the public an opportunity to inquire about any legislative actions or to sug- gest legislation. If the City wishes to propose any legislation or ask any questions, it could be done at this meeting. •a FINANCIAL,,REPORT Enclosed is the December Financial Reporti for your review. a' LIBRARY Enclosed are the Financial Report, Minutes, and other informational material on the Library which were received from Council Member Dupee. Respectfully, CITY OF CLERMONT I. o. GEORGE D. FORBES City Manager GDF/jmb Encl.